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Paul Matthew Fakler

Paul Fakler’s Answers

4 total

  • My father was an author of 3 books.He passed away 6 years ago.Do myself & siblings have the copyrights to republish these books?

    Just unsure of our right as heirs!

    Paul’s Answer

    The answer depends, in the first instance, on whether your father assigned his rights or granted an exclusive license to the company that published the books. If you cannot find any contracts, you might want to contact the publishers and ask them for copies. If no rights were transferred, or if the rights reverted back to your father before he passed away, the manner in which the rights descended to the heirs can be complicated. Even if he transferred his copyrights to publishers, the Copyright Act allows authors or their heirs to terminate this transfers after a certain amount of time. Also, if the books are out of print the publishers may be willing to voluntarily transfer the rights back to the author's heirs. You should consult with a qualified attorney, preferably one with copyright experience.

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  • Is it legal to download free tv episodes

    i want to know if it is legal to download tv episodes for free

    Paul’s Answer

    The answer to this question depends on whether the copyright owner of the television series has authorized the website to provide downloads. If the website offering the downloads is not licensed or otherwise authorized by the copyright owner, it is not legal for you to download the episodes.

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  • I wrote a book with another indiviudal. My idea..mostly my words. She edited. Now is stating she sent application for

    copyright without consulting me. And is making decisions about publishing, etc and withholding information. Do I have any legal rights or how do I stop this from going any further?

    Paul’s Answer

    You should certainly consult an experienced copyright lawyer. Much depends on whether you signed a written agreement with this person, and if so what that agreement says. If you and the other persons are joint authors (which you might be if you both contributed copyrightable authorship to the book) and you have not assigned your rights to the other person, then neither joint author can grant an exclusive license for the book without the other joint author. Any publisher will want to get exclusive rights. Another important question is whether this person listed you as a joint author on the copyright registration.

    Again, if you want to protect your rights you will really have to involve a qualified copyright lawyer, who can give you more specific advice based upon the facts and details.

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  • Is transcribing a cover of a popular song into sheet music and selling it for a profit illegal?

    I have covered a song on piano by the artist Pendulum. I spent about 2 hours the other day writing my version of the song (which is quite different to the original) in sheet music form. I was thinking that because of my effort i might sell it to m...

    Paul’s Answer

    Under United States law, if you do not obtain a license from the copyright owner of the song, it is not legal for you to transcribe a new version or arrangement of the song (which is a violation of the right to reproduce the work and the right to prepare derivative works), nor is it legal for you to sell it (or distribute it for free) to the public (which is a violation of the public distribution right). Even if you have made changes to your "version" of the song, if it is recognizable as being based on the original it would require a license. Indeed, it would also be a copyright infringement for you to post a recording of yourself performing the song on Youtube (which would violate multiple of the exclusive rights under copyright).

    It is also highly unlikely that you could own or legally register a copyright in your arrangement or version of the song (or register with a performing rights organization, etc.), because you created it without the authorization of the owner of the copyright in the underlying song.

    Of course, these statements are based upon general principles, without examination of the actual works involved. You would need to have a qualified attorney examine the original song and your version to get solid legal advice you could rely upon.

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