Archived
Is a 'how to guide' that includes various exercise routines considered 'educational purposes' under fair use copyright law?
David's answer
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Answered on October 27, 2017
It is not enough that your guide is educational in nature. You would have to meet the four-factor test of fair use as established by copyright...
Archived
How do entrepreneurs protect their confidential information after the NDA with their product development firm expires?
David's answer
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Answered on October 05, 2017
Please keep in mind that an NDA will not protect you against an unscrupulous company, so you have to also do due diligence on any party you are...
Can an artist/ label release and sell a recording I am on without telling me beforehand and settling on some sort of agreement?
David's answer
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Answered on September 08, 2017
In the absence of a written or oral agreement regarding your participation in the making of the sound recording, coupled with the fact that you...
Can I revoke my permission on a talent release based on producer used a traditional and ineffective recital of consideration?
David's answer
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Answered on August 11, 2017
It depends on what is in the release you signed. If it is a well drafted release, you probably have very little chance of succeeding on any claim.
Archived
Can I use a quote from Lin Manuel Miranda's Sonnet form the 2016 Tony Awards in a video as just text?
David's answer
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Answered on July 24, 2017
I agree with Frank Natoli's answer. I would just add that using small (reasonable) quotes that are not the "heart of the work" are usually...
Can a non-patent Attorney counsel assist clients in obtaining a patent?
David's answer
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Answered on July 23, 2017
I just checked the requirements, and it seems that if your bachelor's degree is not in one of the Patent Office's approved science or technical...
Can I use recordings from an out of business label without permission?
David's answer
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Answered on June 23, 2017
I agree with what Pamela Koslyn said. But you may also be protected by the principle of fair use if your use of the work is "transformative." ...
Can I take photos for commercial purposes at a business with no property release?
David's answer
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Answered on June 22, 2017
My view may be a little different from the other lawyers posting here. I believe that there is only a small risk of a viable claim for using the...
Archived
What if i buy a super hero shapped cake mold and sell that cake at my restaurant ?
David's answer
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Answered on June 05, 2017
You most likely have a copyright violation. But if your copying is "transformative" in such a way that it is a parody of the original work, you...
Archived
Can I sue a TV production company for using my daughter in a TV segment without a release/consent?
David's answer
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Answered on April 26, 2017
As the amount of the payment would have been a material term to forming an oral agreement, it appears that no agreement was reached. The fact that...
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