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Joseph Christopher Gioconda

Joseph Gioconda’s Answers

41 total

  • Can a limited liability company do business internationally?

    Hi, I run a website over the internet. A company from Europe wants me to post their goods on my website. They want me to sign a contract by e-mail for my limited liability company and agree to post their goods to my website. Can a regi...

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  • Does contract law supersede the terms and conditions of a website?

    Example, if two parties connect via a job posting website and then enter into a contractual agreement for one party to perform specific work for the other for a set fee, does their contract supersede that website's terms and conditions? In short, ...

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    Generally speaking, contract law attempts to ascertain the intention of the parties.

    Consequently, it is a well-established rule of contract construction that, all other things being equal, a term specifically drafted in a negotiated contract will take precedence over "standardized" terms in a general contract. The principle is that the parties had the opportunity, at arms-length, to bargain and negotiate for what mattered most to them. Therefore, to the extent that there are any conflicts between two contracts, the negotiated contract will govern.

    However, if the negotiated contract is silent on a particular term, and the parties have otherwise entered into a standardized agreement, the court may look to that agreement, for insight into the parties' intentions.

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  • Is it legal for an ex to post a nude picture of me online when it was obviously intended for private purposes?

    A guy has been posting my pictures, along with other girls pictures on an anonymous nude website. All parties are of legal age, but NONE of these pictures were taken by the guy(s) posting them, and there was an obvious understanding that they wer...

    Joseph’s Answer

    From a purely copyright perspective, you have no legal recourse, as the copyright in the photographs belongs to the photographer.

    From an invasion of privacy/false light standpoint, you may have some recourse, even though you willingly posed for these photographs, if you strongly believe that you had an "obvious understanding" of how they would be used by him, and he is acting in a way that is inconsistent with that understanding.

    Further, if he suspect that he is using the photographs to harass, intimidate and annoy you, that may give rise to a variety of civil and even criminal causes of action for harassment and nuisance, depending on the circumstances.

    You should consider retaining a local lawyer, who may be able to send a formal cease and desist letter to this person, and possibly to the website(s) displaying the photographs. Good luck!

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  • How do determine web site ownership?

    I acquired a domain name on 12/11. On feb 2012 I built a web site for a client using my domain name. Client paid me some money to build the site. we than had an agreement in writing that I will promote the site for him for 3 months and he will ...

    Joseph’s Answer

    You need a lawyer.

    The issues here involved complex matters of copyright and contract law.

    The Domain Name is registered to someone, which would constitute evidence of ownership of title to that Domain Name as property. Of course, that ownership interest could have been divested through a contract, which can be either written, verbal or equitably imposed by the Court, depending on the circumstances.

    Further, the content of the website involves content creation, which means the copyright in the content could be owned by you, your client, or both, depending on the circumstances. Hire a lawyer.

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  • Many Copyright infringers. False Licensing claim by a company selling my design. My work was changed & copyrighted by another.

    While surfing the web, I came across numerous business selling exact copies of my registered copyrighted (1992) design. One of these companies has it advertised as "Officially and fully licensed". I have never had a Licensing Agreement with t...

    Joseph’s Answer

    My colleagues are correct -- you need an attorney to evaluate your options.

    Note that you really should consider pursuing some form of legal action, for inactivity once you are put on actual notice of the infringement can actually lead to a statute of limitations/estoppel by laches defense, based on your delay.

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  • Removal of Mugshot

    I have called several mugshot removal internet websites to find out how exactly how they're authorized to remove mugshots. A few representatives with whom I spoke said they fill out legal paperwork, then turn the paperwork over to the website(s) p...

    Joseph’s Answer and other mug shot display websites base their existence on the rule that mug shots are public, official records, and that a citizen does not have a state law privacy interest in them. Further, under the First Amendment, most official, public records can be obtained with permission, third-party release, or proper request under the Freedom of Information Act (FOIA), if they are not already publicly-available documents to begin with.

    If the official mug shot is part of an arrest record, the mug shot could be considered part of the public domain in some jurisdictions. Even if a mug shot is not officially considered part of an arrest record, it is generally a photographic record in the public domain and the laws of most jurisdictions allow one to request and obtain these types of records.

    Some states recognize a common law right to privacy, and the Appeals Courts are split on whether or not a citizen who is arrested (and of course, presumed innocent until proven guilty) would be entitled to demand that their mug shots be removed from websites if they are later acquitted., in particular, offers a courtesy removal process in certain instances, although they vehemently protect these options as a mere courtesy, and not a legal requirement.

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  • Is it against the law to post nude pictures of someone without their permission?

    my ex is going crazy and is talking about posting nude pictures and videos of me online. i have done got a protective order against him for threating what else can i do about this?

    Joseph’s Answer

    First of all, you need to hire a good lawyer.

    There are two levels for that lawyer to consider: Criminal and Civil.

    You stated he is your "ex." I will assume that you mean ex-spouse or ex-boyfriend.

    If this man threatens to post nude pictures and videos of you to harass you, he may be violating the Court's Protective Order, and could be jailed for being in Contempt of Court.

    Further, the act of posting nude pictures/videos online in order to harass you may also constitute a civil tort, which may also give you the right to sue him for economic damages and a civil injunction. However, that is more complicated.

    You obviously need to hire a good lawyer.

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  • If you build a website for someone and they don't pay you are you allowed legally to take it down?

    If you build a website for someone and they don't pay you are you allowed legally to take it down? We built a website for someone who now refuses to pay and want to know our options.

    Joseph’s Answer

    It depends on a variety of factors, ranging from applying contract law to intellectual properly law to the facts at hand.

    For example, who legally "owns" the content displayed on this website?

    Who legally "owns" the domain name that the website is associated with?

    Why didn't the client pay you?

    Did you have a written contract?

    Did you have a binding verbal contract?

    You obviously need a lawyer to review your options before you do anything as drastic as "taking down" a customer's website. Be forewarned!

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  • Is it ok to use words to a published song in a funeral program?

    A friend of mine passed away recently and in helping with the program I offered some excerpted words from a published song that the decendent really loved. Now I read something about a problem using published music in weddings and I am very conc...

    Joseph’s Answer

    If you did nothing more than excerpt a portion of song lyrics for a funeral program, I would not worry too much about it, as it is probably subject to a good faith fair use defense.

    If a copyright owner bothers to hassle you about it, let me know. I'm sorry for your loss.

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  • IP Lawyer Question regarding domain rights and copy write with "Cease & refrain" demand

    I received a certified letter from a major national corp on Friday demanding that I stop using my domain name and web site that i have been doing business with since 2003. The firm is claiming that my web site name is confusing to the marketpla...

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    My colleagues above have given good answers.

    If you are genuinely acting in good faith, an experienced trademark lawyer should be able to work something out with whomever sent you the letter. Often, these letters get sent out as part of a very large campaign, and the sender does not analyze the specific facts of each and every case. Once brought to their attention, however, they don't want to spend unnecessary money just because they may have "deep pockets." They just want to protect their brand.

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