Questions answered by Barbara I. Berschler

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Can a corporation sue in small claims without an attorney?

Barbara's answer | Answered on October 09, 2015

Some states do allow corporations to participate in a small claims proceeding without an attorney. See the link below for a start to see whether...

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When registering for a copyright, when can an electronic version of a work be uploaded instead of mailing in a hard copy?

Barbara's answer | Answered on October 09, 2015

It sounds like what you are claiming copyright rights is for the digital design and not mugs or pictures of mugs. There are a number of circulars...

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If I sell copyrighted material on my website, I am not the creator

Barbara's answer | Answered on October 09, 2015

Yes you could be held liable, because copyright infringement is strict liability. That means even if you don't know you are infringing, you can be...

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Need few clarification on using creative commons licensed content.

Barbara's answer | Answered on October 09, 2015

I agree with Mr. Sack's advice. I would add that you need to look at the terms of the creative commons license that might apply to the images you...

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Commercial landlord Tennant dispute

Barbara's answer | Answered on October 09, 2015

I agree with my colleagues. I would add, you should check the lease because often it tells you want kinds of uses and activities are not allowed. ...

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Does a trademark have to be previously used in commerce in order to be licensed?

Barbara's answer | Answered on October 09, 2015

A Mark only acquires trademark rights when it is used as a mark. It need not be registered to be a mark but to qualify it must be used. It need...

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If a trade group sells a document to its members, who all publish it, is it still covered under copyright?

Barbara's answer | Answered on October 09, 2015

Probably because the trade group can claim copyright rights in the order and presentation of the manual. it cannot claim copyright in the...

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Does it violate any law or code for a landlord to have a tenant living in 2nd story apartment with balcony that has no guardrail

Barbara's answer | Answered on October 07, 2015

Check the link below for a start. Then contact the office that administers the program.

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Can a company break a written contract without notice for no other reason than I was off for medical reasons.

Barbara's answer | Answered on October 07, 2015

It sounds like you have been given a bad break. To really know what your remedies may be, you need to consult with an attorney who is familiar...

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I have some vending machines that were sent to me with known a theft defect, Is this a breach of contract?

Barbara's answer | Answered on October 07, 2015

What may have happened is that the manufacturer has not lived up to certain warranties that would come with the sale of the machines. However, did...

Barbara I. Berschler's Answers (1418)

Can a corporation sue in small claims without an attorney?

When registering for a copyright, when can an electronic version of a work be uploaded instead of mailing in a hard copy?

If I sell copyrighted material on my website, I am not the creator

Need few clarification on using creative commons licensed content.

Commercial landlord Tennant dispute

Does a trademark have to be previously used in commerce in order to be licensed?

If a trade group sells a document to its members, who all publish it, is it still covered under copyright?

Does it violate any law or code for a landlord to have a tenant living in 2nd story apartment with balcony that has no guardrail

Can a company break a written contract without notice for no other reason than I was off for medical reasons.

I have some vending machines that were sent to me with known a theft defect, Is this a breach of contract?