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Pamela Koslyn

Pamela Koslyn’s Answers

27,045 total


  • Are the any HIPAA violations if my insurance mistakenly billed my ex-husband's insurance?

    My ex-husband and I have the same insurance company. They recently billed his insurance for chiropractic appointments. He was notified about the charges. I have been off his insurance since April 2014. Is this considered a HIPPA violation and are ...

    Pamela’s Answer

    Whether or not it's a violation, you can't sue for damages since there are no private claims available for HIPAA violations.

    You could submit a complaint to the Health and Human Services agency that governs the HIPAA to make sure this doesn't happen again: http://www.hhs.gov/hipaa/filing-a-complaint/index.html

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  • Can I put in a restraining order against my Ex-fiancée who is stalking me, my family, and friends?

    My Ex-fiancée mentally abused me and towards the end of our relationship, it was starting to get physical, by him doing subtle things like push, shove, 'lightly' slap my arm or leg, etc. Never enough to leave a mark or bruise. He broke up with me ...

    Pamela’s Answer

    You can and should try, particularly if he's bothering your family and friends, but your problem is that this has been going on for almost 2 years, and may not seem time sensitive to a judge. If your ex's behavior has gotten progressively worse so that he simply will not take "no" for an answer and your fear for your safety and for that of your family/friends has escalated too, those are things you should stress in your application documents.

    See a local lawyer for help if you can't do this yourself, but it's likely that this is a DIY job that you can do yourself. Check out your court's website.

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  • What do I do?

    We bought a motorcycle that was never titled in the name of the person it was bought from. There was never a written agreement of price or the transaction. We have paid on it and have every record of every payment. Now they are saying they want mo...

    Pamela’s Answer

    You can enforce this oral contract in your local Small Claims court and get a declaration from the judge that you've made all the required payments so you're the owner and are entitled to the title. Your oral testimony is your evidence of the contract.

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  • Should I do it?

    I have a property under my name. But not on mortgage the person on the mortgage is deceased. The bank said I can put it under my name after I send them proof that they're dead.

    Pamela’s Answer

    If by "under your name," you mean the property's title is under your name, then it's unclear how the mortgage would be under the dead person's name, and why they'd agree to pay a mortgage on property they don't own.

    Who's been paying the mortgage? If it's you, then yes the bank will want you to assume the mortgage under your own name.

    You're best off consulting a real estate lawyer you're comfortable disclosing the facts to.

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  • How to copyright an animated series?

    Hi dear friends, We produce our own IPs and we want to copyright them. I have a couple of questions and I would appreciate it if you provide me the answers: 1. How should we copyright an animated series? I mean should we copyright the characters...

    Pamela’s Answer

    Copyright is a noun, not a verb. You register a copyright, you do't copyright something. You can get a "common law" copyright on creation, and should use apropriate notice on each physical copy of your work. That's all without registration. But copyright registration confers important benefits, and is cheap, so it's a good choice for your work.

    Fictional characters can be protected by copyright, for their expression, by trademark, for their source, and by unfair competition law. Each of those strategies depends on the use. Copyrights are cheap, $35, but trademarks are $325 per mark per class, which adds up fast. Unfair competition is a type of trademark litigation claim, and it will be a weapon against infringers if you need it at some point.

    Scripts can be registered separately or as a series if there's a series.

    The audio-visual episodes can also be registered separately or as a series.

    Hire your own intellectual property lawyer to discuss the details and formulate the best plan for your work.

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  • Can Iranians register something with US copyright office? Or sanctions against Iran doesn't allow this?

    For instance, registering a song, a story, a book, a comic book, etc. so the license will be under their own name.

    Pamela’s Answer

    Your question is posted as if you're in NY, NY. If you're actually in Iran, and you're not an Amercian Iranian, you're not able to use the U.S. Copyright system.

    Iran's not signatory to the Berne Convention or WIPO which make copyright protection reciprocal among countries that have agreed to be bound by these international treaties

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  • Can l do it? (IP, copyright, entertainment)

    I'm an lranian, l wish to become a singer, and for now l need to upload my songs on iTunes, Last.fm, Reddit music, youtube and sites like these in order to find some American talent looking music label to publish my songs more widely in US, and wo...

    Pamela’s Answer

    Because of your nationality? No, there's no barrier there.

    However, you need to protect your intellectual property before you upload it anywhere. If your songs were composed by you, then you own the copyrights. Before you upload anything anywhere, make sure your copyright registrations are in place, so you're protected from any authorship or infringement claims.

    Any copyright lawyer can help you with this.

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  • How can I cash the check made payable to my closed business and deposit it to my personal account?

    I(my company) built a family member a house using my own credit. He owed me 30,000.00.Then he filed bankruptcy listing me as an unsecured debt. I started getting a check from the trustee of the account. I have closed the business and want to close...

    Pamela’s Answer

    If you haven't closed your business account, deposit this check in it and then move the money to your personal account and close your business account.

    You may need to file an amended tax return for your business. Check with your business's CPA for help.

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  • Can I be based out of another state and avoid FL tax due to my 'virtual' goods? Am I transacting business in the state of FL?

    I live in Florida and want to have an LLC for my business. I do web design and branding, all of which are online actives and thus I have no 'physical' good or office location. Through a registered agent I would be able to have the LLC based in a m...

    Pamela’s Answer

    You do have an office location, and it's your home office. If you want to organize your LLC in a more corporate-friendly state such as DE or NV, you'll still have to qualify to do business in FL because that's where you're actually doing business.

    See your own business lawyer for help.

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  • Does capitalization matter for trademarks?

    Does capitalization impact trademarks? If a company has a registered trademark on GLASS ("GLASS® Online"), can I still use the lower case version of the word (glass) without infringing on any trademarks or copyrights?

    Pamela’s Answer

    If you mean can you use the word "glass" in everyday discourse, as a word describing a hard material used, among other uses, in windows and car windshields and drinking vessels, of course you can. A trademark is not a monopoly on a word or words or phrase that allows a trademark owner to exclude others from using that word/those words/that phrase. A trademark is an indicator of a particular source of specific goods or services.

    If you mean are there trademarks that use capital letters, yes, some trademarks use what are called
    "stylized" forms with capital letters.

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