I'm hiring an actor for a web series and I want to keep the series confidential. I've heard of confidentiality agreements, NDA's and getting bonded (where one agrees to pay damages if they speak about something?), but I don't know if it's any of t...
The title of the agreement is not really important. It's the content that matters. That said, a confidentiality agreement or non-disclosure agreement would likely be your best bet to maintain confidentiality.
However, if you are working with others to participate in the creation of an audiovisual work, you absolutely should have a written agreement that addresses more than just confidentiality. For example, such an agreement should clarify what rights, if any, the actors or other participants have in the resulting audiovisual work(s). In most cases, the agreement should clarify that the actor's contribution is a work-made-for-hire, to avoid the potential for the actor to claim co-ownership of the copyright.
If you are going to be putting more than a negligible amount of time, money, and effort into this series, I strongly recommend consulting with an attorney to understand what kind of agreements you get in place and other steps you should take to protect your rights in the series.
I asked a question about my trademark and received some lectures. 1.) I have been using my trademark for a year and have established it in my online business all over the US. 2.) I can prove that every person now directly copying my trademark ...
The best way to prevent others from using your trademark or confusingly-similar variations of your trademark is to consult with a trademark attorney who can evaluate each such potentially-infringing use and recommend the best enforcement option for that case.
Unfortunately, it's just not practical to get tailor-made enforcement advice for your particular business and trademark, regarding each particular infringing use, for free, over the internet.
I am writing a memoir on behalf of a family friend of mine. She is 93 years old and has a very inspiring life story that she has always told me she "wished she could write a book about." So with me being a writer, I've decided to write the book fo...
As others have mentioned, you do not generally need permission from the subject to publish a factually truthful biography. However, if the subject is cooperative, then getting a written agreement in place before publication would both decrease any risk of liability and provide significant commercial advantages. With regard to the potential objections of a family member or other individual who objects to the content of the book, having an attorney review the matter prior to publication would help ensure that no content is defamatory, and could also evaluate whether any such person has standing to pursue a claim.
In short, having an attorney evaluate the publication content and prepare a written agreement with the subject of the work, prior to publication, would best protect your rights and ability to commercially exploit the work.
Good luck!See question
Basically she stole my profile picture and post it on her facebook wall shaming me on Facebook telling people untruthful things about me. Is this a case?
Her use of your profile photo may constitute copyright infringement, although whether you could assert a claim for copyright infringement would depend in part on who created the photo in the first place.
Publishing false statements about you may constitute defamation, if you can show that you have been injured by the statements.
If she is trying to impersonate you online, she may also be committing "electronic impersonation" in violation of Washington law (RCW 4.24.790).
Having said all that, it is impossible to know whether you have any good legal claims without going over the facts in detail, which should only be done in private, not on a public website.
I have been useing the name of a scandinavian deity who is the originator of my style of alcohol for a specific recipe since 1998, I have lab books from 2000 to preset showing its continued use. I started professionally making alcohol a few years...
Generally speaking, if you have used your trademark in commerce in your local geographical area prior to the other party (a) using their trademark in your local geographical area, or (b) filing an application to federally register their trademark, then your rights would take priority over theirs (but only in your local geographical area where your use pre-dates theirs). However, determining what constitutes "use in commerce" that is sufficient to establish trademark rights is not always crystal clear, even to trademark attorneys.
If you have received a demand letter from this larger entity, I strongly recommend consulting with an experienced trademark attorney to determine your rights and options.
My book is about my association with a famous British author who now lives in NYC. I have 13 letters he wrote me and a 3 part (taped) interview with him in his London writing studio. For two decades we had photos, telephones calls, dinners, etc, t...
Generally speaking, you do not need permission from the subject of a book in order to publish factually accurate content about that person. However, if it turns out any factual assertions you publish are false (which in some cases can include omissions of factual context) and tend to injure the subject, there could be liability for defamation. Moreover, the letters that the subject wrote to you and the recording of the interview are almost certainly protected by copyright, in which case your publication of the letters may constitute infringement. Similarly, you will want to avoid any implication that the book is authorized/licensed/endorsed by the subject if that is not accurate.
If you are concerned about potential liability arising from your publication, I would recommend consulting with an experienced attorney before publishing the book.See question
This aid would help readers along the way.....make them stop and take action on the steps in the book. Is this infringing on authors rights?
This is a very difficult question to answer without specifics (and a public forum like Avvo is not a good place to share specifics). You may be able to aid people's use/enjoyment of another's book without copying any expression protectable by copyright. Even if you do copy some protectable expression, you may be engaging in a "fair use" of that protectable expression. However, the answer to those questions really can't be given in the abstract. Moreover, you will want to make sure you are not using any series title or other trademark in a manner that might imply that you are officially authorized/licensed/etc. by the author or publisher of the other book, which could cause trademark/unfair competition problems.
I've been in a startup with a former colleague. My business partner set up the LLC, but never provided the formation documents or our Operating Agreement (OA) for me to see or sign. Dumb, of course, but we did everything in good faith. I, as co-fo...
There are enough moving parts in this scenario that you likely cannot get any significant guidance without speaking, in private, to your own counsel. I recommend against sharing the details in a public forum like Avvo. Determining whether and which IP rights belong to the LLC (as opposed to you as an individual developer/inventor), and what rights you have in any LLC assets as a departing member, will require review of the written documents, potentially including written email communications.
Hello,I am planning on selling my own custom designed pens.I have seen many new products online,for example on kickstarter,which use the refills from other companies like parker pen company and pilot pen company.I was wondering If I will be able t...
Reselling a third party's product, whether as a component of your own product or otherwise, is not usually a problem as long as you are not doing anything misleading. However, if you represent the refills as your own product, somehow modify the product without disclosing such modification, or use the Parker name in a manner that suggests that you are endorsed or affiliated by that company, you could run into trademark or unfair competition problems. Also, if the seller imposes any contractual resale restrictions on its customers, that could be another potential source of problems.
A television sports program with a unique name and format, it could be categorized as a biographical sports program that profiles professional athletes, musicians and celebrities.
Generally speaking, there is nothing you can do to give yourself exclusive rights to a show idea or concept.
However, what you can do is require potential partners/investors/etc. to sign a non-disclosure/non-use agreement prior to disclosing your concept to them. This will prevent them from exploiting the concept without your authorization, but won't help you against others who independently come up with a similar concept.
You can file a federal trademark application on an "intent-to-use" basis, which will help you protect the name or brand of the show, but would not stop others from producing a similar show under a different name.
If you prepare a treatment, script, images, or other works, they will be automatically protected by copyright, but that only extends to the "expression" contained in such works, not the overall concept. While you don't need to register a copyright to own a copyright, registration will put you in a much better position to enforce your copyright.
Good luck!See question