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Is it true that the prosecution rate for committing perjury is low? : I received a declaration from the opposing party's lawyer. Although signed under penalty of perjury, statements were found to contain false information. But I was told that the prosecution rate for perjury is quite low. That said, a presumption can be made by the opposing party that they can take the risk and "get away with it." True or not?

Asked 2 days ago in Intellectual Property

Andrew’s answer: Don't focus on whether a prosecution will occur; focus on disproving what they say. That will help you win your case, and if you make it obvious enough, then the judge may refer it to the District Attorney, or, in this case, the State Bar. If you can't disprove the other side's testimony, you are not going to win, and that it the most important thing to keep in mind.

Answered 1 day ago.


Could somebody steal my creation if I don't copyright/trademark it?: I have a podcast called Sonic Realms. It's tag line is,"Roleplay Made Real". It's basically a high-production radio drama. If I don't copyright or trademark "Sonic Realms" and "Roleplay Made Real", could someone trademark/copyright that before I do and basically usurp my creative property?

Asked 8 days ago in Intellectual Property

Andrew’s answer: First, you would have a trademark, as copyright only covers larger expressions.
Second, assuming no one else is using those tag lines first, you automatically have some trademark rights in those taglines. Registration is a good idea, although it is a little pricey.

Answered 8 days ago.


Can the author remove a song from a copyrighted collection if the song becomes damaging in a personal relationship?: I copyrighted a collection of songs and I want to remove a song that has become damaging in a personal relationship. I contacted the copyright office and was told I would need a court order to remove the song since my reasons for wanting to remove the song were not related to fees or copyright infringement. I want to know if there is any other possible remedy for removing the song from the copyrighted collection of songs.

Asked 9 days ago in Intellectual Property

Andrew’s answer: I think we need more information as to why you want to "remove" the song from the copyrighted collection. If you want it removed because you are not the author of the song, that is one thing that might be addressed with the copyright office. If you want it removed because it bring you or someone else bad memories, unfortunately, copyright has nothing to do with that. It you wrote it, and don't want to play it or think about it, then don't. Lawyers cannot help with erasing bad memories.

Answered 9 days ago.