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Questions Answered by Will Blackton
1 Answer | Asked in Land Use & Zoning and Real Estate Law for North Carolina on
Q: I own some land and I have a promising buyer. Can I have money fronted from that buyer now and reduce the total price?

I own some land. I know someone that has promised to buy it. Is there any type of document that could be drawn up that allows me an advance of the price the buyer has promised before time of sale so that at time of sale the amount would be less en bloc. E.g. promised 30,000. I ask to have 5,000... View More

Will Blackton
Will Blackton
answered on Feb 5, 2018

Probably. Have you already entered into a written sales contract? You state that the potential buyer "promised to buy it." In North Carolina, all contracts or agreements to sell or convey land must be in writing to be enforceable.

There are a few ways to accomplish your goal...
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1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: How can we get our down payment back on an owner finance purchase. We decided to back out after the inspection/appraisa

We were scheduled to close on the home on Jan. 26th but was advised my a realtor friend to get an inspection and appraisal before we sign the contract.

Will Blackton
Will Blackton
answered on Feb 5, 2018

What does the sales contract say?

By down payment, do you mean due diligence fee or earnest money or both?

Is the money being held in escrow or by the owner?

Contact a NC attorney with the answers to these questions ready to find out the answer to your question.

1 Answer | Asked in Copyright and Trademark for Texas on
Q: How do I find out if my logo and brand name aren't already registered?
Will Blackton
Will Blackton
answered on Feb 5, 2018

You could engage an attorney specializing in trademark law or an online trademark search firm to conduct a trademark search. A thorough search is the first step to a successful trademark application.

1 Answer | Asked in Copyright and Trademark on
Q: Do I need trademark license if I am doing ecomerce, selling T-shirts online and would like to use a movie/serials name.
Will Blackton
Will Blackton
answered on Feb 5, 2018

If you want to avoid being sued, you should secure the rights and permissions of creators or rights-holders to sell their images on t-shirts.

1 Answer | Asked in Copyright and Intellectual Property on
Q: How do i copyright a name
Will Blackton
Will Blackton
answered on Feb 5, 2018

Names and short phrases cannot be copyrighted under U.S. law. Trademark law, however, may afford protection for a name. Contact an attorney specializing in trademark law to learn more about whether the name you have in mind could be trademarked.

1 Answer | Asked in Copyright for Florida on
Q: I have a question about Peter Rabbit images and public domain. Here is the message from penguin books.

I did research Peter Rabbit and it does appear that they entered the public domain in 2014. I find their response a little ambiguous. " New Iterations" "adaptations", also "protect several trademarks". There's not an answer if and what images are free to use. I... View More

Will Blackton
Will Blackton
answered on Feb 5, 2018

If an original work enters the public domain, this does not cover derivative or subsequent works based on that original work. So, Leonardo Da Vinci's Mona Lisa is in the public domain. But that does not mean that a photograph taken of the Mona Lisa is necessarily in the public domain, the... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: I got a felony 8 years ago for possession, no conviction since. Can I sue to restore gun rights?

Thank you so much for taking time to answer my question.

Is there any way to go ahead and do get my rights back with a lawsuit, or do I have to wait to get my felony expunged, which is 10 years in NC; the petition is 20 years from conviction.

I could pay for a lawyer, just not over... View More

Will Blackton
Will Blackton
answered on Jan 23, 2018

You may apply for an unconditional pardon from the Governor, which is granted at the Governor's discretion. An unconditional pardon is granted primarily to restore an individual's right to own or possess a firearm. Applications for pardons are handled by Pat Hansen at the... View More

1 Answer | Asked in Copyright on
Q: How do i get a copyright for any salad dressing.... mixed with Tabasco.. can it be free?
Will Blackton
Will Blackton
answered on Jan 23, 2018

Copyright law does not protect ideas, but instead, the expression - a description, explanation, or illustration, for example, that accompanies those ideas. So, copyright law does not protect recipes that are a mere listings of ingredients. If your recipe has secret ingredients that you do not... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: How do I find court records for a case in North Carolina?
Will Blackton
Will Blackton
answered on Jan 10, 2018

Do you have a case number? You can call the clerk of court in the county where the case was heard and request the records. There may be a cost to have the records mailed to you or the clerk may fax records for free within a few days of the request.

You can also go to the county court...
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1 Answer | Asked in Contracts and Business Law on
Q: Signing an NDA a while after the meeting

I have had a meeting with an investor about my buisness in which I did not ask him to sign an NDA about 2 months ago. He was interested in investing and delayed it for over a month untill popping out of the blue that he is not interested anymore in investing for a certain reason (which there is no... View More

Will Blackton
Will Blackton
answered on Jan 4, 2018

This depends on state law and a number of other factors. Without knowing what state you're in nor the circumstances of your situation, an attorney is not going to be able to offer you legal advice.

For example, in North Carolina and in most states, if an agreement lacks consideration,...
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1 Answer | Asked in Copyright for Washington on
Q: Copyright -- reproduction and sale of foreign works

Is there any particular law against reproducing and selling, say, the book cover of a book that is from another country? If so, where can I read more about it?

Will Blackton
Will Blackton
answered on Jan 2, 2018

The U.S. Copyright Office has published on this topic, search for "Copyright Office Circular 38A" on your search engine of choice or at the copyright.gov.

1 Answer | Asked in Business Law for North Carolina on
Q: How would we document the "location of the meeting" if all board members participate by conference call?

What would be the "location of meeting" for a board meeting minutes if all board members held the meeting via teleconference from their home?

Will Blackton
Will Blackton
answered on Jan 2, 2018

It sounds like you're acting as a Secretary of a N.C. corporation and attempting to comply with Section 55-16-01 of the North Carolina General Statutes in keeping the minutes of all meetings of the board members.

I am unaware of a specific requirement under North Carolina to include...
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2 Answers | Asked in Contracts for North Carolina on
Q: How do you take someone to court for failure to make payments on money owed based on a written agreement?

An notarized agreement was made between an individual owning a restaurant and two other individuals loaning that person money. The person who received the money has failed to make payments as listed in the agreement and is now past due. This individual now owes the couple more than what small... View More

Will Blackton
Will Blackton
answered on Dec 27, 2017

Contact an attorney who specializes in collection actions, preferably in the county where the debtor resides/their business is operated. You're in excess of the amount in controversy for a small claims action - it makes sense to at least reach out to an attorney to see if it's... View More

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1 Answer | Asked in Copyright and Intellectual Property on
Q: May a list of applications(and their topics) I created to be considered copyrighted?

I own a few hundred similar apps in different topics. Each topic is a result of a lot of research(keywords, popularity, etc). Someone just copied all my "topics" one by one and uploaded similar apps(same topic, same functionality) to the store. The list of my apps is available in my... View More

Will Blackton
Will Blackton
answered on Dec 27, 2017

One of the most cited copyright cases is Feist Publications, Inc. v. Rural Telephone Service Co, 499 U.S. 340 (1991), which established that some minimum creative contribution is required for mere information to be protected by copyright. That is, facts cannot be copyrighted, there must be... View More

1 Answer | Asked in Copyright and Intellectual Property on
Q: How can I preserve my infographic designs with copyrights ?
Will Blackton
Will Blackton
answered on Dec 14, 2017

Copyright protection automatically applies once a work is fixed in a tangible medium. If you're seeking the additional benefits of federal registration, file for protection with the U.S. Copyright Office or contact an attorney with experience filing copyright applications to assist you, who... View More

1 Answer | Asked in Copyright on
Q: If I buy art from an artist and I put it into my video game, and it turns out he didn't own the copyright, what happens?

There are tons of ppl on the Internet selling their arts, or even giving it for free. What happens if I buy it, put it into my game, publish and sell my game, then later realize they actually stole it from another artist and now I'm getting sued? How would the court solve this?

Will Blackton
Will Blackton
answered on Dec 14, 2017

A court would look at the written agreement between you and your artist. Many contracts, including the transfer or license of intellectual property assets, include indemnification clauses. Generally, "indemnification" requires one party to pay for the other's legal expenses and... View More

1 Answer | Asked in Copyright for Arizona on
Q: Do artists have any copyright to product that was created working at an hourly rate for said employer?

My artwork done for a non-profit company will be used in a school curriculum. This is beyond the original use intended for this artwork.

Will Blackton
Will Blackton
answered on Dec 14, 2017

Were you an employee? If not, what does your written agreement with the company state?

Any copyrightable work created by an employee acting within the scope of his or her employment is a “work made for hire.” The parties do not need to address works made for hire in their employment...
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1 Answer | Asked in Copyright for Virginia on
Q: should I worry about a lawsuit about downloading a movie from popcorn website want me to settle for $4300

Got papers saying from comcast first saying i can sign forms to stop release of my info. I didnt because thought was junk mail. The yesterday got papers saying have a lawsuit and want me to settle for 4300$.

Will Blackton
Will Blackton
answered on Dec 14, 2017

If you were served with a lawsuit you must respond within a certain period of time or you lose by default. If you received anything that is captioned as a "Summons" or "Complaint" and is accompanied with the name of a specific court, contact a lawyer in your state as soon as... View More

2 Answers | Asked in Copyright for Florida on
Q: Ibought a storage unit on auction with boxes of NEW books, can I sale them with out getting in trouble with the writer?

I don't know anything about the copyright although I read on Google that if you buy legally you can sale it legally well if they are no copies , so if you can give me any information about this I'll really appreciate it, thank you.

Alonso.

Will Blackton
Will Blackton
answered on Dec 15, 2017

An individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display that particular copy, notwithstanding the interests of the copyright owner. This is known as the "first sale doctrine" or "first sale rule" in U.S.... View More

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1 Answer | Asked in International Law, Business Law and Contracts for North Carolina on
Q: I have designed a shoe I'd like to have manufactured mass production Italy. Which contraction is most appropriate ?

I have heard 'Product Development Agreement' 'Manufacturing Contract' 'Supply Contract'. Which is most neccesary and should I have an Italian speaking lawyer draft it in italian ?

Will Blackton
Will Blackton
answered on Dec 8, 2017

The title of a contract is not as important as what's in it. What's in the contract will depend on your desires and requirements and the manufacturer's desires and requirements. If North Carolina law will control the document, English seems like a sensible choice; if Italian law,... View More

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