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Questions Answered by Will Blackton
1 Answer | Asked in Business Law, Intellectual Property, Trademark, Business Formation and Copyright for Montana on
Q: What are some ways I can check on the legal rights I have to a potential name for a developing small business?

I am interested in starting a freelance writing business. I recently learned that before I can proceed with the name I will need to confirm that the name is not at all infringing on any copyright laws. I am pretty new to this stuff and I'd really appreciate some advice for how to go about... View More

Will Blackton
Will Blackton
answered on Dec 8, 2017

Short phrases and names are generally not protected by copyright law. What you're probably thinking of is trademark infringement - the key question being, will your name confuse consumers, that is, might consumers believe that your company is affiliated with or endorsed by E. B. White, Harper... View More

1 Answer | Asked in Copyright for Colorado on
Q: I want to upload my original paid for copy of a digital book to my website and allow others to only view it.Is this ok?
Will Blackton
Will Blackton
answered on Dec 8, 2017

If you're the author of the book and have retained all intellectual property interests in the writing, that's okay. If someone else is the author and you don't have a license to reproduce and display the book for that purpose, that's not okay.

1 Answer | Asked in Copyright and Trademark on
Q: A company is trademarking a logo design that I designed for them, but they have not yet paid for it. What can be done?
Will Blackton
Will Blackton
answered on Nov 27, 2017

What does your written design agreement say? What about other written communications between you and the client?

You won't be able to get an accurate answer without more information. Consult with an attorney in your state.

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: If Court Clerk entered Default should Defendant not respond ?

Since I filed Default and it was entered by court clerk first should the defendant not file any other response ?

Will Blackton
Will Blackton
answered on Nov 27, 2017

You say you "filed Default" so I assume you are the plaintiff in this case. If, instead, a default judgment has been entered against you, you should contact a lawyer in the state the judgment was entered immediately to determine your options.

Generally, obtaining a default...
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1 Answer | Asked in Copyright and Intellectual Property on
Q: I have an idea for an app but no app developing skills. need to hire someone how should i keep them from stealing
Will Blackton
Will Blackton
answered on Nov 20, 2017

The contract between you and the person who creates your app, defines who owns the underlying intellectual property. Absent a contract, if you’ve only supplied an idea, the person who did the actual coding has the best claim to the copyright for that work. A court may, however, determine that the... View More

1 Answer | Asked in Copyright, Criminal Law and Intellectual Property on
Q: i have an app idea but no skills to develop. how do i safely hire someone to do it for me and prevent theft
Will Blackton
Will Blackton
answered on Nov 20, 2017

Answer: The contract between you and the person who creates your app, defines who owns the underlying intellectual property. Absent a contract, if you’ve only supplied an idea, the person who did the actual coding has the best claim to the copyright for that work. A court may, however,... View More

2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Ohio on
Q: I created a class and would like to get it protected but dont know what I need.

Do I need a patent, trademark, or copyright?

Will Blackton
Will Blackton
answered on Oct 25, 2017

What type of class? How is the class material presented?

It's likely that copyright is the appropriate type of protection, but it's unclear without more information.

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1 Answer | Asked in Copyright for Florida on
Q: Can I create a website that features playlists with artists' music and make money off advertisements?
Will Blackton
Will Blackton
answered on Sep 27, 2017

If you mean creating playlists which include the associated music files, you cannot legally do what you asked about.

If you mean merely posting the names of songs and artists in an orchestrated order as a text file on a website, there wouldn't be an issue under copyright law in this...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for North Carolina on
Q: I need the 1984 N.C.FAIR SENTENCING ACT n.c. GEN. STAT. & 15A-1340.4(1983) N.C. GEN. STAT.& 14-1.1(1981)

I need to print this out but can't find it

Will Blackton
Will Blackton
answered on Sep 25, 2017

For N.C. Gen Stat. 15A-1340.4 (1983):

Go to the NC Gen. Statutes on the State's General Assembly website: http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl

Find the modern 15A-1340.4, which has been repealed:...
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2 Answers | Asked in Real Estate Law, Construction Law and Landlord - Tenant for North Carolina on
Q: What kind of lawyer do I need?

Husband owns the property solely. He gave my stepdaughter permission to put a camper in backyard to live in. Her mother is on title to camper. Stepdaughter and mother were given verbal notice to move camper in 30 days, didn't do it. Stepdaughter now in jail. Can we do something to keep mother... View More

Will Blackton
Will Blackton
answered on Sep 25, 2017

You can't effectively evict someone verbally in North Carolina.

You should contact a lawyer who specializes in landlord-tenant and eviction issues.

Search through the find a lawyer directory on this website or contact the NC Bar Association Lawyer Referral Service:...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: If real estate is owned by several heirs but only one has assumed tax payments, can the property be deeded to him/her?
Will Blackton
Will Blackton
answered on Sep 25, 2017

It can be deeded with the written consent of the other interest owners. A stranger can pay your property taxes. Paying property tax is totally separate and apart from the ownership rights associated with real property. That is, paying the taxes gives you no greater interest in the real property.

1 Answer | Asked in Copyright and Intellectual Property for Minnesota on
Q: Laws that protect intellectual material.

I am a Realtor out of MN and owner of twincitiessold.com, my real estate blog and advice website. The website 'Help a Reporter Out' (HARO) allows journalists to ask questions to experts about a variety of topics. One of the only reasons people answer these inquiries is to get PR exposure... View More

Will Blackton
Will Blackton
answered on Sep 25, 2017

Generally, websites contain their own terms of service, determining the rights you grant to the website when you post content. HARO is no different, according to their terms of service (https://www.helpareporter.com/terms-of-service/?nav_location=footer):

5.4. You hereby grant HARO a...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: How do I get my fake ID charge expunged from my record?

Received a citation. I have court soon and need help. I can't afford legal aid because I'm a poor college student. I don't know what to plead or how to plead. Never been in legal trouble before this offense.

Will Blackton
Will Blackton
answered on Sep 13, 2017

Your school may provide legal assistance to students. I notice that you're in Winston Salem; check if Wake Forest School of Law has a pro bono program or legal clinic that can help you, where you can receive assistance from a law student under the supervision of a licensed attorney. For... View More

1 Answer | Asked in Copyright on
Q: Is it legal if I make users of my application pay annual sign up fees if the content they upload is copyrighted?

I am starting an application on android and Ios for reading in 4 different languages. Users will upload content (books, audio, videos, etc.). The content may be copyrighted. I will have no idea about this content as there will be thousands of users uploading everyday and I will only act if I... View More

Will Blackton
Will Blackton
answered on Sep 13, 2017

Without commenting on the legality of the conduct you've proposed, you should designate a DMCA takedown agent for your app with the U.S. Copyright Office. The registration is available online here: https://dmca.copyright.gov/osp/p1.html;jsessionid=BAFE67FE7AB3DAE7C2C8878B0B84397B

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Who is responsible for paying the attorney fees, and surveying
Will Blackton
Will Blackton
answered on Sep 6, 2017

Whomever the parties agree is responsible.

Generally, each party pays for their own attorney fees, however almost everything is up for negotiation. It's more important that each party agree who is responsible for these fees and adjust their offers accordingly than who is actually...
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3 Answers | Asked in Copyright for California on
Q: If you were to commission (pay) an artist to draw an imaginary character you made, who would hold the rights to it?

My extended question is since you paid the artist to draw your imaginary character you made, would it then be legal to remove the artists' logo if they added it? Also would it make a difference if you paid them to draw a character they made up rather than the one you made up? Thanks!

Will Blackton
Will Blackton
answered on Sep 6, 2017

**If you were to commission (pay) an artist to draw an imaginary character you made, who would hold the rights to it?

I assume the artist is not your employee in responding to this question. Absent an express written "work for hire" agreement, the artist would retain their...
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1 Answer | Asked in Employment Law for North Carolina on
Q: Can they really fire me for this?

I'm 16 years old and have worked for McDonalds for the past 6 months. A couple nights ago it was a busy night and I took a fake 50 unknowingly. The supervisor has decided to fire me for this saying that I should have gotten a manager to take the 50 and used a counterfeit pen but the supervisor... View More

Will Blackton
Will Blackton
answered on Sep 4, 2017

North Carolina is an at-will employment state, which means that employers have significant discretion to fire employees. Unless your termination violates a specific law or goes against the terms of your contract, your employer can fire you for any reason at all – including reasons that seem... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Does a recreation easement on a former commons property prevent building a house?

The plat filed in 1970 shows the commons. Developer folded and sold the commons in 1984 with no restrictions on deed. We are buying that land. Seller is providing quit claim deed because of recreation easement concerns by title insurance company.

Will Blackton
Will Blackton
answered on Sep 4, 2017

This question is too specific for someone who is not your attorney to answer, without raising a host of ethical and liability concerns.

You're making a massive investment in buying property. Hire a professional to review the situation before purchasing this property.

Q: Are there any stipulations on naming a real estate company in NC? (Planning on flipping and/or renting properties out)
Will Blackton
Will Blackton
answered on Sep 4, 2017

I assume you're asking about LLC naming conventions, because that is the most common type of corporate entity formed to hold real estate for investment purposes. Many real estate investors form LLCs for each property and name the LLC after the street address of the property. For example:... View More

1 Answer | Asked in Business Formation on
Q: Hello, I am want to register a Company in USA and need help to understand the process and the costs associated with it.

I am based out of India but want to register a Company in US.

Will Blackton
Will Blackton
answered on Aug 30, 2017

The process and costs associated with registering a company in the U.S. depends on what you want to accomplish, where you incorporate, and what corporate form is best to achieve what you're trying to accomplish. An attorney's assistance in forming a single-member LLC may be as low $300.... View More

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