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Questions Answered by Daniel Michael Luisi
2 Answers | Asked in Copyright and Intellectual Property for New York on
Q: What laws must I know to write a book or movie about a fictional version of a recentish event, mentioning real names?

The event in question took place a couple of decades ago. Some of the main people involved are dead and some are alive. It's a relatively well known/publicized event, though not everyone's involvement is super well known its all easily available in news articles. I want to know about... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 3, 2023

You potentially have to contend with the New York Civil Rights Law §§ 50 and 51, New York’s “Right of Privacy” law, which prohibit the use “for advertising purposes, or for the purposes of trade” of the name, portrait or picture of any living person without obtaining his or her prior... Read more »

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1 Answer | Asked in Intellectual Property on
Q: If I sign an NDA, does that mean I can't use information I already have if the client gives me similar information?

I need to sign an NDA, but I am concerned about knowledge I own that may intersect with the client's.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 30, 2023

In general information that is generally known or knowable from public sources is not protected by an NDA. However, there is not enough information in your question to opine on your particular situation.

1 Answer | Asked in Copyright and Intellectual Property on
Q: I am writing a novel and would like to use quote from a non-fiction book as part of the narrative. What are the limits?

In my novel, the main character is using quotes from the non-fiction book to as aids to illustrate her own experiences, which she relates to the content of the quotes. She states that she's doing so because the book's author has already said things very well and she sees no point in... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 30, 2023

The “fair use” doctrine under Section 107 of the Copyright Act may allow you to do what you want, but this is subject to a detailed review of your case, as fair use is adjudicated on a case-by-case basis with reference to similar court precedents and a multi-factor legal test. It’s impossible... Read more »

1 Answer | Asked in Copyright and Intellectual Property on
Q: Hello JUSTIA Patents, I have a question, about copyrighting, eventually on a source code. What to do?

I have my own source code, for an Deep Learning, GPT-3 based Artificial Intelligence, which is not associated in any ways with OpenAI´s ChatGPT. It was written from the scratch, and its well documented. How can I protect my code?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 29, 2023

Source code is eligible for copyright registration, but infringement of copyright only applies when the wrongfully reproduced work meets the "substantial similarity" criteria under the Copyright Act. This can end up being a strategic decision, because competitors can seek to alter your... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: my x used to venmo me money to pay our bills now she is saying I owe her a lot more, I've been paying for what i used

will this stand up in court? i am paying her back for my bills but she is saying she venmo me 9000 dollars and i only used 3k which i am paying back because she helped me during the pandemic

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 29, 2023

Whether you owe her in a "moral" sense, versus a "legal" sense in that the funds were a provable, enforceable loan obligation, depends on a review of the situation by an experienced New York contract litigation attorney. Feel free to contact an attorney of your choice to... Read more »

1 Answer | Asked in Gov & Administrative Law for New York on
Q: Can you really get in trouble if you don’t answer jury questionnaire in New York State ?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 26, 2023

Yes. Pursuant to New York Judiciary Law Section 527, any person who fails to respond to a jury questionnaire served personally or by U.S Mail, and further fails to comply after being served with a “notice of non compliance” personally or via U.S. Mail, may be subject to a “noncompliance... Read more »

1 Answer | Asked in International Law and Immigration Law for New York on
Q: I am a F1 visa status international student from Japan, and my friend (US citizen) asked me to be his co-founder.

Hi I am a F1 visa status international student from Japan. My friend (he is an US citizen) asked me to be his co-founder for his company. I am scheduled to leave the States this year after graduation. I was wondering if I can be his co-founder and, if so, what are some regulations/processes I have... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 25, 2023

There are complicated immigration rules regarding volunteering, working, and passive investing on your F-1 visa. Your OPT might be useful if the work is related to your degree. Then there is the possibility of if a change of status to L-1, for example. Without assessing the specifics of your case... Read more »

1 Answer | Asked in Civil Litigation for New York on
Q: I sued a home inspector in Madison County, NY and won. He then appealed but his appeal was denied.

What are the steps I need to take to get the judgment as he is not paying voluntarily. Thank you

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 24, 2023

Your options are found under Article 52 of the Civil Practice Law and Rules, which contains most of the judgment enforcement devices in New York. The most common devices are bank levies and wage garnishments. These procedures involve you preparing paperwork called an "execution levy," and... Read more »

2 Answers | Asked in Business Law and Contracts for New York on
Q: Can I demand the full payment for unique items from the customer after they canceled the order?

I had a call with a customer to get him ten unusual trees for $10,000 which normally takes two month. The customer said he would give me extra $3,000 if I could get them for him one month earlier. I ordered five trees at $500 each with $1,000 express shipping. He then cancelled the order. I ordered... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 23, 2023

Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.

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4 Answers | Asked in Contracts and Business Law for New York on
Q: Can the seller sue the customer for cancelling a large order?

Frank had an oral agreement with Sam to sell 200 orange trees ($60 each) and then sent a signed note stating "I confirm your order of 200 orange trees ($60 each). 5 days later, Sam tried to call Frank cancel the order, but only reached Ben, Frank's employee who was just fired. Ben... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 23, 2023

Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.

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2 Answers | Asked in Consumer Law, Business Law and Copyright for New York on
Q: If the customer saw the mistake and remained silent until the process is completed, am I still liable?

A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 23, 2023

Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: In a YouTube video, can my nickname be Captain America or would it be copyrighted

Creating a YouTube channel in tourism for Latin Americans visiting USA. Would like to use the nickname Captain America

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 20, 2023

You will have to research whether the current owner of the Captain America trademark owns the rights in similar service or product classes to your proposed use to promote tourism. Whether you will be sued for infringement will then depend on whether your uses interfere with the rights owner in... Read more »

1 Answer | Asked in Intellectual Property and Copyright for New York on
Q: RE: Comedians Intellectual Property. Assume I produce YouTube videos as tributes to specific comedians and their content

Does the attribution to the original comedian overcome copyright? And, would the answer be different if the videos were free to the public versus being included in a fee based subscription?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 20, 2023

No, attribution is not a defense to copyright infringement. Fair use might be a defense. Section 107 of the U.S. Copyright Act provides for certain cases where permission from the rights holder is not required. Courts assess whether the "fair use" defense applies based on four factors:... Read more »

1 Answer | Asked in Contracts for New York on
Q: Is contract void if money were sent late to avoid litigation? Can litigation be persued?

Contractor sending my money back. I agreed to not sue, if I get back by a date. They are late paying. Can I forward litigating, even after settlement dollars sent late?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 18, 2023

That depends on the provisions of your contract covering waivers of defaults, if any. If you are paid in full under the terms of the stip, even if late, there would be nothing to sue for unless there are some additional penalties outstanding. An attorney would have to review the terms of your... Read more »

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: What can I do if I have created a design, uploaded it online and it has been used uncredited, a copyright violation?

If I have uploaded a design on a file-sharing website under a Creative Commons non-commercial license, and somebody uses it uncredited for a commercial purpose. If the site refuses to take it down, what recourse do I have?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 17, 2023

If your copyright is unregistered, you can only file a lawsuit where you will have to prove damages such as lost profits. The better move is to register your copyright with the USPTO. Then you will have access to statutory damages (only requiring proof of infringement) of anywhere between 750 and... Read more »

1 Answer | Asked in Business Law and Civil Litigation for New York on
Q: How can I get collectors to go after my ex business partner instead of me?

We ran a trucking business. I pit the vehicles in my name and he operated them. I didnt know he acquired 3k+ in tickets and toll in NY/NJ. I've paid some of them but I'm struggling financially, while still paying the insurance debt.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 17, 2023

You can sue him in small claims court for indemnification. This doesn’t release you from your obligation to repay the tickets, but if your suit is successful, you can seek a court order that your partner reimburse you for these charges. Of course this depends on your ability to bring proof of the... Read more »

1 Answer | Asked in Copyright for New York on
Q: TRO expired on January 12th. The Court required me to explain irreparable harm if I have a motion for a PIO.

1. All documents were still Under Seal on January 3rd. Then The Court required me to disclose. I disclosed all documents on January 6th, 2023. ( See the attached file.)

2. The defendant made defamation statements against me when he has not seen any document on January 3rd, 2023. This is... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 16, 2023

Any attorney would need more information to figure out what is going on and advise you how to proceed.

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Is tracing parts of an illustration violate copyright?

I am developing a NFT collection based on animated sitcons. I know that tracing over the character image to create a new art work is illegal. But what about assets present in the character picture? Things like hats/hairs/clothes and other assets. Can I trace over this assets present in the original... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 16, 2023

Your question concerns whether the proposed use of the copyrighted material is covered by the "fair use" defense to copyright infringement. Fair Use under Section 107 of the U.S. Copyright Act provides for certain cases where permission from the rights holder is not required. Courts... Read more »

Q: This pertains to IP infringement law. Please see "more information" below for the details. Thanks a lot for the service

Hello,

I am a US citizen and used to work for a company in NH. I spent over a decade there and then decided to move on to start my own company. FYI, I have never had any non competes or any NDAs with the company.

The issue at hand is about an electronics idea that they consider a... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 16, 2023

This depends, as usual, upon a review of the detailed facts regarding the alleged "trade secret" in your case. In general, a trade secret has three parts: (1) information (2) economic value from not being generally known by others, and (3) reasonable efforts have been taken to protect the... Read more »

1 Answer | Asked in Copyright and Trademark on
Q: Mastercard claimed copyright infringement against ooki.com because of the 2 interlocking circles.

While theirs is 2D, other colors, transparent, has no shadows and is horizontal, Ookis' quite different. Can they really do that?

They already lost this once against cinkciarz.pl. The Polish company claimed that Mastercard should never have been allowed to register them since they were... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 16, 2023

You might be able to defeat their claim. However, unless you know how to effectively draft an opposition legal letter and have a deep knowledge of U.S. Copyright law and case precedents, it's going to be very difficult for you to convey the strength of your position. The case you cite was... Read more »

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