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Questions Answered by Mr. Michael O. Stevens
2 Answers | Asked in Copyright for Oregon on
Q: Is a piece of folk art, created in 1831, owned by a museum, in the public domain for the purposes of creating a likenes

The museum acquired the piece in 1941 and declares that the website image is in the public domain with no restriction on use. The item is a cross stitch sampler. I want to create and copyright a pattern for others to use to recreate the sampler. I intend to profit from my use of the likeness of the... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 18, 2021

Most likely it is in the public domain by now, but creation date is not the key for copyright, but the date of publication.

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2 Answers | Asked in Personal Injury and Wrongful Death for Oregon on
Q: If I stayed at a persons rental a month after they had covid and then I got sick with covid is the owner liable
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 11, 2021

You seem to imply you believe you got COVID from them. That would be extremely unlikely when you look at the science. Even the CDC has said in the last few months all the cleaning we did wasn't needed, as the odds of transmission that way are extremely remote. That is, by the time you stayed... Read more »

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3 Answers | Asked in Copyright, Business Formation and Insurance Defense for Oregon on
Q: Can I use a like image of PennyWise on my Tattoo Shops logo?

My company's name is INK Therapy, or "IT"

AND the slogan is,"Sit down and deal with IT"

I'm trying to find out if I can use PennyWise's image???

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 10, 2021

Basically no, as you would presumably infringe on someone's copyright and also likely a trademark.

I try to make it simple: If you are trying to make money off of someone else's work, there is likely a problem.

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1 Answer | Asked in Car Accidents and Personal Injury for Oregon on
Q: So my disabled mother and i where in a car accident on the 10th of aug this year and it was clearly the guys fault

is saying its my fault and now his insurance is giving me the run around and im not sure if i should lawyer up or not my mother keeps saying she doesnt want a lawyer but i think thats more about having to pay but i feel like i really need a lawyer at this point!!! what would be the best course of... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Sep 27, 2021

Most attorneys take on cases such as yours as contingency, so you usually do not pay anything unless the attorney gets you something. However, an attorney would need to review your case to know if you have a strong enough case to take it, as here you indicate there is a dispute as to liability. Use... Read more »

1 Answer | Asked in Employment Law, Civil Rights and Medical Malpractice for Oregon on
Q: Is there anything happening in Oregon blocking vaccine mandates by employers and or schools in Oregon?

If not, have other states had success in blocking vaccination mandates?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Aug 20, 2021

I have not heard of anything in Oregon, and attempts in other states, as usual and expected by the legal community, have been unsuccessful.

1 Answer | Asked in Employment Law for Oregon on
Q: See below

I have a question - I put in a proper 2-week notice on May 17th with May 31st being my last day of the 2 week notice.  I understand I forfeited all but 16 hours of my vacation according to HR and company’s policy around 2 week notices.  The 31st is a holiday and our HR Generalist moved my Exit... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 27, 2021

Holiday pay is not a legally controlled item, it is only a company policy, so you would have to look at your company's policies. That said, while you may not have control over holidays, you did have control as to when to put in your notice, and Memorial Day has been scheduled on that date for... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: Are online notarys accepted in oregon? Will the states employment dept accept it if so or do you know?

I know its a odd question. I just don't know the laws on online notarization.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 5, 2021

Yes, Oregon has online notaries now: https://sos.oregon.gov/business/Pages/remote-online-notarization.aspx

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Oregon on
Q: I need assistance with employee laws
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 5, 2021

Then ask a question here, or contact an employment law attorney in your area. There is a find a lawyer link above so you can search for an attorney.

1 Answer | Asked in Copyright and Trademark for Oregon on
Q: It looks like "the sorting hat" is TMed for toys and the like, but that I could use it in a coffee shop name, correct?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Apr 21, 2021

Just because there is no federal US trademark on it does not mean it would be fair game. An analysis would be much deeper. Besides, there are three live marks for "the sorting hat" and one is for a bunch of printed material. If you look at that, let's say you could open a coffee... Read more »

1 Answer | Asked in Copyright for Oregon on
Q: Is it legal to purchase baseballs, cut them up with parts of the logo showing, and then use to make jewelry?

More specifically, if I use a Rawlings baseball and make earrings with the logo on the earrings, is that copyright infringement?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Apr 14, 2021

Copyright would likely not be the issue as the Rawlings and/or MLB logos are likely not copyrighted (nor likely copyrightable), but you could have a trademark issue. The issue would be similar to an extent of the recent Lil Nas X Satan shoes issue that Nike sued over.

3 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: Can I sue the other driver of a car that hit mine?

My car was hit on the rear passenger side. The crash report says my car was only going 5mph when hit. According to the police report the car following behind the other car stated the lady ran a red light. The insurance company of the other driver said we were at fault because one witness said our... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Apr 1, 2021

I would strongly suggest finding an attorney to handle this. Almost all of the ones who handle car crashes take cases on a contingency, meaning you don't pay them unless they recover for you. Almost all also offer a free consultation, so they can ask you questions to see if you have a good case.

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1 Answer | Asked in Employment Law for Oregon on
Q: Does my employer have the right to terminate me for not taking vaccine in the state of Oregon?

I was asked today if I'd be taking the covid vaccine when its available April 15th. I told him I wouldn't. He said if I dont get it,I need to look for another job. Its my understanding that Oregon allows,not only religious accommodation,but philosophical reasons as well. Im aware I can... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 29, 2021

Except under certain circumstances (that you do not mention) yes, they can require that you take the vaccine.

1 Answer | Asked in Copyright for Oregon on
Q: Copyrighted photograph, recreated and manipulated for my album cover. Do I need to purchase rights to use original pic?

My artist essentially re-created a photograph that is licensed (in the UK) using Pastel paint, and then a graphic designer manipulated the painting a little further to create my album cover. Should I seek out and purchase the rights to use the original photograph?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 26, 2021

This sounds like a derivative work, so if that is the case, you would most likely need to get a license.

2 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: I got side swiped by a car while riding my bike. Hit and run. Can I sue if we find the person? And for how much?

His mirror broke off on my hip and threw me off my bike. He or she didnt stop. I went to the hospital but nothing was broken. Just severely bruised.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 1, 2021

First, make sure to file a claim with your PIP, assuming you have auto insurance yourself (or someone in your household does). That will pay for the hospital trip, plus any future care such as physical therapy if you need it.

Then, assuming you have auto coverage yourself, you should also...
Read more »

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3 Answers | Asked in Personal Injury and Insurance Bad Faith for Oregon on
Q: Can an insurer require you to be evaluated by their doctor when treatment is partway done?

Last summer I was rear ended while stopped by a big truck with a solid steel bumper while I was in my 2003 Hyundai. Over the next few months I developed back pain and stiffness, along with sciatica. I started seeing a chiropractor after filing a claim with my insurer (who told me this was... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 28, 2021

Yes, they can require this. If you review your policy I can guarantee you there is a clause that says you have to cooperate with your carrier, and that you must submit to what we call an IME. If they make you start going to a lot of them, then you might consider talking to an attorney to see at... Read more »

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3 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: Driver 1 speeding no license or insurance and driver 2 pulls out in front of him who is at fault?

Driver 2 thought he had enough time to get out to the center lane (what he told the officer) but driver 1 (motorcycle) let go of the motorcycle realizing he was not going to have enough time to stop and the bike hit the driver 2 dodge ram truck and caused damage and driver 1 was injured from road... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 17, 2021

Whether a driver has insurance or a license doesn't matter as to fault. If you can prove he was speeding you would likely get some comparative fault on the motorcyclist.

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1 Answer | Asked in Copyright for Oregon on
Q: Is YouTube Audio License music free to use everywhere - or just YouTube?

I have a question about copyright law. Youtube Audio Library has multiple songs under their "YouTube Audio Library License" . The license details read,

"You’re free to use this audio track in any of your videos, including videos that you monetize. No attribution is... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Nov 19, 2020

One would need to review the entire contract to be able to provide a proper opinion. Odds are, the music is likely only for use on YouTube.

1 Answer | Asked in Employment Law for Oregon on
Q: If you are offered a lesser position with lower pay & don't take it & are fired can you still get unemployment?

My boyfriend works for a cannabis farm & received a notice that they had lost faith in his ability to do his job after taking sick time for illness/COVID testing. They are offering a lesser position with a $11000 a year pay cut or he can leave/be fired.

If he chooses not to take the... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 31, 2020

Potentially. The pay cut might be enough to provide good cause for quitting. See this for more details: https://www.osbar.org/public/legalinfo/1099_UnemploymentComp.htm

But it is always risky to quit.

1 Answer | Asked in Employment Law for Oregon on
Q: Gave notice of tort to the state of Oregon And now I want to move forward to a civil lawsuit -

Employment discrimination

Next steps - I’m going to file myself

What is the max amount of damages can you recover

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 23, 2020

File a lawsuit prior to the statute of limitations running, which is shorter due to the the tort claim aspect. If you did not go through the BOLI or EEOC process, you might consider that, and you might consider talking with an attorney as well about your case.

1 Answer | Asked in Employment Law and Employment Discrimination for Oregon on
Q: How do i go about on seeing if i have a good case or not?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 16, 2020

Use the find a lawyer link above to search for an attorney in your area, then contact them. Many do a free initial consultation to see if you have a case.

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