Questions Answered by Will Blackton

Q: Company is reselling my software I created can I do anything about it?

1 Answer | Asked in Contracts, Copyright, Intellectual Property and Employment Law on
Answered on Sep 28, 2018
Will Blackton's answer
You need to speak with an attorney licensed in your state who deals with intellectual property issues for more insight into your specific situation, but I can describe the legal principles in play here generally:

Absent a written agreement addressing work for hire, you cannot stop your employer from using work produced within the scope of your employment, nor are you entitled to any additional payment.

Many employees write blog posts, take pictures, write instructions or...

Q: Can I register my new business name as an LLC if it's different from an incorporated company's name by only one letter?

1 Answer | Asked in Business Formation, Trademark and Intellectual Property for North Carolina on
Answered on Sep 28, 2018
Will Blackton's answer
Your question can be answered a few ways:

Will the North Carolina Secretary of State accept your LLC's articles of organization if the name differs by only one letter from another entity also registered in North Carolina? Yes, the NC Secretary of State will permit registration so long as the /exact/ legal name is not already taken by another entity registered to do business in NC, which includes consideration of capitalization, spacing, and punctuation.

Will the trademark...

Q: Should a POA be recorded in the NC county in which it was notarized or the county where I am presently residing in NC?

1 Answer | Asked in Estate Planning for North Carolina on
Answered on Sep 26, 2018
Will Blackton's answer
This may depend on how the PoA will be used. If, for example, the PoA is granted to allow one spouse to purchase a residential home in Wake County in the names of both spouses, it would make sense to record the PoA in Wake County.

Who is supposed to honor this PoA? Many businesses/professionals will refuse to honor old PoAs, considering them to have gone "stale."

If you're using the PoA to accomplish a specific task, ask the person who will be honoring the PoA where they...

Q: Trademark / copyright question - little help needed.

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Answered on Apr 3, 2018
Will Blackton's answer
Attorneys on the Justia Ask a Lawyer board are generally restricted to providing general information about the law. Attorneys cannot provide specific legal advice without raising a host of potential ethical and malpractice issues, which is why you're unlikely to receive the answer you want.

The most helpful response you're likely to receive here is, "you need to formally engage an attorney." It would make sense to look at which state's law governs that contract you're contemplating,...

Q: What can I do about my landlord placing the house that I'm currently living in online for rent without my knowledge

1 Answer | Asked in Landlord - Tenant for North Carolina on
Answered on Mar 6, 2018
Will Blackton's answer
That is going to depend on what your lease agreement says about this situation.

Q: Home builder wants to give us 100k to pay off our current home to be able to purchase his new home.

1 Answer | Asked in Real Estate Law for North Carolina on
Answered on Mar 6, 2018
Will Blackton's answer
It's possible that this is not a scam; ensure you have your own attorney review all of the documents associated with the transaction.

Q: What if a person filed an Limited liability company with the name of the business will they still need to file for DBA?

1 Answer | Asked in Business Formation for North Carolina on
Answered on Mar 6, 2018
Will Blackton's answer
A business should file a certificate of assumed name or d/b/a if the business is using a name /other/ than the name it has registered with the N.C. Secretary of State in organizing its LLC.

Q: How do I start a Sole Proprietary Business in NC selling hand made goods?

1 Answer | Asked in Business Formation for North Carolina on
Answered on Mar 6, 2018
Will Blackton's answer
A sole proprietorship is a business owned by one person, which has little legal significance separate from its owner and usually requires no governmental filing except a fictitious-business-name statement, which discloses the name under which the business will be conducted and the owner's name and address. In North Carolina, this is known as a "certificate of assumed name" and must be filed with the register of deeds in the county or counties where the business operates.

Although the...

Q: Is it legal for people to sell car manuals (from the car mfg.) on ebay, no one ever answers this question

1 Answer | Asked in Copyright for California on
Answered on Mar 1, 2018
Will Blackton's answer
You haven't provided very many details regarding your situation: are you reproducing these car manuals? Are you interested in reselling physical copies you purchased from the car manufacturer?

Research the "first sale doctrine" which may provide some insight into your question.

Q: What is the usual fee or percentage given to the person who's intellectual property I'll be teaching?

1 Answer | Asked in Contracts, Copyright and Intellectual Property for Massachusetts on
Answered on Mar 1, 2018
Will Blackton's answer
It depends!

What are you coaching?

From what language are you translating and to which language? That's an atypical piece of the puzzle.

What type of IP are you using?

How will you be reselling the IP?

The answers to those questions and more will determine what's an appropriate payment. You'll have to contact an attorney directly to describe the specifics of your situation to get a better answer.

Q: Can I copyright screenplay of my conceived story?

1 Answer | Asked in Copyright and Intellectual Property for California on
Answered on Feb 26, 2018
Will Blackton's answer
Who owns the screenplay? It depends.

Is the student an employee or independent contractor?

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 agreement, negotiations, or any other written agreement. If it’s an employee-employer relationship, and there is no written agreement to the contrary, the default is that the employer owns...

Q: Uncle died left no will. Has 2 living siblings but we are heirs thru our deceased dad what are our rights.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Answered on Feb 23, 2018
Will Blackton's answer
North Carolina's Intestate Succession Act (describing how an estate is divided if someone doesn't have a will) is available at:

https://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_29.pdf

Q: If the beneficiary has passed, who is entitled to the devise, the children or the surviving spouse?

1 Answer | Asked in Probate and Estate Planning for North Carolina on
Answered on Feb 23, 2018
Will Blackton's answer
How your father's share will be distributed should be described in your Grandfather's Will. Did your father pass before or after your grandfather? If after your grandfather, more than five days after?

If your father passed after your grandfather, your father's estate will receive his one-third share in your grandfather's estate. How that one-third share will be divided amongst his heirs will be described in his will or, if he didn't have a will, through the intestate succession...

Q: Are photographers owners of their photos if there is no written contract?

1 Answer | Asked in Contracts and Copyright for Georgia on
Answered on Feb 23, 2018
Will Blackton's answer
Who owns the photographs? It depends.

Could you be considered an employee?

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 agreement, negotiations, or any other written agreement. If it’s an employee-employer relationship, and there is no written agreement to the contrary, the default is that the employer owns the...

Q: Fan Made Video Game

1 Answer | Asked in Copyright for Texas on
Answered on Feb 20, 2018
Will Blackton's answer
Contact the video game company and tell them about the infringement if it's bothering you. It's up to the rights holder (video game company) to pursue copyright infringement claims.

Q: Hello I am an International student and I have been scammed $ 4700 by somebody, how could I sue him?

1 Answer | Asked in Stockbroker Fraud for North Carolina on
Answered on Feb 15, 2018
Will Blackton's answer
Do you know this person's real identity and are they located in North Carolina, or at least in the US?

If so, you may have a chance at suing them to recover your money.

You can contact the North Carolina Secretary of State's Securities Division to file a complaint if this person committed broker fraud. Filing a complaint will give you a bit more information; but the NC SoS will not get your money back for you; you'll have to hire an attorney.

Q: I received a Civil Summons for cc debt with Wells Fargo. What should my 1st step regarding the paperwork? it is $6330.00

1 Answer | Asked in Consumer Law for North Carolina on
Answered on Feb 15, 2018
Will Blackton's answer
Once a lawsuit has been commenced against you, if you fail to respond appropriately - you lose the lawsuit.

Your first step should be contacting an attorney. If you're unsure of how to find an attorney or would like an attorney to only assist you in answering a limited set of questions about the process and procedure of a civil suit, contact the NC Bar Association's Lawyer Referral Service at 800 662 7660

Q: How can we protect ancestral journals and letters?

1 Answer | Asked in Copyright for New York on
Answered on Feb 15, 2018
Will Blackton's answer
A will does not have to specifically bequest intellectual property rights for those rights to pass to heirs. If, for example, father gives everything he owns to son, his son inherits the intellectual property rights in his letters and journals. Son could apply for copyright protection from the U.S. Copyright office as the claimant, describing how he acquired the rights in the transfer statement.

Q: How can I stop the sell of Property that was supposed to signed over to me. Not sure if INC. or persons name

1 Answer | Asked in Real Estate Law for North Carolina on
Answered on Feb 9, 2018
Will Blackton's answer
North Carolina General Statute § 22-2. Contract for sale of land; leases.

All contracts to sell or convey any lands, ... or any interest in or concerning them, ... shall be void unless said contract, or some memorandum or note thereof, be put in writing and signed by the party to be charged therewith, or by some other person by him thereto lawfully authorized.

Is that agreement in writing signed by the president or a representative of the company? Contact an attorney in the...

Q: Question about owner financing

1 Answer | Asked in Real Estate Law for North Carolina on
Answered on Feb 9, 2018
Will Blackton's answer
The answers to those questions will depend on what's in the written agreement between you and the interested buyer.

Contact an attorney directly to assist drafting or reviewing any lending agreement that exchanges $350,000.00 of value. You have valid concerns which should be addressed in the lending agreement you'll sign. The attorney who drafts that agreement will be in the best position to answer your questions and address your concerns.

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