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...
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 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...
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,...
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.
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.
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.
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...
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...
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...
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.
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.
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
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.
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...
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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