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Questions Answered by Will Blackton
Q: i am an app developer and need representation. I know that certain companies are interested in my apps.

I have had people who have stolen apps without permission, who have then sold my apps (properties) without my permission. I need a lawyer to represent me as retaliate as well as when I contact big name tech companies concerning offers. I need representation to help me draft contracts as well as... View More

Will Blackton
Will Blackton
answered on Apr 14, 2017

There are several attorneys listed on the Justia directory who would be able to help you. You should look for North Carolina attorneys with experience with copyright law, business transactions (licensing agreement and business entity formation), and civil litigation. You should contact 2-3... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If a seller lists an item in their listing, what if That item is broken and needs to be replaced entirely?

The house was listed as having an electric fence on all 4 acres. It was one of the reasons I chose it. After we moved in I found out The mother board was defective and the line was not functioning. I have to replace everything brand new. Do I have any recourse?

Will Blackton
Will Blackton
answered on Mar 31, 2017

This will depend on the language in your contract of sale or other written agreements with the seller. Without that information, it is unlikely that an attorney will be able to assist you.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If my landlord broke the lease (didn't install smoke detectors until a month after we moved in), can I break the lease?

We told the landlord (in a dated email) that the smoke detectors didn't work when we moved in (Nov 2015) and they didn't install working ones until a month later but the lease states that they must be replaced within 15 days. Now, we want to end our lease a month early, can we argue that... View More

Will Blackton
Will Blackton
answered on Mar 31, 2017

Did you provide written notice that smoke detectors weren't working? That's the 15 day period you're talking about in NC Gen. Stat. Section 42-42. 15 days after receipt of written notification.

Here is a list of resources which suggests you might be entitled to rent...
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1 Answer | Asked in Copyright on
Q: YouTube Copyright Problem

I have a YouTube video with the old hit song "Harlem Shake" in it. However, I got an email today with someone claiming copyright of it. Now, the song is not mine (I sampled it), BUT the person "claiming" copyright is NOT the singer/owner of the song. Is there anything I can do?

Will Blackton
Will Blackton
answered on Mar 31, 2017

You can contact an attorney to assist you in defending this copyright claim. They will be able to tell you whether to investigate the claim, by requesting proof of ownership of the copyright, or to ignore the communication altogether.

Confirming the identity of the person/entity asserting...
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1 Answer | Asked in Copyright for Utah on
Q: I want to make soap and use the Harry Potter characters... How do I go about doing this
Will Blackton
Will Blackton
answered on Mar 31, 2017

The appropriate entity to contact depends on the specific license required and where in the world you want to sell products. However, a good starting point would be to contact Warner Bros. Consumer Products, which seems to hold the license rights to Harry Potter. It licenses the rights to names,... View More

1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: want to hire different illustrator on sequels for a picture book.Can the illustrator of 1st books say she own character

I want to hire a different illustrator on sequels for a picture book. Can the illustrator of the 1st book say the following: "The contract says I retain rights to the characters, so they are my characters and can not be reproduced by another artist. How much is the other artist charging you... View More

Will Blackton
Will Blackton
answered on Mar 23, 2017

Your first illustrator can say whatever s/he wants about your contract, but this answer will depend almost entirely on what your contract actually says. Contact an attorney with experience in copyright law and ask them about the specifics of that contract.

1 Answer | Asked in Copyright and Trademark for Nevada on
Q: I'm going to make and sell shoes that have a similar name and look to a competitor....my shoes = horse theirs = human
Will Blackton
Will Blackton
answered on Mar 23, 2017

There is not a question here. Best of luck on your venture.

1 Answer | Asked in Copyright for Texas on
Q: Our book is out of print, but has been re-printed by someone else and is being sold by someone else, is this legal?

Our group published a 2 volume book in 1986, as fund raiser. We discovered today that someone, who has a cousin who owns a printing company, had their cousin reprint Vol 2 (the only one they had) and that person is now selling the book without our permission. We weren't even asked if they... View More

Will Blackton
Will Blackton
answered on Mar 15, 2017

Who owns the publishing rights?

If there was no written agreement assigning these rights and you co-authored the book with many people, each of those co-authors has the right to fully exploit the work. Absent an agreement to the contrary, each owner of a joint work is free to exploit the...
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1 Answer | Asked in Copyright and Trademark for New Jersey on
Q: I live in the United States. I sell a fitness product and I offer a free silicone bracelet with it.

On this silicone bracelet I want to put the cancer awareness ribbon? Is that copy right infringement?

Will Blackton
Will Blackton
answered on Mar 14, 2017

Google "cancer ribbon trademark suit Komen." Copyright law isn't really your concern here, trademark infringement is. The Komen Foundation has previously sued other nonprofits for trademark infringement regarding their pink cancer ribbon.

1 Answer | Asked in Contracts, Copyright, Employment Law and Internet Law on
Q: Screenwriting

When i hire screenwriter for a story that i have written before , am i gonna be related to that screenwriter in any way ..and how to hold the copyright to only myself .

Thank you

Will Blackton
Will Blackton
answered on Mar 14, 2017

The answer to both your questions depends on how you hire the screenwriter, that is, what the employment agreement between you and him or her says.

Consult with an attorney familiar with copyright law to safely achieve what you hope to do here.

1 Answer | Asked in Copyright and Internet Law on
Q: Please Help! Is this buyer able to charge me legally?

Unknowingly, I sold a non-authentic hoodie to a buyer for the price of an authentic hoodie. He messaged me after we met up for the transaction saying it was a fake. I agreed it was. He is demanding I return him the money.

However, do i have the right to refuse? Nowhere in my item... View More

Will Blackton
Will Blackton
answered on Mar 14, 2017

The federal criminal laws that prohibit any person from trafficking in counterfeit goods and services apply not only to the counterfeiter—the law applies with equal force to any individual or company that knowingly sells a counterfeit product. The Act makes it illegal for any person to... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: Is it legal for a landlord to send a text message telling us to move by end of month?
Will Blackton
Will Blackton
answered on Mar 7, 2017

Generally yes, this is legal. If your one year lease period has terminated and is now month to month, only 7 days notice is required. See if your lease agreement says something to the contrary.

North Carolina General Statute § 42-14. Notice to quit in certain tenancies.

A...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Landlord sent text saying we have to move out by end of March in NC. Is it legal?

My yearly lease ended 3/16 and i have been living with my family there still month to month. Landlord was paid this months rent on 1st and sent my husband a text on Sunday 3/5 and said we need to move out by the end of March. Is this legal as we have 5 children in the house?

Will Blackton
Will Blackton
answered on Mar 7, 2017

Generally yes, this is legal. If your one year lease period has terminated and is now month to month, only 7 days notice is required. See if your lease agreement says something to the contrary.

North Carolina General Statute § 42-14. Notice to quit in certain tenancies.

A...
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3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: patent, copyright

What are the possible ways for protecting a newly designed product from being copied in USA?

It is an LED light that has its own design and application. We don't want other companies/people to have an opportunity to produce a copy of our product and sell it in USA.

So right... View More

Will Blackton
Will Blackton
answered on Mar 7, 2017

Because my practice focuses on copyright law, I'll address that first: Copyright law does not protect ideas, processes, or functions; it protects the (artistic) expression of those elements.

An LED with its own design and application could qualify as a "useful article," which...
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1 Answer | Asked in Child Custody and Child Support for North Carolina on
Q: We are grandparents of 2 grandchildren, ages 5 and 3-1/2. How do we go about obtaining custody or guardianship?

Their mother has moved to Fl. from NC to get her head on straight and attend school, and their father lives here in NC with the children. Their father is more interested in having a girlfriend and becoming a country rock singer than providing a stable secure home for the children. He is always... View More

Will Blackton
Will Blackton
answered on Mar 3, 2017

Donna, this isn't the answer you'd like to hear, but:

A court is extremely unlikely to award custody to a grandparent where a parent wants to retain custody and has not been determined unfit by the court (typically where the parent is incarcerated, addicted to drugs, or mentally...
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1 Answer | Asked in Copyright for Michigan on
Q: Does the Fair Use Act - 17 U.S.C. § 107 allow me to read books online? Not public domain books but any books?

I see alot of youtubers reading children's books online. How is that legal? Or how can it be legal?

Will Blackton
Will Blackton
answered on Mar 3, 2017

No, 17 U.S.C. § 107 does not allow you to post recordings of yourself reading children's books to Youtube.

However, just because this gives rise to a civil cause of action (basis for a lawsuit) does not mean that it will result in a lawsuit. The authors or owners of the intellectual...
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1 Answer | Asked in Copyright for Maryland on
Q: Hi, I want to use the WordNet dictionary in an app.

Hi, I want to use the WordNet dictionary located here.

https://wordnet.princeton.edu/wordnet/citing-wordnet/

It's available available for commercial use

https://wordnet.princeton.edu/wordnet/license/

Is it enough to have something in the About section of... View More

Will Blackton
Will Blackton
answered on Mar 2, 2017

An attorney representing the commercial interest should review this WordNet license with respect to the intended use.

WordNet® is unencumbered, and may be used in commercial applications in accordance with the following portion of the license: "you agree to comply with the following...
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1 Answer | Asked in Copyright and Trademark for North Carolina on
Q: Do I need permission to use my image of someone else's product in my product? i.e.Image of a cymbal in my drum software
Will Blackton
Will Blackton
answered on Mar 1, 2017

If you use an image of a cymbal, produced by someone else, in software you produce: Yes, you need their permission to use their image or you could face a copyright infringement action.

1 Answer | Asked in Contracts and Copyright for California on
Q: If I record a video, say for a company, but later decide I don't want that video to be featured anywhere, what can I do?

Do I have legal recourse/can I expect anything when I request it being taken down?

Will Blackton
Will Blackton
answered on Mar 1, 2017

It depends on whether the company commissioned the work or if you were an employee who produced this video in the course of your employment. This is known as "work for hire" and in those cases, the company would own the rights to the video. You wouldn't be able to assert any... View More

1 Answer | Asked in Copyright on
Q: Fan-fiction and Patreon website. I write erotic fan-fiction and if fan-base donates money to me on Patreon?

I write erotic fan-fiction and I'm in the progress of establishing a Patreon page. It's a site for creators where they receive support and donations from their fan-base. I've searched the past hour for answers to this and all I get is differing opinions. What I would like to know.... View More

Will Blackton
Will Blackton
answered on Mar 1, 2017

Fan fiction is generally considered derivative work, which only the original author may lawfully produce. So, you can definitely be sued for even producing fan fiction. Actively making money from writing fan fiction merely makes you more of a target for being sued, it's not a necessary... View More

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