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Questions Answered by Will Blackton
1 Answer | Asked in Copyright for Washington on
Q: Copyright -- reproduction and sale of foreign works

Is there any particular law against reproducing and selling, say, the book cover of a book that is from another country? If so, where can I read more about it?

Will Blackton
Will Blackton answered on Jan 2, 2018

The U.S. Copyright Office has published on this topic, search for "Copyright Office Circular 38A" on your search engine of choice or at the copyright.gov.

1 Answer | Asked in Business Law for North Carolina on
Q: How would we document the "location of the meeting" if all board members participate by conference call?

What would be the "location of meeting" for a board meeting minutes if all board members held the meeting via teleconference from their home?

Will Blackton
Will Blackton answered on Jan 2, 2018

It sounds like you're acting as a Secretary of a N.C. corporation and attempting to comply with Section 55-16-01 of the North Carolina General Statutes in keeping the minutes of all meetings of the board members.

I am unaware of a specific requirement under North Carolina to include the...
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2 Answers | Asked in Contracts for North Carolina on
Q: How do you take someone to court for failure to make payments on money owed based on a written agreement?

An notarized agreement was made between an individual owning a restaurant and two other individuals loaning that person money. The person who received the money has failed to make payments as listed in the agreement and is now past due. This individual now owes the couple more than what small... Read more »

Will Blackton
Will Blackton answered on Dec 27, 2017

Contact an attorney who specializes in collection actions, preferably in the county where the debtor resides/their business is operated. You're in excess of the amount in controversy for a small claims action - it makes sense to at least reach out to an attorney to see if it's economically... Read more »

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1 Answer | Asked in Copyright and Intellectual Property on
Q: May a list of applications(and their topics) I created to be considered copyrighted?

I own a few hundred similar apps in different topics. Each topic is a result of a lot of research(keywords, popularity, etc). Someone just copied all my "topics" one by one and uploaded similar apps(same topic, same functionality) to the store. The list of my apps is available in my promotional... Read more »

Will Blackton
Will Blackton answered on Dec 27, 2017

One of the most cited copyright cases is Feist Publications, Inc. v. Rural Telephone Service Co, 499 U.S. 340 (1991), which established that some minimum creative contribution is required for mere information to be protected by copyright. That is, facts cannot be copyrighted, there must be... Read more »

1 Answer | Asked in Copyright and Intellectual Property on
Q: How can I preserve my infographic designs with copyrights ?
Will Blackton
Will Blackton answered on Dec 14, 2017

Copyright protection automatically applies once a work is fixed in a tangible medium. If you're seeking the additional benefits of federal registration, file for protection with the U.S. Copyright Office or contact an attorney with experience filing copyright applications to assist you, who may... Read more »

1 Answer | Asked in Copyright on
Q: If I buy art from an artist and I put it into my video game, and it turns out he didn't own the copyright, what happens?

There are tons of ppl on the Internet selling their arts, or even giving it for free. What happens if I buy it, put it into my game, publish and sell my game, then later realize they actually stole it from another artist and now I'm getting sued? How would the court solve this?

Will Blackton
Will Blackton answered on Dec 14, 2017

A court would look at the written agreement between you and your artist. Many contracts, including the transfer or license of intellectual property assets, include indemnification clauses. Generally, "indemnification" requires one party to pay for the other's legal expenses and fees arising out... Read more »

1 Answer | Asked in Copyright for Arizona on
Q: Do artists have any copyright to product that was created working at an hourly rate for said employer?

My artwork done for a non-profit company will be used in a school curriculum. This is beyond the original use intended for this artwork.

Will Blackton
Will Blackton answered on Dec 14, 2017

Were you an employee? If not, what does your written agreement with the company state?

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...
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1 Answer | Asked in Copyright for Virginia on
Q: should I worry about a lawsuit about downloading a movie from popcorn website want me to settle for $4300

Got papers saying from comcast first saying i can sign forms to stop release of my info. I didnt because thought was junk mail. The yesterday got papers saying have a lawsuit and want me to settle for 4300$.

Will Blackton
Will Blackton answered on Dec 14, 2017

If you were served with a lawsuit you must respond within a certain period of time or you lose by default. If you received anything that is captioned as a "Summons" or "Complaint" and is accompanied with the name of a specific court, contact a lawyer in your state as soon as possible.

If...
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2 Answers | Asked in Copyright for Florida on
Q: Ibought a storage unit on auction with boxes of NEW books, can I sale them with out getting in trouble with the writer?

I don't know anything about the copyright although I read on Google that if you buy legally you can sale it legally well if they are no copies , so if you can give me any information about this I'll really appreciate it, thank you.

Alonso.

Will Blackton
Will Blackton answered on Dec 15, 2017

An individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display that particular copy, notwithstanding the interests of the copyright owner. This is known as the "first sale doctrine" or "first sale rule" in U.S. Copyright law.... Read more »

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1 Answer | Asked in International Law, Business Law and Contracts for North Carolina on
Q: I have designed a shoe I'd like to have manufactured mass production Italy. Which contraction is most appropriate ?

I have heard 'Product Development Agreement' 'Manufacturing Contract' 'Supply Contract'. Which is most neccesary and should I have an Italian speaking lawyer draft it in italian ?

Will Blackton
Will Blackton answered on Dec 8, 2017

The title of a contract is not as important as what's in it. What's in the contract will depend on your desires and requirements and the manufacturer's desires and requirements. If North Carolina law will control the document, English seems like a sensible choice; if Italian law, then drafting it... Read more »

1 Answer | Asked in Business Law, Intellectual Property, Trademark, Business Formation and Copyright for Montana on
Q: What are some ways I can check on the legal rights I have to a potential name for a developing small business?

I am interested in starting a freelance writing business. I recently learned that before I can proceed with the name I will need to confirm that the name is not at all infringing on any copyright laws. I am pretty new to this stuff and I'd really appreciate some advice for how to go about finding... Read more »

Will Blackton
Will Blackton answered on Dec 8, 2017

Short phrases and names are generally not protected by copyright law. What you're probably thinking of is trademark infringement - the key question being, will your name confuse consumers, that is, might consumers believe that your company is affiliated with or endorsed by E. B. White, Harper &... Read more »

1 Answer | Asked in Copyright for Colorado on
Q: I want to upload my original paid for copy of a digital book to my website and allow others to only view it.Is this ok?
Will Blackton
Will Blackton answered on Dec 8, 2017

If you're the author of the book and have retained all intellectual property interests in the writing, that's okay. If someone else is the author and you don't have a license to reproduce and display the book for that purpose, that's not okay.

1 Answer | Asked in Copyright and Trademark on
Q: A company is trademarking a logo design that I designed for them, but they have not yet paid for it. What can be done?
Will Blackton
Will Blackton answered on Nov 27, 2017

What does your written design agreement say? What about other written communications between you and the client?

You won't be able to get an accurate answer without more information. Consult with an attorney in your state.

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: If Court Clerk entered Default should Defendant not respond ?

Since I filed Default and it was entered by court clerk first should the defendant not file any other response ?

Will Blackton
Will Blackton answered on Nov 27, 2017

You say you "filed Default" so I assume you are the plaintiff in this case. If, instead, a default judgment has been entered against you, you should contact a lawyer in the state the judgment was entered immediately to determine your options.

Generally, obtaining a default judgment means...
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1 Answer | Asked in Copyright and Intellectual Property on
Q: I have an idea for an app but no app developing skills. need to hire someone how should i keep them from stealing
Will Blackton
Will Blackton answered on Nov 20, 2017

The contract between you and the person who creates your app, defines who owns the underlying intellectual property. Absent a contract, if you’ve only supplied an idea, the person who did the actual coding has the best claim to the copyright for that work. A court may, however, determine that the... Read more »

1 Answer | Asked in Copyright, Criminal Law and Intellectual Property on
Q: i have an app idea but no skills to develop. how do i safely hire someone to do it for me and prevent theft
Will Blackton
Will Blackton answered on Nov 20, 2017

Answer: The contract between you and the person who creates your app, defines who owns the underlying intellectual property. Absent a contract, if you’ve only supplied an idea, the person who did the actual coding has the best claim to the copyright for that work. A court may, however,... Read more »

2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Ohio on
Q: I created a class and would like to get it protected but dont know what I need.

Do I need a patent, trademark, or copyright?

Will Blackton
Will Blackton answered on Oct 25, 2017

What type of class? How is the class material presented?

It's likely that copyright is the appropriate type of protection, but it's unclear without more information.

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1 Answer | Asked in Copyright for Florida on
Q: Can I create a website that features playlists with artists' music and make money off advertisements?
Will Blackton
Will Blackton answered on Sep 27, 2017

If you mean creating playlists which include the associated music files, you cannot legally do what you asked about.

If you mean merely posting the names of songs and artists in an orchestrated order as a text file on a website, there wouldn't be an issue under copyright law in this...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for North Carolina on
Q: I need the 1984 N.C.FAIR SENTENCING ACT n.c. GEN. STAT. & 15A-1340.4(1983) N.C. GEN. STAT.& 14-1.1(1981)

I need to print this out but can't find it

Will Blackton
Will Blackton answered on Sep 25, 2017

For N.C. Gen Stat. 15A-1340.4 (1983):

Go to the NC Gen. Statutes on the State's General Assembly website: http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl

Find the modern 15A-1340.4, which has been repealed:...
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2 Answers | Asked in Real Estate Law, Construction Law and Landlord - Tenant for North Carolina on
Q: What kind of lawyer do I need?

Husband owns the property solely. He gave my stepdaughter permission to put a camper in backyard to live in. Her mother is on title to camper. Stepdaughter and mother were given verbal notice to move camper in 30 days, didn't do it. Stepdaughter now in jail. Can we do something to keep mother or... Read more »

Will Blackton
Will Blackton answered on Sep 25, 2017

You can't effectively evict someone verbally in North Carolina.

You should contact a lawyer who specializes in landlord-tenant and eviction issues.

Search through the find a lawyer directory on this website or contact the NC Bar Association Lawyer Referral Service:...
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