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Questions Answered by Will Blackton
1 Answer | Asked in Copyright and Trademark for Indiana on
Q: Can I print Bob Ross on a shirt? I have a direct to garment Printer

Photo, quote, trees

Will Blackton
Will Blackton
answered on Jun 23, 2017

**Using Bob Ross's Paintings**

Bob Ross was born in 1942 and presumably began painting some time before hosting The Joy of Painting, which first went on the air in 1983. I'll assume you're talking about using paintings created on his famous show.

If Bob Ross's...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My daughter is a student and is leasing an apartment. Her lease is up in a month and 7 days. About a month back she

kept some pets over the weekend for a friend and the landlord came in unannounced and saw them. She immediately demanded that she pay the $300 pet deposit, which I'm sure they will take out of her deposit. The landlord came in yesterday to show the apartment and is now saying the apartment... View More

Will Blackton
Will Blackton
answered on Jun 22, 2017

The answer is going to depend on what the lease says. I don't think an attorney will be able to assist you without reviewing the provisions of the lease.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My tenants changed the locks and moved out. They left some of their stuff in the house. What are my rights?

They said they were moving and the power has been cut off for non payment. Located in North Carolina

Will Blackton
Will Blackton
answered on Jun 22, 2017

If your tenants are still timely paying their rent and have not otherwise breached the lease, the fact that they moved does not give you the right to remove their personal property.

Chapter 42 of the North Carolina General Statutes will be of some assistance to you....
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1 Answer | Asked in Copyright for North Carolina on
Q: I have some old posters advertising old bands who played at a local club here where I live. They are from the 1960s.

They are just old ad posters that were stapled to telephone poles and buildings every week promoting the show and then torn down and replaced. The old ones were thrown in the trash. The company that printed them has been out of business for over 40 years. Do I need permission to make some copies of... View More

Will Blackton
Will Blackton
answered on Jun 22, 2017

If you want to avoid any legal liability for copyright infringement, yes - you need permission to reproduce those posters. The printing company is probably not the party that needs to grant permission, unless they also created the posters. The artist who created the posters, assuming the artist... View More

1 Answer | Asked in Copyright on
Q: What issues there may be live streaming my own personal audio commentary of a live sports event?

There will be no use of any material (be it audio, video or imagery, etc.) from the event. Just myself audio streaming my own personal description of how I see the event. I haven't been able to find any answer anywhere pertaining to this situation.

The way I understand it is that what... View More

Will Blackton
Will Blackton
answered on Jun 21, 2017

The following case may help in your research: N.B.A. v. Motorola Inc. d/b/a SportsTrax, 105 F.3d 841 (2d Cir. N.Y. 1997) (available at https://www.law.cornell.edu/copyright/cases/105_F3d_841.htm). I am not your attorney, do not warrant that this case represents the current state of the law, nor do... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: how do i get help to have my record expunged? How much does it cost?
Will Blackton
Will Blackton
answered on Jun 20, 2017

Opportunities to expunge a criminal record in North Carolina are quite rare. Criminal records eligible for expunction in North Carolina are generally limited to the following three categories:

A first-time, nonviolent offense committed more than 15 years ago

A first-time offense...
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1 Answer | Asked in Probate for North Carolina on
Q: Family member intentionally probated a 2001 Will that got replaced. Probate approved Feb 2017 IN NC. Now what?

The family member probated the Will on NC on October 12, 2016 but recently told other family members that no Will ever existed. The deceased had told other family members that they were in her Will which she had changed after 2001. But the Executor chose to Probate the 2001 version.

Will Blackton
Will Blackton
answered on Jun 20, 2017

If you have a copy of a later-executed will, you may offer it to the court.

Testators may say that they've changed their minds on how their assets should be distributed, however, without a valid will detailing those changes - that doesn't have much of an effect.

1 Answer | Asked in Copyright for Arizona on
Q: I made a spelling mistake in the title and cover of the 2 deposit copies. Do I need to register again to fix the errors?

I made a spelling mistake in the title and cover of the 2 deposit copies I made. I want to correct those mistakes once these books are copyrighted. Am I going to have to register the corrected copies to have my copyright hold up in a US court? Do I need to register the corrected copies again for... View More

Will Blackton
Will Blackton
answered on Jun 19, 2017

You would need to consult with your own attorney to determine the best course of action. Your attorney will need to know more details about your application and any errors contained therein before advising you. But, for your information generally:

The U.S. Copyright Office has a procedure...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: is there a standard how rented houses are supposed to be given to new tenants?

Military active duty just rented a house

Will Blackton
Will Blackton
answered on Jun 19, 2017

Landlord must provide a tenant with "fit premises" as described in Section 42-42 of the North Carolina General Statutes. http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_42/GS_42-42.pdf

Additionally if you're renting to an active member of the U.S....
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Owned home NC 14 yrs rented 11 yr. now reside pemntly. can I sell w/o beng pnlzd by resident laws? Capitol gains?

Have owned a house on Oak Island since 2003. Summer rental for 11 years. Spent 6 months there during the rest of the year. Moved there permanently Jan. 2015. Is there a penalty if I sell my house in 2018? How long do I have to be considered a permanent resident? What about capitol gains in NC?... View More

Will Blackton
Will Blackton
answered on Jun 19, 2017

To answer whether the sale of your home qualifies for the federal tax exclusion, you should refer to IRS Publication 523 at https://www.irs.gov/publications/p523/ar02.html and talk to a qualified tax professional.

Your sale qualifies for exclusion of $250,000 gain ($500,000 if married...
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2 Answers | Asked in Copyright for New York on
Q: What percentage of a photo has to be edited or rendered to make sure no copyright laws have been broken.

Taking a live image from Google and making it look like a painting or cartoon to put on the bottom of a skateboard that I am distributing.

Will Blackton
Will Blackton
answered on Jun 19, 2017

"A 'derivative work' is work based upon one or more preexisting works. . . in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of... View More

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1 Answer | Asked in Copyright on
Q: I'm creating a software that uses magazines(ie. lifehacker) content, I'm planning to make money of it, is it legal?
Will Blackton
Will Blackton
answered on Jun 16, 2017

Using the creative works (magazine content) of others is copyright infringement. If that work is registered with the U.S. Copyright Office, you could be liable for up to $150,000 per work upon which you infringe. If that work is not registered with the U.S. Copyright Office, you could be liable... View More

1 Answer | Asked in Copyright and Business Formation for Nevada on
Q: Im thinking of starting a disney, marvel, harry potter and so on... themed escape room would that be ok ?

It be themed in that universe and we would just use pictures of them and you must answer trivia questions and puzzles to get out of the room.

Will Blackton
Will Blackton
answered on Jun 15, 2017

For the purposes of this answer, I am assuming that you mean a business that operates recreational escape rooms:

It would be wise to seek the permission and a license for this use from the owners of those intellectual property assets. If a customer were to think that your escape room were...
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1 Answer | Asked in Copyright for Arizona on
Q: If i find a funny video on instagram from famous person can i copy the video and post it on youtube and add adsense

i found a funny video on instagram from kingbach, he makes funny videos. can i download the video and post it on youtube and make money by adding adsense

Will Blackton
Will Blackton
answered on Jun 13, 2017

If you do not have written permission from the creator of the video, using it in the way you described would be copyright infringement. The copyright claimant could sue you. If they registered their work with the U.S. Copyright Office, they could be entitled to $700-$150,000 in damages, in... View More

1 Answer | Asked in Copyright for Alabama on
Q: I'm writing a book. I need some examples to write in the book. People on FB gave me great ones. Can I use them?
Will Blackton
Will Blackton
answered on Jun 13, 2017

Copyright law will protect the expression of ideas, that is, the creative organization of words used to write the ideas, but not the underlying ideas themselves.

So, if you want to copying word-for-word from others, you must get their permission before using their work. If you want to...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: why is it illegal to pay or receive a fee for a referral of property without a realtor license? In north carolina
Will Blackton
Will Blackton
answered on Jun 6, 2017

Because Article 1 of Chapter 93A of the North Carolina General Statutes prohibits acting as a real estate broker without a license, that is, it is illegal because there is a law prohibiting the action. If you're asking the policy rationale for such a law, you'd have to ask the North... View More

1 Answer | Asked in Copyright for New Jersey on
Q: Would I be violating copyright law(s) is use personal account to upload videos to business page?

I am in 50 50 LLC partnership with one more partner. We offer wedding videography and photography services. I record and edit videos and he records and edits photos. Videos can not be directly uploaded to the Facebook business page. It can be done via Administrators of the page. We both(our... View More

Will Blackton
Will Blackton
answered on Jun 6, 2017

Violation of copyright law does not happen in a vacuum. If you're concerned that you'll violated copyright law by uploading video taken by your business partner, the simple fix is to ask your business partner for (written) permission to do this. Someone has to enforce their interest in... View More

1 Answer | Asked in Copyright for New York on
Q: I uploaded a photo on Instagram another user reposted to promote a business, can I sue?
Will Blackton
Will Blackton
answered on Jun 5, 2017

If you took the photo and uploaded it to Instagram and another user misappropriated the image for their own use, that is copyright infringement. Yes, you could sue, but if you did not register the image with the U.S. Copyright Office, you'd only be entitled to recover "actual... View More

1 Answer | Asked in Copyright on
Q: Would it be possible to sell t-shirts with prints/images of works of art pre 1900 ad?

What if I were to edit them? how different would it need to be?

Will Blackton
Will Blackton
answered on Jun 4, 2017

**All copyrightable works published before 1923 are now in the public domain** (these works entered the public domain no later than 1997). There are still two issues to be concerned about before assuming work is in the public domain.

One wrinkle in this blanket statement is that the...
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1 Answer | Asked in Legal Malpractice, Construction Law and Contracts for North Carolina on
Q: My lawyer did not claim damages ($97,000) that I had asked him to claim. I had a vacation rental that I was unable to

Rent out for 2 years because a person put a lien on the home. He did construction work that did not pass code and he refused to bring up to code so I didn't pay him. I couldn't rent the home for 2 yrs. My lawyer claimed neglect not loss of income so judge wouldn't allow financial... View More

Will Blackton
Will Blackton
answered on Jun 3, 2017

Your lawyer is in the best position to determine what claims should be raised in a pleading. You should talk with your lawyer and ask if he mistakenly omitted a claim, or determined, in his professional opinion, that a claim should be omitted.

To answer your question: ask your lawyer if...
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