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Questions Answered by Simone Nisbett
2 Answers | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: Can I use TV show audio clips on my podcast?

We will be discussing different true crime cases and breaking down true crime show episodes. Are we able to use short audio clips from the show we are discussing?

Simone Nisbett
Simone Nisbett
answered on Feb 2, 2024

It is always best to obtain rights clearance/permission to use the works of others, including audio/video clips, especially if you’ll be generating any for-profit revenue. Commercial endeavors are typically less likely to be treated as fair use. However, you may have the benefit of claiming fair... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Can I move apartments without penalty if I haven't signed a new lease? (Provided I give 60 day notice)

I have lived in my current apartment for years now but have always had trouble with the office staff. Currently, I'm living in my apartment without a renewed lease because they have yet to make one for me to sign. My lease expired 4 months ago, and went up $200 as well if I were to renew,... View More

Simone Nisbett
Simone Nisbett
answered on Jan 17, 2024

Most residential leases are set to shift to month-to-month status after the expiration of the original contract and require at least a full 30-days notice prior to move-out. You’ll want to take a look at the fine print in your original lease to make sure there aren’t any alternative... View More

1 Answer | Asked in Contracts on
Q: Can leave an indication in a legal document to circle the option that applies? "(partial/full) completion"

For example,

I ___________, confirm the partial/full completion of __________ on the 11 September, 2024.

Simone Nisbett
Simone Nisbett
answered on Jan 17, 2024

This type of language in a contract is technically acceptable. However, it may create issues down the road depending on the subject matter on the agreement, whether it’s related to a condition which impacts a party’s requirement to perform, or an array of other things. For a fuller assessment,... View More

1 Answer | Asked in Contracts and Construction Law for Texas on
Q: Am I responsible for a Change Order AFTER the project has been completed?

I had a fire suppression system (fire sprinklers) install at my business.

We had a signed contract describing the work done and the agreed amount. Just prior to the start of the project the city required them to change where they would connect to the city waterline. I was aware they would... View More

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

In order to give you a proper analysis on your options, it would be necessary to have an attorney review your particular contract. Each contract for building projects is different, but a good one should usually contain several clauses explaining liability for change orders, when/how to dispute... View More

1 Answer | Asked in Contracts for Texas on
Q: I signed the contract but has not started working. I got a better offer, can I back off of the contract?
Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

Generally, once you accept an offer you are liable for performance or to uphold your promise to perform, unless there are conditions that need to be met first before you can begin.

Usually a contract will have some provisions about when and how to terminate the agreement and what the...
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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: I paid a security deposit on an apartment that is currently in someone else's name. Do I get that back or the person?

My gf at the time helped me rent an apartment by using her credit, essentially leasing the place in her name but I paid the deposit and rent. I was added as an adult occupant however when the relationship soured I left and I voluntarily removed myself from the lease. The apartment is in Houston... View More

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

Typically any portion of a security deposit due back to the occupant at the end of the lease is returned to the named leaseholder. You may want to consult with the leasing office to determine your status as it relates to the security deposit. If you signed the lease with her, you may be entitled to... View More

1 Answer | Asked in Business Law for Texas on
Q: I fired my lawyer in early November. he recently filed for a motion to remove counsel. I submitted a response. What now?

my response was submitted in with the district county clerk. my response stated the day i fired the attorney. I also submitted email screenshots with my response were the attorney is acknowledging that i fired him.

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

If your fired your attorney, it is normal that they would file a motion to withdraw as counsel in turn so that they can make the court and any opposing counsel aware that they are no longer your representative. The next step would be to make sure to communicate with them about the status of any... View More

2 Answers | Asked in Copyright, Criminal Law and Intellectual Property for Kentucky on
Q: CAN I SELL TRUMP'S PRODUCT WITH HIS PICTURE I DOWNLOADED FROM GOOGLE? IT IS A MUG WITH HIS PICTURE ON IT

THIS IS NOT THE FAMOUS MUGSHOT BUT A DIFFERENT PICTURE I GOT FROM A CNN PAGE

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

Your reproduction and distribution of this photograph may infringe upon the photographer's intellectual property rights (copyright). It is always best to identify the owner of a photograph or other artistic work and obtain rights clearance or a license (typically granted through contract with... View More

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2 Answers | Asked in Trademark and Intellectual Property for South Carolina on
Q: I want to title a short story "The Kool-aid Pact," but I know that would pose a trademark issue.

Is there a different way I could title this so it wouldn't be an issue?

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

There would typically be a process one could inquire about for rights clearance or limited licensing with the owner of the trademark. This is typically something an attorney would handle, but the information about the owner/their representative may be found online with the TEAS trademark lookup... View More

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