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Questions Answered by Jason Brooks
1 Answer | Asked in Copyright and Intellectual Property on
Q: Is there any way I can legally allow other persons to view an eBook I've bought?
Jason Brooks
Jason Brooks
answered on Sep 24, 2018

By law, not really, unless you’re using a service -- like Amazon’s share for Kindle books --which allows you to share ebooks you buy once.

eBooks are licensed, not sold, which means that ebook stores get to control what rights you have with the books. Even if the books are DRM-free,...
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2 Answers | Asked in Copyright and Intellectual Property on
Q: If I wanted to build a website where person's can view eBooks for a small fee would that be copyright infringement?
Jason Brooks
Jason Brooks
answered on Sep 24, 2018

To add a bit more to Peter's response, yes, this would most certainly be copyright infringement if you do not obtain a license from the respective rights holders of each and every book you intend to put on the site. It's the same as if you wanted to created a site where users could pay a... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Landlord refusing to sign 12 month lease renewal for me, offering only 8 month lease. Is this legal? What can I do?
Jason Brooks
Jason Brooks
answered on Sep 18, 2018

The landlord is the owner of the property and can legally set whatever term he/she wants. You're only entitled to tenancy for the duration of of the term of your current Lease -- any renewal term is in the discretion of the landlord, unless otherwise expressly stated in the lease. In most... View More

1 Answer | Asked in Trademark for Texas on
Q: How much does it cost to trademark a logo or name or phrase?
Jason Brooks
Jason Brooks
answered on Sep 17, 2018

The USPTO charges a flat fee of $225, $275, or $325, depending on a few varying factors (i.e. opting for pure electronic correspondence with the USPTO, and also whether you create your own "Free Form" description language or use pre-approved language -- most applications are filed at the... View More

2 Answers | Asked in Contracts for California on
Q: Would a contract for employment as a freelance employee be something I could have looked at here?

It is a 9 page agreement

Jason Brooks
Jason Brooks
answered on Sep 14, 2018

If you would like assistance, I'd be happy to review and advise on your contract for a small flat fee. Shoot me an email at: jason@altviewlawgroup.com if you're interested.

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1 Answer | Asked in Trademark for Indiana on
Q: Do I need a lawyer to trademark my business and logo?

I have an LLC and I provide HR serives and business consulting

Jason Brooks
Jason Brooks
answered on Sep 11, 2018

A lawyer is not required to register a trademark but hiring one is always advisable. Preparation of the registration application can be tricky, and an experienced attorney knows how to address Office Actions that may come from the USPTO examining attorney. If you decide you would like to use an... View More

1 Answer | Asked in Copyright for Ohio on
Q: Can we use sound clips from a CBS news broadcast in a song, is that considered fair use?

I play in a local band and we are in the process of recording an album. We want to use a short segment from a news broadcast in one of our songs, do we need to get permission before using it, or is it acceptable under Fair Use?

Thanks!

Jason Brooks
Jason Brooks
answered on Sep 11, 2018

Fair use is determined on a case-by-case basis and judged substantially on the following four factors:

1 )the purpose and character of your use

2) the nature of the copyrighted work

3) the amount and substantiality of the portion taken, and

4) the effect of the use...
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1 Answer | Asked in Gaming for Texas on
Q: My question is an old winning Texas Lottery ticket that has more than 180 days, but less than a year; still be redeemed?

n/a

Jason Brooks
Jason Brooks
answered on Aug 16, 2018

Why don't you look at the Official Rules for that state lottery board?

1 Answer | Asked in Contracts and Intellectual Property on
Q: I gave few ideas to a firm where I am currently consulting. They stand to make profit. Can I claim IP? I have contracts.

Would like the contracts reviewed. Can pay for your time.

Jason Brooks
Jason Brooks
answered on Aug 15, 2018

Generally, a well drafted consulting contract will classify work done for a client as work-made-for-hire which means that you as the contract consultant wont be able to claim ownership over any IP or other work you prepare for them in connection with the job. If the contract is silent as to who... View More

1 Answer | Asked in Gaming for New Jersey on
Q: I would like to inquire about taking legal action against a social media casino

I play an online casino games in which I purchase playing coins on a regular basis. I have two separate accounts and happen to win the daily race on BOTH ACCOUNTS on the same day. The casino only paid me for one win even though I provided,ample proof of BOTH my winnings. The win I was not paid for... View More

Jason Brooks
Jason Brooks
answered on Jul 31, 2018

It sounds like you may have a legitimate claim for breach of contract, and potentially fraud, as well as a number of other claims related to unfair business practices. It'd be worth sending a legal demand letter over to let them know you're serious. An actual lawsuit may be too costly to... View More

1 Answer | Asked in Copyright for Florida on
Q: What can I do if another website has copied my website content?
Jason Brooks
Jason Brooks
answered on Jul 13, 2018

You can file a DMCA take-down notice with the registrar demanding that they immediately shut down the infringing website. You'll need a screenshot or other accurate description of the content being used. If you need legal assistance feel free to email me at: jason@altviewlawgroup.com to... View More

1 Answer | Asked in Trademark on
Q: Hi. serial number Number86278642 . Is this trademark global? thanks

Im a hobby sake maker that wants to make Sake with this brand name for a small London based restaurant.

Jason Brooks
Jason Brooks
answered on Jul 9, 2018

No trademarks are given global protection. Standard trademark registrations through the USPTO are limited to the United States. If you wish to register an international trademark, you must separately register per country/territor using the international trademark registration system called the... View More

1 Answer | Asked in Trademark for Minnesota on
Q: Would making "Bigger Baller Brand" shirts break any trademark laws?
Jason Brooks
Jason Brooks
answered on Jun 13, 2018

A common reason Trademark registrations are denied is “Likelihood of Confusion” with an existing mark. The mark you have indicated would likely cause consumer confusion with the existing “Big Baller Brand.” By way of example, you would also have difficulty registering something like “And... View More

2 Answers | Asked in Civil Litigation for Georgia on
Q: How can I prevent a politician from using my child's photos for political endorsement and promos?

A family member is running for elected office in Georgia and I have asked him, in writing, to please stop using pictures of me, my wife and child and then claiming that we endorse his campaign. He will post images on social media (both official and personal) and claims in captions "(insert... View More

Jason Brooks
Jason Brooks
answered on Jun 7, 2018

Sounds like you need to the help of an attorney to send a formal cease and desist letter. Beyond that, your only recourse is to file a lawsuit for Misappropriation of Likeness.

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3 Answers | Asked in Entertainment / Sports for New Jersey on
Q: I need an entertainment attorney to look over a music feature contract that is 9 pages long. I have a budget.
Jason Brooks
Jason Brooks
answered on Jun 6, 2018

Happy to help. Email me at: jason@altviewlawgroup.com

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1 Answer | Asked in Contracts for California on
Q: If I contact influencers and they are willing to accept free product for a review should I still send them the contract?

I started my own skincare/beauty brand last year so for the people who have or are working with influencers. I have a contract that is pretty lengthy with FTC guidelines, content rights etc. If I contact influencers and they are willing to accept free product for a review should I still send them... View More

Jason Brooks
Jason Brooks
answered on Jun 6, 2018

If you're requiring services in exchange for compensation or free product, it's always a good idea to have some kind of contract in place, even if it's a very scaled down version. There's certain liabilities you want to protect yourself from, which includes the almighty FTC... View More

2 Answers | Asked in Copyright and Trademark for Ohio on
Q: how do I know if an image/logo is trademarked?

i work at a bar, and created an image of ohio using the logos of the breweries in ohio. i want to be allowed to sell the image on shirts but dont know how to go about doing so. i do not know how to find if images are copyrighted or trademarked and therefore am unsure about my next step. any help is... View More

Jason Brooks
Jason Brooks
answered on Jun 6, 2018

The only way is to conduct an image search via the USPTO's database of registered trademarks. Images are a bit tougher to research than word marks, because there's a bit of subjective interpretation in the description of the designs and their potential similarity to other registered... View More

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1 Answer | Asked in Copyright for Texas on
Q: A subscription service company used one of my videos from YouTube in their web series without contacting me what do I do

I film videos and put them on YouTube and a subscription service company used one of my videos in their web series without directly contacting me and without compensation. They said they got the video from a third party so I wanted to know where I stand legally and what I should be fighting for.... View More

Jason Brooks
Jason Brooks
answered on Jun 4, 2018

Without hearing all the details, it sounds like you've got a valid case of copyright infringement. Feel free to email me to discuss your rights: jason@altviewlawgroup.com

1 Answer | Asked in Copyright and Trademark for Georgia on
Q: I want to know if this site is legit. https://www.zpublishinghouse.com/pages/about-us

Hello, my name is Thomas Shipman. I am a writer and have a blog in where I post my poems and stories. I recently was contacted by a recruiter from this website: https://www.zpublishinghouse.com/pages/about-us

In where they asked if I wanted to submit my poems for potential entry into their... View More

Jason Brooks
Jason Brooks
answered on May 31, 2018

The website appears to be legitimate, but to further protect your content, I'd register each one for copyright protection with the US Copyright office here: https://eco.copyright.gov/eService_enu/start.swe?SWECmd=Start&SWEHo=eco.copyright.gov

You don't need to indicate a...
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1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Products Liability for California on
Q: I need the location for the law library in downtown Los Angeles for claim to file a lawsuit in Los Angeles County

I have a claim for the Better Business Bureau and also health and safety violations, civil rights business ethics state and federal laws

Jason Brooks
Jason Brooks
answered on May 24, 2018

You should try Google

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