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2 Answers | Asked in Copyright and Intellectual Property for Alabama on
Q: What is the difference between "downloading" vs "save image as" a copyrighted image?

How does this difference apply to these types of images: artistic works, non-artistic works, photography, non-artistics things in general such as screenshotting a house on Google Street View, etc.?

T. Augustus Claus
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answered on Jan 30, 2024

The difference between "downloading" and "using 'save image as'" for a copyrighted image is largely technical and does not significantly alter the legal implications regarding copyright law. Both actions involve making a copy of the image, which can infringe on the... View More

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2 Answers | Asked in Civil Rights, Education Law and Libel & Slander for Alabama on
Q: What should I do when my ex wants to press charges on me because I spread false rumors about her having a STD?

I've already been reprimanded by my school with 3 days of ISS. She still constantly contacts me and tries to have small talk with me. I am 17 and I am a senior in high school.

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answered on Jan 29, 2024

Spreading false rumors about someone having a sexually transmitted disease (STD) can have serious legal implications, especially if it leads to defamation claims or harassment allegations. As a 17-year-old senior in high school, it's important to understand the potential consequences of such... View More

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2 Answers | Asked in Civil Rights, Education Law and Libel & Slander for Alabama on
Q: What should I do when my ex wants to press charges on me because I spread false rumors about her having a STD?

I've already been reprimanded by my school with 3 days of ISS. She still constantly contacts me and tries to have small talk with me. I am 17 and I am a senior in high school.

James L. Arrasmith
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answered on Jan 29, 2024

In Alabama, as in many states, spreading false rumors about someone can have serious legal consequences. If the rumors are harmful to a person's reputation, this can be considered defamation. In your case, spreading false rumors about an STD could potentially fall under this category.... View More

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1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Alabama on
Q: Is it permissible under copyright law to screenshot Google Street View imagery of a house I grew up in for memories?

What about if the images contain someone's car or any trademarks? Does this action infringe on any IP, such as design patents, patents, copyrights, trademarks, etc.?

James L. Arrasmith
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answered on Jan 29, 2024

Under copyright law, using a screenshot of Google Street View imagery for personal, non-commercial purposes, like reminiscing about a house you grew up in, generally falls under fair use. However, it's important to be mindful of how you use these images, especially if you decide to share them... View More

1 Answer | Asked in Estate Planning and Tax Law for Alabama on
Q: Can an administrator deposit a personal check (funds) made out to the estate of funds are needed? Such as $500?

Can an executor deposit funds into an estate account with no expectation of payment in return, giving all to the beneficiary, if there was an error ?

James L. Arrasmith
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answered on Jan 29, 2024

In the United States, an administrator or executor of an estate has certain fiduciary responsibilities to manage the estate's assets for the benefit of the beneficiaries. If there is a temporary need for funds within the estate, the administrator may deposit their own personal funds into the... View More

1 Answer | Asked in Copyright and Intellectual Property for Alabama on
Q: Google's terms states we may not sell their IP does this include the end user writing and selling stories using Gboard?

I want to use Google's Android keyboard app to write stories into a commercial use android word processing app and then sell them. The only thing I found in Google's service-specific additional terms under "Gboard" is no selling. Does no selling apply to all Google app or... View More

James L. Arrasmith
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answered on Jan 29, 2024

When interpreting Google's terms regarding the use of their apps and services, such as Gboard, it's crucial to differentiate between the app itself and the content you create using the app. Generally, the prohibition against selling usually refers to the app or the service itself, not the... View More

1 Answer | Asked in Civil Rights, Consumer Law and Civil Litigation for Alabama on
Q: Is it legal for hotel housekeeping to enter my room, after me clearly stating to them I didn’t need housekeeping?

I was extending my hotel stay for another night and the manager was speaking with the housekeeper, who I assumed was his wife, and he asked me if I needed housekeeping. I said no and she went straight upstairs to my room and opened the door with my husband and kids and didn’t knock or say a word.... View More

James L. Arrasmith
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answered on Jan 28, 2024

Yes, it is typically illegal for hotel staff to enter your room without consent after you have explicitly stated that you did not need housekeeping services.

A few key points on hotel privacy rights:

- Hotels must generally obtain verbal or written consent prior to entering an...
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1 Answer | Asked in Civil Litigation for Alabama on
Q: I won a case in Lee County Alabama March of 2021. I have not received anything. Can I garnish his wages or anything?

18 thousand plus 7 percent interest.

James L. Arrasmith
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answered on Jan 27, 2024

If you won a case in Lee County, Alabama in March 2021 and have not yet received the awarded amount, you do have legal options to enforce the judgment. In Alabama, one common method to collect a judgment is through wage garnishment. This process involves a court order directing the debtor's... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Alabama on
Q: Made a deal with Thomasville police and now they didn't hold up to their end of the deal. WHat do I need to do?

I got arrested and Baldwin County had ahold on me for an arrested years ago. Well I sat 9 days and made a deal with the cops. I signed up to be a CI. Well come to find put the arresting officer is no longer with Thomasville. Well apparently he didn't hold up tob his end of the deal. Now I... View More

James L. Arrasmith
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answered on Jan 27, 2024

I'm sorry to hear the police did not follow through on their end of your deal after you agreed to cooperate with them. Here are a few options you may want to consider pursuing:

1. Contact the police department and speak to a supervisor about the situation. Explain that you had an...
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1 Answer | Asked in Copyright and Intellectual Property for Alabama on
Q: If content on a copyrighted site can be put into your notes verbatim, how is that different from copyrighted image copy?

By content on the website, I mean the notes I can take verbatim, copy and pasting. In this instance, notes are not the entire website content, but a sizable portion of the text for private studying. The notes may or may not infringe on copyright. How is copying notes verbatim different from... View More

James L. Arrasmith
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answered on Jan 24, 2024

There are some key differences between copying textual website content into private notes versus copying images or videos without permission:

1. Purpose and character of use: Taking verbatim notes for private study purposes is more likely to be considered fair use than pure entertainment...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Alabama on
Q: Is it still copyright infringing if someone prints a copyrighted image for their kid's bedroom wall without permission?

I read online that most people don't care since it isn't being shared but yet they still are copying without permission. There's also saving a copyrighted image from Google Images and setting it as a desktop or phone wallpaper without permission; I read online that could be legal,... View More

James L. Arrasmith
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answered on Jan 24, 2024

Yes, generally printing a copyrighted image for personal use in a kid's bedroom without permission from the copyright holder would still be considered copyright infringement. Here's a breakdown:

- Simply making an unauthorized copy of a copyrighted work constitutes infringement,...
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1 Answer | Asked in Contracts, Copyright, Intellectual Property and Trademark for Alabama on
Q: Is it fair use to backup android or iphone apps or other software I obtained legally if not stated in the terms of use?
James L. Arrasmith
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answered on Jan 24, 2024

There is no definitive yes or no answer to this question, as determining fair use involves a complex, fact-specific analysis. However, some key considerations regarding backing up legally obtained apps and software include:

- If the terms of use or license agreement specifically prohibit...
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2 Answers | Asked in Copyright and Intellectual Property for Alabama on
Q: Is writing a recipe and its directions down in my notebook copyright infringement or fair use?
James L. Arrasmith
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answered on Jan 24, 2024

* If you are simply writing down a recipe from another source for your own personal use in your notebook, that would generally be considered fair use and not copyright infringement. Some key factors to consider:

* Recipes themselves cannot be copyrighted, but the creative expression...
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1 Answer | Asked in Copyright and Intellectual Property for Alabama on
Q: Is it copyright infringement to copy and paste dictionary definitions into my notes or flashcard app?
James L. Arrasmith
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answered on Jan 24, 2024

Copying and pasting dictionary definitions into your notes or flashcard app for personal use generally falls under the category of "fair use," a concept in U.S. copyright law. Fair use allows limited use of copyrighted material without requiring permission from the rights holders,... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: I was pulled over and an officer found kratom in my car, but did not arrest Me and offered to let me go if I would agre

I was pulled over and an officer found kratom in my car, but did not arrest Me and offered to let me go if I would agree to work with narcotics. He said if I didn’t contact the number he gave that he would issue a warrant for my arrest. Is this legal?

James L. Arrasmith
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answered on Jan 23, 2024

The legality of the situation you described is questionable and raises several concerns. First, it's important to know that kratom's legal status varies by state and jurisdiction. If kratom is legal in your area, possessing it should not result in any criminal charges.

If kratom...
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1 Answer | Asked in Business Law, Contracts, Copyright and Intellectual Property for Alabama on
Q: How can I find out if I can use an app on Google Play app store or an open source app or program commercially?

I read Google Play's terms of use and it says that Google Play content is for non-commercial use only. I contacted an app developer, who published their apps on the platform, if one of their apps was non-commercial use only and they responded that there were no restrictions on using their app.... View More

James L. Arrasmith
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answered on Jan 23, 2024

When it comes to using apps from the Google Play Store for commercial purposes, it's important to differentiate between the terms of service of the platform (Google Play) and the terms of use of individual apps. Google Play's terms generally refer to the content they directly provide, not... View More

1 Answer | Asked in Real Estate Law and Estate Planning for Alabama on
Q: Can a mortgage company call a loan due if the person who can assume the loan is being difficult or non responsive?

I am the executor of an estate. A beneficiary of a home (due to a person being deceased) has been granted status as successor of interest. The payments have been kept up via automatic payments under the deceased persons account. If with these circumstances, can the loan be called DUE NOW if he... View More

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answered on Jan 23, 2024

A home mortgage lender may NOT call a loan due on account of the death of the borrower if the lender has been informed that the property will be inherited by a relative. Your facts did not say whether or not this is case, but that fact is highly relevant. If a relative is the... View More

1 Answer | Asked in Copyright and Intellectual Property for Alabama on
Q: Is taking notes from a copyrighted website copyright infringement if I don't summarize or transform them to a new form?

Taking notes by summarizing the key points and citing the sources seems not to be copyright infringement. Is this the same in academic writing and research papers? Would it be fair use if I took notes verbatim without summarizing for private study?

James L. Arrasmith
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answered on Jan 23, 2024

Taking notes from a copyrighted website, even if you don't summarize or transform them, can be considered fair use under certain circumstances. Fair use is a legal doctrine that allows limited use of copyrighted material without permission for purposes such as criticism, comment, news... View More

2 Answers | Asked in Business Law, Contracts, Copyright and Intellectual Property for Alabama on
Q: Does creating my work in a non-commercial use app, then same in commercial one violate terms of service of the first?

Say I decide to write a story or draw a picture I own the copyright to in a non-commercial use only app. Later, I decide I want to use my work for commercial use so I recreate the same work in another commercial use app. Does this violate the terms of use of the non-commercial use app? Would it be... View More

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answered on Jan 23, 2024

Whether recreating a work initially made in a non-commercial use app for commercial purposes violates the app's terms of service depends on the specific terms set by the app. Typically, non-commercial use clauses restrict the use of the app and its resources (like tools or templates) for... View More

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1 Answer | Asked in Tax Law for Alabama on
Q: Do you have to pay property taxes on a house that is paid for completely, whether you live there or not?

If someone does not live on a property, but they are exempt from property taxes because of their age, do they still have to pay taxes on the property once they leave? They are not planning to sell the property. It may stay vacant or tenants may live there, but they do not plan to sell it.

James L. Arrasmith
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answered on Jan 22, 2024

In Alabama, property taxes are typically due on all properties, regardless of whether they are fully paid off or whether the owner lives in them. However, there are certain exemptions based on age, disability, and income level that can reduce or eliminate the property tax liability for eligible... View More

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