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2 Answers | Asked in Copyright and Intellectual Property for Indiana on
Q: is copyrighted music for video game credit scenes considered fair use
T. Augustus Claus
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answered on Jul 25, 2023

The use of copyrighted music in video games, including credit scenes, is typically not considered fair use. Fair use is a legal doctrine that allows limited use of copyrighted material without obtaining permission from the copyright owner under certain circumstances, such as for purposes of... View More

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1 Answer | Asked in Business Law and Real Estate Law for Indiana on
Q: If HOA Board resigns en masse, effective immediately, can they rescind resignations without homeowners approving?
Matthew Morris
Matthew Morris
answered on Jul 24, 2023

You probably need to look at a couple documents and a couple provisions of the law to know what legal effect the mass resignation caused.

First, find copies of your governing documents. If your HOA is a corporation (most are), you are looking for your Articles of Incorporation and your...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Indiana on
Q: In the state of Indiana do police officers have the authority to place you on a permanent ban from city/state property
T. Augustus Claus
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answered on Jul 21, 2023

In Indiana, police officers generally do not have the authority to permanently ban individuals from city or state property on their own. Decisions regarding access to public property are typically governed by local laws, ordinances, or policies established by the relevant government entities.... View More

1 Answer | Asked in Bankruptcy and Contracts for Indiana on
Q: What does this mean? It is ordered that the motion to Avoid Judicial Lien as to DATA is denied without prejudice.

DATA won a lawsuit against and individual for breach of contract. DATA won over $300,000 to be paid by individual. He never paid and within a year filed for bankruptcy. Today received a letter from United States Bankruptcy Court Southern District of Indiana an Order denying Motion to Avoid Lien... View More

Timothy Denison
Timothy Denison
answered on Jul 19, 2023

DATA has apparently liened up some of the debtors property. The debtor sought to strip the creditors lien off his property but the court denied the motion to do so.

1 Answer | Asked in Constitutional Law for Indiana on
Q: Is it against the law to not hire someone because of their past addiction? Isn't that discrimination?

Went to an interview and I mentioned that I was in recovery, because we were talking about my criminal history, and as soon as I had mentioned that I was in recovery I was told that I wouldn't be hired because I am an addict

T. Augustus Claus
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answered on Jul 19, 2023

In Indiana, like many other states, there are laws in place that prohibit employment discrimination based on certain protected characteristics, such as race, color, religion, sex, national origin, disability, and in some cases, past drug addiction. These laws are designed to ensure equal employment... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: Can you be charged with a habitual in more than one county at same time
Joel D. Hand
Joel D. Hand
answered on Jul 19, 2023

Yes. There is no prohibition against charging a person with the habitual offender enhancement in different cases regardless of whether those cases are in the same or different counties.

3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Indiana on
Q: I cannot find the global patent for the magnetic patch cap made by next generation headwear. How do I find this document
Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 17, 2023

There are no global patents. You may be looking for a Patent Cooperation Treaty patent application which is the front end of many patent systems (including the US). If so, you can look here https://patentscope.wipo.int/search/en/search.jsf

This is the search tool run by the World...
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1 Answer | Asked in Family Law for Indiana on
Q: After 2 years of no contact, does the father have paternal rights? (No contact since pregnancy)

I have 2 sons, (from different fathers) one is 4 and the other is 2. Neither of the fathers have been in contact since the beginning of my pregnancies. Do they have paternity rights? And if they do, how to I get them removed?

Charles Candiano
Charles Candiano
answered on Jul 17, 2023

Has paternity ever been established? Are the fathers listed on the birth certificate? Do you receive any state aid for either child? Is there a child support Order in place for either child? What is your motive to divest either father of his paternal rights? Do you suspect that either of the... View More

1 Answer | Asked in Animal / Dog Law for Indiana on
Q: If I'm walking my dog on the street and someone's dog not on a leash charges us how am I able to defend myself?

I live in a nice neighborhood however, several times when walking my dog we've come across countless unrestrained dogs in my neighbors yards (not strays) they run up to us barking and almost if biting at us. Is it illegal for me to defend myself with some form of pepper spray/gun?

Charles Candiano
Charles Candiano
answered on Jul 17, 2023

You don't provide enough details for a definitive answer. On your facts, the other dogs bark at you and your dog. As long as the other dogs stay on their property, there is nothing that you can do. Some dogs are extremely territorial. One of my dogs will bark at the "trespasser"... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for Indiana on
Q: My father is dying I’m his only child what steps do I need to take toSecure truck and part value of house

House he’s not married I am the only child

Charles Candiano
Charles Candiano
answered on Jul 17, 2023

As long as paternity is established or acknowledged (i.e. you share the same surname), and your father dies intestate (without a Will) as an only child, you are his sole heir, you inherit everything that your father owns. That said, if your father prepares a will and decides to leave his estate to... View More

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Indiana on
Q: My neighbors shot my 1 year old dog for injuring their goats. They did not kill any goats.

They called us to come get him after they had their goats pinned up. We live 2 houses down and in the 2 min it took my husband to go down and pick him up they decided to shoot my dog. He was not actively harming their goats. He was standing there a couple feet away in the fence and they shot him... View More

Charles Candiano
Charles Candiano
answered on Jul 17, 2023

If your dog was out of your control and injured your neighbor's goats, you are responsible for the vet bill to treat the goats. If your neighbor decided to shoot your dog AFTER his animals were safe, he may be criminally liable but only the County Prosecutor has the authority to bring... View More

1 Answer | Asked in Bankruptcy and Divorce for Indiana on
Q: My husband and I are legally married but living separately and plan to divorce. He is filing bankruptcy. Ruin my credit?

None of the credit cards are in my name but I am an authorized user. I was unemployed for the duration of our marriage.

Timothy Denison
Timothy Denison
answered on Jul 13, 2023

No. Your credit will not be affected if you are only an authorized user. Unless the account is in your name, you should be unaffected by his filing.

1 Answer | Asked in Estate Planning for Indiana on
Q: If a trustee not taking reasonable care of a house that is within the trust what is recourse and who can act

My parents, now deceased,put their home in a trust for my younger mentally handicapped brother. My eldest sister is the trustee of the house in which they both live.

The condition of the house is deteriorating rapidly. What can be done?

John Michael Frick
John Michael Frick
answered on Jul 13, 2023

Hopefully your parents had the foresight to leave sufficient funds in the trust to maintain and repair the home. If so, your brother can ask your sister as the trustee to use the available funds in the trust to make appropriate repairs and perform the necessary maintenance to prevent further... View More

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Indiana on
Q: Can a health insurance company cancel policy for non payment, when they never sent a bill/invoice for increase premium?

I added my son to policy on 12/8 when he was born. Insurance company wanted more money for December, never sent a bill. I cancelled policy for 12/31 and got new private insurance for January. They ended up cancelling policy for 12/7 and said non payment. I’ve been going back and forth with them... View More

Tim Akpinar
Tim Akpinar
answered on Jul 13, 2023

An Indiana attorney could advise best, but your question remains open for a week. It could depend on the policy terms. It looks like they already acknowledged the error, but if eventually there is no resolution, you could consult with a health care law attorney to review the matter and outline your... View More

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: My son is 16 has been living with his mom but now wants to live with me. His mom agrees, do we need to go to court

I live in Indiana she lives in Ohio (approximately 32 miles apart) We never had child support issued by the court, we always had our own agreement. The state of Ohio determined paternity when he was 4 and that I had to carry insurance on him and have since. I’m am on the birth certificate as the... View More

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answered on Jul 11, 2023

In situations where both parents agree to a change in custody arrangements, it is generally recommended to seek a formal modification of the custody order through the court system. While you may have had your own agreement and have been able to co-parent without involving the court in the past,... View More

1 Answer | Asked in Civil Litigation and Small Claims for Indiana on
Q: I have small claim case for a.medical bill. The court said they canceled the date

The paper I got said due to unforseen circumstances the court date had been canceled and either party can ask for a new date. I called the court to make sure it was canceled and the guy on the phone said he don't show it canceled but online and the paper I recieved say it is. I don't want... View More

T. Augustus Claus
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answered on Jul 10, 2023

If you received a notice stating that the court date for your small claims case has been canceled, it would be prudent to rely on that information. However, to ensure clarity, you may consider contacting the court again and explaining the discrepancy between the notice you received and the... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Indiana on
Q: Am I still entitled to recieve my late husbands patent funds eighteen months since his passing? How long do I wait?

My husband passed away five weeks after a patent application was filed. Eighteen months later it was granted by the USPTO. There were other patents, and I did recieve monies to those. I called HR and my calls are not answered, or returned. Same for e-mails.

James L. Arrasmith
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answered on Jul 10, 2023

I'm sorry for your loss. Regarding your late husband's patent funds, it is important to review the specific circumstances and agreements related to the patents. Typically, the entitlement to receive patent funds would depend on factors such as the terms outlined in your husband's... View More

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Hi. I'm wanting to see how I can go about getting this resisting law enforcement with a vehicle charge dropped??
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Your question asks for a specific response about a specific charge. Justia's ask a lawyer isn't the place for that. You need to contact an attorney handling criminal law/traffic tickets to discuss all the facts and see what can be done. Not clear if this is a criminal charge (Misdemeanor... View More

1 Answer | Asked in Divorce and Family Law for Indiana on
Q: If the sheriff serves my husband divorce papers, will they know he has a warrant in GA?

We live in Indiana

T. Augustus Claus
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answered on Jul 6, 2023

The service of divorce papers by the sheriff in Indiana typically pertains to the divorce proceedings in Indiana itself. The sheriff's role is to deliver the divorce papers to your husband and ensure that he is aware of the divorce case in Indiana. However, it is important to note that the... View More

1 Answer | Asked in Car Accidents and Personal Injury for Indiana on
Q: How long should reconstruction of an accident report take to get back. This was a wreck were two people lost their lives
Charles Candiano
Charles Candiano
answered on Jul 6, 2023

I hate to give you the stock answer but it depends upon many factors. For example, what types of vehicles were involved? How many vehicles were involved? Were semi's involved? What was the weather like? Were there eyewitnesses? What type of pavement? What type of grade (was the road... View More

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