Filing a DMCA complaint

One of my actors from a student film I made posted potions of the film on youtube without my consent or knowledge. I believe this infringes my copyright and authorial right to first publication. I also understand that I need to file a DMCA complaint with youtube to get this removed. My question is: can I file the DMCA complaint myself or do I need to go through a third party (ie an attorney). Also would a copy of the original script along with proof that the material was sent to the Library of Congress suffice for the identification of the copyrighted material?

Copyright laws

Hi, I'm a graphic design student looking to make a little extra money. I was thinking about designing and selling children's invitions using disney, warner bros., etc characters. Is this legal for me to do? What subjects can and can't be used?

Thanks for your help!

Use of copyrighted material

I am a speaker/teacher and I wrote a speech addressing the issue of our values/worth as people. As an illustrative point, I would like to use the animated characters of a seasonal television show in my presentation. I would also like to use a picture of myself, along with these characters, in a promotional advertisement (flier, poster, internet, etc). What are the necessary steps I would need to take to secure permission to use these images ( if they would ever grant permission ) and what is the ballpark cost I could expect to pay for their use?

publishing a photo without a release in a public awareness campaign

I am a graphic designer and recently finished a public awareness campaign in Fair Housing for the Office of Human Rights in DC gov. One of the photos I used in this bus campaign was from a person I took a picture of in a street fair 4 years ago in DC. The campaign is up an running in buses and metro stations, however the Office got a call from a lawyer, saying that this picture has caused her client employment distress. The photo is in a window and below it there is a footnote ''have you been discriminated against because you were from another country? Can they sue the Office? or me? we are pulling down all the ads, but was this really illegal? Publishing in a non-commercial way a photo of someone without their written consent? If we pull down the whole thing would that be all, can this lawyer try to get money for this?

Trademark ''naked consent''

We received the following refusal. Can you please advise what a proper agreement should look/consist of to get approved?

Thank you.

The consent agreement submitted is considered a �naked consent� and thus is not acceptable to obviate a likelihood of confusion refusal because it does not set forth reasons why the parties believe there is no likelihood of confusion, nor does it set forth the arrangements undertaken by the parties to avoid confusing the public. In re Permagrain Products, Inc., 223 USPQ 147 (TTAB 1984) (consent agreement found to be �naked� because the agreement did not restrict the markets in such a way as to avoid confusion). Moreover, registrant merely provides permission for applicant to use the mark, and does not provide consent to applicant to register the mark.

If applicant wishes to submit a proper consent agreement from the registrant consenting to the registration of the mark, this refusal will be reconsidered. Please note that consent agreements are but one factor to be taken into account with all of the other relevant circumstances bearing on the likelihood of confusion referred to in �2(d). In re N.A.D. Inc., 754 F.2d 996, 224 USPQ 969, 971 (Fed. Cir. 1985); TMEP �1207.01(d)(viii).

Photo sent to me via cell phone

If someone sends me a semi-naked photo of themselves using their cell to my email address, is the picture now mine. If I was to share the photo or post it on the internet, would that be a problem? Do I open myself up to anything?

IP law as a profession

I'm a prospective law student who is interested in IP law (specifically patent prosecution). I will have a BSEE and was wondering what kind of life I should expect after law school after graduating from a law program such as Duke. Thanks

copyright damages based on royalty

Can copyright damages be based on a royalty?

I'd like a couple of case cites to support this theory. I would be on defense.

E-mail C&D letters

I know someone who received an e-mail requesting that a copyrighted video sequence be removed from his YouTube videos. As far as I know, the only contact he has had with this law office is via e-mail.

Are C&D letters sent via e-mail and not as hard, certified letters a viable legal action? It seems to me that anyone can send an e-mail as well as conceal and manipulate its true source, so it doesn't seem to me that just an e-C&D would hold up very well on it's own in a court of law.

Privately-owned Text Made into Law. Copyright?

A company called the ''National Fire Protection Association'' (NFPA) publishes the ''National Electrical Code'' (NEC), which is a set of pattern laws that cities frequently adopt verbatim as their electrical code. The cities typically incorporate the NEC into their ordinances 'by reference'. The cities that adopt the NEC agree not to publish it in electronic form and only make it available to citizens who are willing or able to drive up to city hall and inspect a hardcopy of it. The NFPA routinely sells copies for close to $100.

If my city has adopted the NEC as a set of public laws, is there anything preventing me from publishing a copy of it in electronic (or other) form?

I'm quite sure the NFPA would vigorously assert copyright rights, but do such arguments hold water once the text becomes public law we're all supposed to be aware of and follow?

I'm sure the term ''National Electrical Code'' is trademarked, so I would publish, for example, the ''Electrical Code for XXXX City, California''.

Obtaining a Court Order for release of Information

My grandfather went to Haverford College in Pennsylvania in 1926. I wrote to them requesting a copy of his transcript to add to my family's genealogy book. They said since he is deceased, I need to obtain a court order to get it. I live in NYC not PA. How do I go about do that?

ownership of family home

My sister and I each owned half of the family homestead. She asked me if we could give a third ownership to her boyfriend and I reluctantly agreed. I became heavily involved with drugs and was not not in my right mind, not thinking clearly, not keeping up with taxes and the bills. My brother-in-law took advantage of my muddled state of mind and paid me $13,000 for my third of what is a 250,000 home. He claims I wrote him notes asking him to buy and that he has kept the notes. We also were supposedly to have gone to his lawyer to sign the papers. I have little or no memory of the notes or the visit to the lawyer. I was too drugged to know what I was doing...

I know this might be a long-shot but is there any legal way at all I can fight to get my house back? I thought I would write and asked.

Many thanks--

Leo

Trademark rights

Hello. In general, what are the rights of a common law trademark holder who has been using a trademark for decades, but has not registered it a federal level? A federal USPTO search reveals there is a similar mark that has been registered and in use only for the past year or two. Did the first party miss out on their chance to challenge the later mark when it was published for opposition, and if so, did the first party also lose the right to continue to use this mark? What rights if any is the first party left with at this point? Thank you.

Internet Advertising

Can I post a sale on my website without permission from the store hosting the sale. For example, if Nordstrom is having a half-yearly sale, is it legal for me to advertise their sale on my website?

Re: Credit Card Billing

Does LawGuru have a ''pay as you go'' account? We are a small size legal dept. and do not want to establish an account.

Motion for Dismissal

Are the following reasons to request dismissal.

Patent Misuse, Copyright Misuse, Unclean hand, Deceptive Business Practices, and Fraud?

Pierce Corporate Veil

My company just received a default judgment with an injunction. The plaintiff implies that they will attach personal property through liens. My company is an LLC, and I have not co-mingled assets. How can they pierce the corporate veil? Or is that standard language when going after the award.

Oposing Cousel is silent

In my attempts to point out their improper assertions based upon their lack of due dilligence they were silent. They had no intention of acknowledging any mis information and wanted to put me out of business. They won't stipulate to anything. Is their an option filing for the motion to set aside, and inform the court of the issues.

Set asid default judgement

I just received a default judgement and permanent injunction based upon Patent, Copyright, and Trademark infringement. I did not violate any of the asserted claims and in my settlement discussions with the plaintiff, they agreed that I am not infringing if I paid a huge sum.

I want to request a motion to set aside the default and injunction claiming patent and copyright misusue, unclean hands, deceptive business practices (sneak wrap licensing). I was informed that I need to respond to the plaintiff in 3 days to discuss payment, and shipment of material for distruction.

How should I respond to the plaintiff? This suit is in California, and it appears that I have a period of time 180 days to file the motion. Should I get my motion in before speaking to the plaintiff?

Trademark Name - Websites

When applying for a trademark for a website that holds a unique name, would the registrant include the dot-com suffix in the title or simply register the name separately?

Google Incorporated is an example of registering the name, which was �Google.� However, their company may have also registered the name with the dot com added for insurance purposes, meaning both Google and Google dot-com are registered.

Which of these two is the appropriate choice if your company will only seek one trademark? This will be for a website that displays both versions of the name on their website.

[due to linking censorship it is not possible to add the period in the above examples - substituted by the word �dot�]