DMCA - do I have a right to collect on articles I authored?

I am preparing to submit a take down action (DMCA) over several articles posted on a website that I authored and that are now being ''sold'' by the website to others. I would like to know whether I have any legal right to demand an audit of this website's accounts to find out if they actually sold my work and made a profit from it.

Confidentiality versus Non-Compete Agreement

I have created a Bank Terminology book which allows English speakers to speak bank words,terms, and phrases to Spanish speakers. I began dialogue with a bank training company which performs training across the country. My goal is for the company to add it to their list of product and services. At the same time, I do not want them to copy the book, the format, etc. I want them to sign an agreement before I mail them a copy of the book. Which type of agreement would be better to obtain, Confidentialiaty or Non-Compete? Thank you for your assistance.

Copyright laws for viral video

I would like to project a video edit

making its way around the net of

GW Bush speaking in a live theatrical

performance. The edit was done for

NBC (Leno?) It consists entirely of

news footage with a laugh track.

Would I be able to use this? Would I

have to obtain rights?

Non Disclosure Agreement

I had signed an NDA, left the company and I was told the state of California doesn't recognize an NDA's as binding. The NDA is from a company out of state.

Is the NDA in force?

Website Protection

I believe I have a unique idea for a game that I want to put on a website. I'm wondering what/if there is anything I can do to protect it (the core idea) as much as possible. I have a possible partner that already has a Corp or LLC (can't remember which) could I use that and change later as I am original creator but have a small budget. I would also like to know if by protecting it on the internet will that protect reproductive rights on other mediums such as TV? Or would I have to write a script and register it?

Do I Have A Case of Copyright Infringement?

I have written a children's book and had it copyrighted in Jan 2001. I have sent it to numerous publisher's, editor's, and agents including some magazines without success. I have even rewrote it in scriptform for tv and sent that out. This past Christmas I discovered a mother & daughter team published a book following my storyline that I copyrighted! There are many similarities that I feel are a little too close to my property, even up to the way I wanted to package it. Their book is copyrighted 2005. Plus ,one of the author's worked as an editor which causes me to think she might have come across my manuscript at one time. I need to know if I have a case and the procedure to follow if I do. Thanks

Am I violating copyright laws.

I am in the process of building a website, for now at the domain I would like to place a home page that has the website logo and a pre sign up form. When you connect to the home page music will begin to play from a random list of music tracks that are stored in my server. All the music tracks are from well now artist and are protected by copyright. I will not be selling any music tracks it will just play when you�re on the home page, to add to the theme of the site. Will I be violating any copyright laws.

Eviction/Small Claims

I am very interested in finding out about the steps that I may need to be taking to get the money that a Judge had awarded me in an eviction proceeding held in November 2206. The Judge granted the back pay of rent of $2350.00 and while they were given that very day to have their personal belongings out they vandalized the home and left it in poor shape, alot of personal belongings had been removed from the home that was mine. Approximatley one week and a day later as I was driving by the residence it had been ingulped in flames. Just restoring the electric lines from being split in half in an ice storm I was to that Monday establish my electric and Homeowners insurance. The place had absolutley NO electric running into it. The foot by foot footage that I had taken on digital camcorder had prayfully became some type of source in the investigation of the fire. I have contacted the Maries County Courts where the eviction had taken place the Judges Secretary had informed me that even though the Judge had granted me the set back rent that I would need to contact an Attorney in obtaining advice on how to see Justice through the Courts. Enableing me to also recieve the money that the Judge had granted them for the repair to the home.

Common Law Trademark Rights and Commerce

I am a musician and want to create two trademarks, one for a record company I am creating and also one for a nickname I am using for me in my music. I posted my first song as an album single at a site for musicians to post and if they want to sell their music. I posted the song under the nickname I created and the record company label I am using, however I am not selling the song for anything. Rather it is a free download for promotional purposes. Does this count as using my nickname and record label publicly in commerce for a common law trademark?

''Nonexistent'' Corporation filed an injunction on me?

Here's quick run down. I sent a letter of cease and desist to a trademark infringer who is infringing on my Trademarked name. (Common law, I used the name in commerce 4 years before they did.)

They responded with an injunction stating the name is generic and for me to leave them alone, they claim I have no legal hold on the name... I responded with a lawsuit for trademark infringement.

I prefer not to give out any names, so lets just say this infringing corporation filed their injunction on me under the name of (Diamond Jims Bicycles LLC ) located in N.J.

This weekend we learned there is no such corporation registered in the state N.J, it simply does not exist. N.J. State records indicate the name has never been registered in any way shape or form.

My question is this.

Would the plaintiff still have a legal case for their injunction if their so called corporation is bogus and does not and never has existed? This corporation is nonexistent, so would this make their injunction served on me NULL & VOID?

Also, would there be penalties for a bogus corporation to do such a thing?

I hope someone has an answer for me....

thanks much!

items left by ex-girlfriend

My ex-girlfrind moved out of my house 11 months ago. She left items and has made no attempt to get them. Am I able to remove them without her permission after 10 months?

Book Publishing

I have written a book involving relatives & others who, for the most part, are deceased. Dialogue has been ascribed to them in this book. There are no living relatives that would know if what I have written is true or not. However, I do want to set the record straight...all information I have written was taken from diaries and journals of my own close relative who is deceased. Do I need an attorney or should I seek out persons to verify any quotes I have ascribed to the characters in my book? I have taken the precaution of changing names, places and events for the benefit of those who are still alive.

Video Copyright

If one does a video showing how to play a song on a musical instrument, do you need the consent of the song writer? The song would be played in parts showing how it's done.

copyright and ownership of photographs

My husband has a collection of photos that used to belong to his ex-wife. She is the model in the photos. Messy divorce, blah blah, and now they don't speak. The ex-wife forgot about the prints and because of the divorce terms (that everyone has their stuff, and no further division would be made), technically now they belong to my husband. (she has retained several things since the separation that were clearly his, citing that they are now hers because of the terms of the divorce settlement)

Anyway, the ex is now demanding that the photos be returned to her stating that they are unauthorized copies & that she is the owner of the copyright . I could not find a record of any copyright under her name. we are not certain who the photographer was. the pictures are from years ago (the '80s) and I'm pretty sure the negatives were destroyed by our basement's moisture problem, leaving just these prints as the only record of the images.

Does my husband have rights of ownership of the actual original hard-copy prints, the ones in our possession that were printed in the '80s? And most importantly - who owns the copyright if these prints are the only remaining identifying material for this copyright?

Thank you so much!

Wedding Videography

Is it legal for a family member to video tape a wedding ceremony? What about a wedding reception where a dj plays copyrighted music? Could this be acceptable if the videos are seen as ''documentaries''? Can copyrighted cd's be played during wedding ceremonies without a license?

Whose Liable

I am a graphic and web designer. If a client of mine gives me copyright material to use in a job I am preparing for him who would be held liable?

Also, If I was employed a the employer asked me to take copyright material off the web who would be liable?

Some one else's logo on my website

I am a a company that supplies Hydrogen energy. I would like to link to some general hydrogen association sites. Can I use their logo without asking them as a link to their site.

Does it make any difference if I am a member of the association?

Copyright Suit Pending

I am an as yet unidentified j o h n d o e who posted copyrighted materials from a firms internal documents online.

This is a major company with a high priced legal firm representing them in Federal Court.

I do not have sufficient funds to hire a big name or even a medium name legal firm to combat them.

What would the consequences be if I were eventually served in the matter, and I just ignored the subpeona?

Intellectual property

While working for my present company I have developed a process to make a very unique medical device. I am the only one in the company that knows the process. The device is now selling very well and I asked for a pay increase. They now want me to document the process in case I would get ''hit by a bus''. Do I need to give them the process?

Ownership

I publish a monthly Antiques & Collectables newspaper. I furnish an indepent contracter pre-press guy with materials for each issue. He then prepares them for the printer.

Who owns the meterial the Publisher or the pre-press guy