Questions and Professional Answers

• Copyright & Permissions

  I am writing a college text which involves hundreds of sources-- research & data, articles, books.Is this fair use for education?Is it necessary to obtain permissions or are citings in footnotes and bibliography adequate?

  • Re: Copyright & Permissions

    Citing in footnotes and bibliographies does not affect whether a use is infringing. From your question, it is impossible to tell whether your uses of the material are fair use, but see Section 107 of the Copyright Act. To the degree that "data" is just that, it is not copyrightable (but the way it is presented may be). And remember that "ideas" are not copyrightable -- only the expression of those ideas may be. It is quite common for authors to cite sources in footnotes and bibliographies without copying anything from those sources other than ideas.If you want to have your book published, the publisher may be a good resource for you. No publisher wants to be sued for infringement, and some may even draw the line too narrowly just to avoid a dispute. If you plan to self-publish, then I suggest that you at least take a few representative samples of your quotes to an attorney for review.

    John Mitchell
    Interaction Law
    1629 K St., NW, Suite 300
    Washington, DC 20006

• Google Brand and permissions

  Can I put ''Google'' in my Slogan, for example: ''All Google's Features on One Page''I have read the permissions, I am confused because they say put * and also say put ''TM'' or ''SM'' , what do I have to put on my slogan?Thanks

  • Re: Google Brand and permissions

    Trademarks (or service marks) are all about the possibility of confusing the customer about the source of the goods/services. By way of example, if I call my business Sam's BMW Repair, there is a strong possibility that people will get the impression that my business is affiliated with BMW or at least certified by them as an official repair garage. That would be a problem. On the other hand, if I ran a business called Sam's Auto Repair and state We Repair BMWs on the sign, I would not be causing any confusion and so the use would be okay. You have to ask yourself whether the way you are advertising your business will make Google feel threatened that the consumer will think there is an affiliation. Without having read the Google permissions, I think they are probably saying that if you use the word Google in an accepted manner, you should indicate that Google is a protected service mark that doesn't belong to you. That is what is typically done.

    Cathy Cowin
    Law Offices of Cathy Cowin
    2344 Tulare Street, Suite 300
    Fresno, CA 93721

• Embedding Sites with iFrames without permissions

  Can I embed sites in iFrames to my Site even if I do not own them? I do not modify the original sites. The sites owner only gets more traffic. Is it legally right? Can I embed sites without asking permissions?

  • Re: Embedding Sites with iFrames without permissions

    I'm sorry, but I don't know what iFrames are. I do not understand the question enough to give you an answer.

    Sarah Grosse
    Sarah Grosse, Esquire
    sarahgrossejd@hotmail.com
    New Port Richey, FL 34655

  • Re: Embedding Sites with iFrames without permissions

    Do you mean the source code? The html codes or "metatags"? If so, it matters WHY you embed other sites in your source code. Diverting internet traffic using source code tags is not illegal in itself (I don't think), but it can get you into trouble depending on specific facts. Specifically, it matters whether the sites you are diverting to WANT the traffic or not; it also matters whether the tags are diverting internet users away from their intended targets. You will need to elaborate to receive a better answer.

    Sarah Grosse
    Sarah Grosse, Esquire
    sarahgrossejd@hotmail.com
    New Port Richey, FL 34655

• Copyright and selling internationally on the Internet

  I am publishing a book compiled of extracts from other works and am seeking permissions from other publishers. They usually specify the "territory" within which one can "distribute" the work, for example "US, Canada & Philippines" only. I am based in California, and the books will be located and mailed only from this location, but I plan to market the book on the Internet. This could well generate sales in other english-speaking countries (Europe, Australia etc.). Does the publishers' restriction apply to the place from which ones sells the books, or the places where one sells to? This makes a great difference as to how many permissions one needs to get (just USA or other countries too), & hence the time & costs involved.

  • Re: Copyright and selling internationally on the Internet

    Taking orders from England (or other country outside your prescribed territory)and sending books to England would likely violate a territorial distribution agreement that does not include England. The normal solution is to sell to someone in the USA(a reseller) and that person fills the European order without any involvement, knowledge or participation on your part. This is the so-called "gray market."

    Bruce Burdick
    Burdick Law Firm
    3656 Western Ave.
    Alton, IL 62002-3156

• preclusion

  A preclusion order was sighed against my friend in a divorce manner, after his lawyer skipped town on him, we went over the court papers. We found that in the motion papers there were two things involved, an order to shown cause to keep him from signing an renewal lease on his apartment (his wife got an order of protection against him for 2nd degree harrassment and had him excluded from the home with the help of the man she was having an affair with, which he has on tape from the answering machine) andrequest for documents which he had all ready given them and for documents that were in his home under the control and possesion of his ex. He has filed his networth statement with the trial support office, she did not, he has since sighed permissions for her to get whatever info she wanted, she has yet to hand over or file any fianancial statements. Since he has sighed he permissions that they wanted is he still preclueded from given testimony at the trial for equitable distribution? What can be done?

  • Re: preclusion

    Since you are not the client, and I am not the attorney, I am reluctant to speculate with you here about what may have happened in this case.Suffice it to say that you friend has a serious problem and needs a lawyer who will work with him (and for him). He may be entitled to a refund / reimbursement from a State Fund for fees paid to his former attorney.I practice in NYC and Long Island. If that is where he is located, suggest you ask him to call me to schedule a consultation. I would want to see the court papers and speak with your friend before giving him any case-specific advice.(516) 741-7799 / web: www.BravermanLawFirm.com

    Jonathan J. Braverman
    Jonathan J. Braverman, Attorney & Mediator
    114 Old Country Rd. / Suite 630
    Mineola, NY 11501

  • Re: preclusion

    If your friends case is going to have an equitable distribution trial, he needs to get another attorney. Equitable distribution is complex at best, and he should have skilled counsel. If his attorney "skipped town" he should file a complaint with the local Grievance Committee. He can call the local courthouse to find out how to reach the Grievance Committee.

    Amy L. Finch, 845-362-0387
    Amy L. Finch, Attorney and Counselor at Law
    280 Midland Ave, Saddle Brook, NJ 07663
    P O Box 89, Theills, NY 10984

• College Principal rights

  can police enter in to the collge without pricipal permissions or complaints

  • Re: College Principal rights

    police has right to enter anywhere provided they have search or production warrants issued by the court having competent jurisdiction.

    RAJIV GUPTA
    Rajiv Gupta & Associates (Cell: 9811284735) lawyer_rajiv@yahoo.com
    (lawyer's Chamber No: 359, Western Wing, Tis Hazari Courts,
    Delhi, India., NU 110054

  • Re: College Principal rights

    Yes the police can enter a college premise or even the Principal's room for that matter, for the purpose of investigating an offence.

    Sudershan Goel
    Attorney-at-Law (India)/International Visiting Scholar
    Sureme Court of India/University of North Carolina at Chapel Hill
    Usa / New Delhi, NEW DELHI 110001

• under divorce by mutual consent

  Can court permit mother to take child out of country without permissions of the father

  • Re: under divorce by mutual consent

    Yes, the court can grant permission; what to talk of "permission", even consent of father is not required by the court for deciding custody and travel of a child with the mother.

    Sudershan Goel
    Attorney-at-Law (India)/International Visiting Scholar
    Sureme Court of India/University of North Carolina at Chapel Hill
    Usa / New Delhi, NEW DELHI 110001

  • Re: under divorce by mutual consent

    yes,but you have to take permission from court.

    sidharth Advocate
    INDO-GLOBAL JURISTS
    255 AGARWAL MODERN BAZAR , C-33 KESHAVPURAM INDUSTRIAL AREA, DELHI-35
    Delhi, NUS 110035

• reversal of parental termination

  Mother has full parental rights to child. Father went to prison for domestic abuse and court terminated his parental rights. Can his parental termination be reversed?

  • Re: reversal of parental termination

    Doubtful.There are a handful of cases where a termination was set aside, but each case required a jurisdictional or constitutional violation. An attorney would need to carefully review the record and the transcripts to give a viable opinion.

    Theresa Langford
    Langford Law Firm
    PO Box 866354
    Plano, TX 75086-6354

• Testimonial use permission

  I would like to use the thank you cards and letters from my clients in a testimonials page on my website. What kind of permissions do I need to get to do this? Is there a statute of limitations?

  • Re: Testimonial use permission

    Rhetorically, why would you want to publish thank you letters without your client's permission? By publishing them without permission, you may:1) Tell the public about your private relationship;2) Expose a communication where the other person may have had a social expectation of privacy;3) Potentially reveal your client's confidential information; and4) May make your client upset.Any of these may cause you to lose your client. On the other hand, if you ask for your client's permission to publish, you will further honor your client by respecting them and valuing their relationship. Also, if a website-visitor directly contacts your client after reading your client's letter, then your client will be prepared for that sort of contact (and not surprised). Given all the advantages and disadvantages, why not just get permission? It is easy to do, just ask. Follow up with a letter. This is not legal advice, just information about good business practices. To provide legal advice (for example, about statutes of limitations), there must be sufficient information about the actual facts to properly apply the law to a situation.

    Andrew Lahser
    Law Office of Andrew P. Lahser, PLC
    13239 N. La Montana Drive, Suite 215
    Fountain Hills, AZ 85268

• Restoring parental rights

  I was wondering if it was at all possible to have parental rights restored and if so would this cause an adoption to be over turned.I voluntarily gave up my parental rights 7 years ago while my children where in foster care. I feel that coerced into doing so. I would like to have my parental right srestored and regain custody of my children.

  • Re: Restoring parental rights

    I would think it unlikely, even if you could prove that you were coerced into giving up your parental rights that you could get them back after 7 years. First, before the issue of how you came to give up your rights you'd have to over come the doctrine of Laches. That is you had to bring a timely challenge to the adoption. Seven years is a long time. Even if the court didn't bar you from bringing up a challenge to the adoption you would have to show that it would be in the best interest of the children to uproot them from a home they have known for 7 years to be returned to you. Courts tend to go with the status quo unless there is a real good reason to change things. Based on what you said in your question I see no compelling reason for the court to come to the conclusion that it would be in the best interests of the children to overturn the adoption. {John}

    John Davidson
    Law Office of John A. Davidson
    107 North Front Street Suite 117
    Harrisburg, PA 17101