 John asks: As the President of my company, am I personally, legally
responsible for an act of copyright infringement? Can a license holder
go after my personal assets for a violation a few years ago if the
corporation is currently defunct?
Back in 2003 when I was trying to start a web design business a
fly-by-night designer created a site for me that included about 8
stock images. He told me they were paid for and I didn't ask questions
(I have no record of that transaction). Turns out they are Getty
owned, and they sent me a letter a few weeks ago -- with a settlement
for for $20,000 in damages.
The site has not been up for 2 years. I gave up the business about 4
months after the site went live. I had set up a NY State S-corporation
for the business, where I am the president. I paid the hosting fee out
of company funds. The corporation still exists but has only $400 in
assets. Am I protected? Can I shut down the business and avoid
personal liability?
Milo asks: I am devastated. Can you explain what the poor man's
copyright is in detail? I would appreciate any advice on what my legal
rights are to any music I have written. I am a singer/songwriter and
was just "let go" from a band, just starting out, that I helped
create. For the past nine months I have been writing lyrics and
melodies. I would then meet with the pianist in the band and together
we would compose the accompaniment. They want to take my songs. ( I
almost wonder if that was their intention all along) I want to know my
legal rights to my music.
Nancy asks: I was filmed at a restaurant without my consent and now i
am featured in an ongoing commercial. I am asked regularly what my
affiliation is with this restaurant and I believe it to be
discrediting to my profession as an outside sales professional. What
are my legal rights? Can I sue the video production company? Should I
approach the restaurant and ask that they tell the video company to
stop running the commercial? The most frustrating part of the whole
thing is that I myself have not seen the commercial but vaguely
remember a film crew at the restaurant. Way too many people
(friends/strangers/business acquaintances) have said that they saw me
on this commercial so I know it is not a case of mistaken identity.
Please help.
Glen asks: It is my understanding that when a child poses in a
seductive manor that is child porn. I just saw a commercial for E.T
that shows the picture which Vanity Fair will run of Miley Cyrus.
Without question these pictures are seductive in nature and were meant
to be so. My question is, how did VF get around the child porn laws?
Robert asks:I PERFORMED IN A MOVIE THAT WAS FILMED LAST YEAR AND I
JUST RECENTLY FOUND OUT THAT THE PUT THE WRONG NAME ON THE CREDITS CAN
I SUE?
Videopro asks: We are a very small startup production company making
entertaining DVDs for home video. as part of the project, we are
creating foreign language versions (voice overs) and were thinking of
using someone who is a member of AFTRA. We are obviously a
non-signatory company and would not be able to pay typical union
wages. Do we have any liability in using an AFTRA member if we create
a contract together? I'm hoping to get this questioned answered - any
other resources anyone can suggest?
Eric asks:I recall that video monitoring in public places is
permitted, but audio is not. Stores, for example, may record video in
public areas in their stores but not the associated audio.
Am I wrong?
Craig asks: I made two video recordings of a recording artist concert.
I never signed a contract with the manager nor with her (the recording
artist) all was done cash upon delivery 50% in advance and 50% upon
delivery of the "video" DVD. The manager and artist rep. are going
ghetto on me arguing that ALL FOOTAGE is their property including all
footage taken out on editing! They also do not honor the cash payment
we spoke about for this job. They are asking for all footage and I get
some money IF NOT I get sued (according to what they mention on an
email)
What are my rights?
Show notes
Gordon Firemark's
website
Theater Law
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