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Many landlords feel a need to memorialize in writing almost every word exchanged with their tenants. But is having a written lease agreement really in the landlord’s interest? Written agreements are vital in commercial leases, and they are important for corporate landlords who own apartment complexes. But for the most common [...]
There are few issues more controversial, divisive, and misunderstood at the moment than the scope of the fair use doctrine as a defense to copyright infringement. Let’s take a look at exactly what “fair use” means, and under what circumstances using someone else’s material constitutes fair use. The defense to [...]
In both Nassau and Suffolk County, when a landlord goes to court to evict a tenant, the landlord is seeking legal authority to have an enforcement officer physically remove the tenant from the rental premises, restoring possession to the landlord. The landlord is also seeking the authority to attach certain of the tenant’s [...]
I see the same scenario all the time. A photographer posts some of their best pictures on their website, facebook, or Flickr. Several months later, they open a magazine and see their photo used in an ad, find their photo for sale as a poster on a website, or find their photo elsewhere on the [...]
A motion to dismiss was filed recently in the Nancy Genovese v Town of Southampton case (Mother of 3 Arrested for Taking Pictures of Tourist Attraction at Airport). The motion seeks to dismiss the complaint against the Town of Southampton and former Southampton Town Police Lieutenant Robert Iberger, and FINALLY reveals the the town’s [...]
Robert Iberger, the Southampton Town Police Lieutenant at the center of the Nancy Genovese case (Mother of 3 Arrested for Taking Pictures of Tourist Attraction at Airport), has officially retired. May 1, 2012 was his first day of retirement, after 32 years on the job. He walked away with a $215,483.44 [...]
Well, there’s no simple answer to this one. There are many types of licenses, with various degrees of scope dependent on use. If you’re pairing someone else’s music with your moving images (i.e. using someone’s recorded song in your movie), you would most likely need TWO licenses; a sync license, and a [...]
Credit Solutions of America, Inc., a Dallas, Texas-based credit services business, has been permanently enjoined from engaging in business dealings with the consumer public and from doing business in the State of New York. The Attorney General of the State of New York sued them, claiming they were engaging in fraudulent, deceptive, [...]
Things are picking up in the case between Kickstarter, Inc. and ArtistShare, Inc. and Fan Funded, LLC which should determine whether Kickstarter is infringing on ArtistShare and Fan Funded’s crowdfunding software patent, or if ArtistShare and Fan Funded LLC are just being over-aggressive strong-armed salesmen. Kickstarter, Inc. recently [...]
. Wednesday at 1:00 PM in Central Islip, the New York Civil Liberties Union, the National Press Photographers Association, and a law firm representing a commercial videographer will hold a press conference to announce a legal action regarding Suffolk County’s policy and practice of obstructing the First Amendment right of the press and the public [...]
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