Landlords, Think Twice About Signing a Written Lease With Your Tenant.

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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 […]

Copyright Infringement – What Constitutes Fair Use?

fair use

         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 […]

Landlord Tenant Eviction Process: How To Enforce a Judgment of Possession and a Warrant of Eviction

landlord tenant new york

     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 […]

Two Simple Steps to Protect Your Photos From Being Stolen on the Internet

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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 […]

The Other Side of the Story: Motion to Dismiss Filed in Nancy Genovese Case

nancy genovese motion to dismiss

   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 […]

I Want to Use Music in My Film. Do I Need a License, and if so, What Kind of License, ….and While We’re At It, Where Do I Get It From, and How Much Does It Cost?

license music for film

       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 […]

Buh Bye Credit Solutions of America. New York Won’t Miss Ya.

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       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, […]

The Upcoming Legal Battle Between Kickstarter and Artistshare

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         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 […]

Lawsuit Defends Right to Film Police in Suffolk County

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. 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 […]

$450 million Cablevision Class Action Lawsuit Allowed to Proceed on Breach of Contract Claim

cablevision_lawsuit

           A Federal Court Judge in Central Islip held Wednesday that a group of Cablevision subscribers who filed a $450 million dollar class action lawsuit against Cablevision after they were denied the opportunity to watch part of the 2010 World Series were allowed to proceed with their breach of contract claim […]