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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Page 15 of lawyers' answers to legal questions.
It's unclear whether you have an attorney to represent you in this matter. Insurance companies do not take unrepresented party seriously. If you want to maximize your recovery, retain an attorney on contingency fee, which means you pay nothing unless you win. If you cannot find an attorney to take your case, then you can reach out to one of us privately on this website to help you find an attorney who will.     ... Read Answer
It's unclear whether you have an attorney to represent you in this matter. Insurance companies do not take unrepresented party seriously. If you want... Read Answer

i need a lawyer to sue a funeral home

Answered 9 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
Did they admit that they were at fault? It's unclear from your facts if they did something that was negligent.   
Did they admit that they were at fault? It's unclear from your facts if they did something that was negligent.   

How to Copyright music?

Answered 9 months ago by attorney Eric James Estadt   |   1 Answer   |  Legal Topics: Copyrights
Please be aware that the US Copyright Office's current position on Artificial Intelligence is that human authorship is required. What this means is that while the Copyright Office will accept works in which you have used AI as a tool, it will not accept works where AI has created the expressive content. In other words, if you have written your own music and instructed AI to modify the music in some way, that is likely registrable. If instead you provided some textual prompt to the AI and had it generate music based solely on your instructions, then that is likely not registrable. Obviously there is a complicated gray area in between those, but to the extent that your creative contributions cannot be separted from those of the AI, the work will be ineligible for registration.   Please also be aware that there are two types of music copyrights available. The "musical work" covers the song's composition and lyrics, usually created by a songwriter or composer. The "sound recording" is the actual recorded song, usually created by the performer or the producer. In either case, you would need to specify in the copyright registration application the portions of the work that you created yourself that are original to you, and the portions that you did not create. As mentioned above, to the extent that the AI tool generated the "music" (either the composition or the actual sound), you would not be able to claim authorship. ... Read Answer
Please be aware that the US Copyright Office's current position on Artificial Intelligence is that human authorship is required. What this means is... Read Answer

Looking for help on Trademarks , LLC , Copyrights

Answered 9 months ago by attorney Eric James Estadt   |   1 Answer   |  Legal Topics: Copyrights
Do you already have an existing work that you are seeking to publish? Or is this a concept that you are seeking to hire illustrators or animators for?   If you already have an existing work, please be aware that you have copyright protection in that work the instant it is created. This means that you have actually written, drawn, animated, recorded, etc. the story; it is not enough to have merely thought about the "idea" or "concept" of your story. It is not necessary to register the work immediately, but there are significant advantages to doing so, and the government fee is only $65.   If your work is not complete yet, then no copyright protection exists until you actually create a tangible work product such as a text or a video. There is no "registration" you can obtain for mere concepts or ideas.   If you are seeking a professional such as a writer, illustrator, or animator to make something for you, then it is critical to understand how authorship/ownership rights are established. In short, if you want to be considered the sole author and owner of the work, then it is necessary for you to have a written agreement with the professional that explicitly states that the work will be considered a "work for hire" and that the professional will not obtain any rights. If you fail to do that, the professional will be considered the author of the work and will have the initial copyright ownership in the work, and this can create major complications for you down the road.   It may be helpful to have the professional sign a nondisclosure agreement that would forbid them from using the information you discuss with them (such as your characters and story) to create a competing story. However, not all professionals will be willing to sign such agreements.... Read Answer
Do you already have an existing work that you are seeking to publish? Or is this a concept that you are seeking to hire illustrators or animators... Read Answer
Unfortunately, there is nothing you can do to proactively immunize your invention from a secrecy order. All patent applications are reviewed to determine whether they implicate national security interests, and the various defense-related agencies issue the secrecy orders. Once you file your patent application, you subject yourself to the government's process. However, without knowing more about the invention itself and how it might implicate national security, it is impossible to predict whether it might be flagged for a secrecy order by any given agency. It is even possible that your invention may be subject to a secrecy order that is later lifted.   You may be able to avoid this altogether by protecting the invention as a trade secret instead. Unlike patents, trade secrets do not expire as long as continue efforts to maintain secrecy and the secret itself continues to have commercial value by not being publicly known. However, you cannot prevent someone else from using your trade secret if they develop it independently without violating your NDA. You can license your trade secret, but you will need to make ongoing efforts to ensure it remains secret.   That said, you need to ensure that you will not be violating any export control laws by disclosing the trade secret to entities with foreign ownership or control. The Bureau of Industry and Science (BIS) includes an FAQ regarding encryption technologies in particular that may be helpful here.  Encryption FAQs... Read Answer
Unfortunately, there is nothing you can do to proactively immunize your invention from a secrecy order. All patent applications are reviewed to... Read Answer

What are the possible repercussions of this incident? If i get a ticket in the mail can i fight this in court?

Answered 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
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No possible way to answer such a question as there are too many variables. Obviously, the other driver doesn't share your version of what occurred and the notion that you had to go the wrong way in a round a bout and apologized profusely suggests you are down playing your role in what actually occurred. This sounds likea road rage incident that thankfully did not escalate beyond cross words. ... Read Answer
No possible way to answer such a question as there are too many variables. Obviously, the other driver doesn't share your version of what occurred... Read Answer
Good morning,   Under New York law, the house would be considered a marital asset.  Anything purchased during the marriage is presumed to be a marital asset.
Good morning,   Under New York law, the house would be considered a marital asset.  Anything purchased during the marriage is presumed to... Read Answer
You need to retain an attorney to help you with this case.  
You need to retain an attorney to help you with this case.  
No attorney can interpret the terms of a contract without reading it in its entirety. That said, none of the provisions you mentioned are illegal or unenforceable. Those are all fairly standard clauses. The only one that is an issue is the attorney fees clause but the courts only enforce it if the landlord prevails. Their inclusion in your lease is not a basis for terminating the lease.... Read Answer
No attorney can interpret the terms of a contract without reading it in its entirety. That said, none of the provisions you mentioned are illegal or... Read Answer
If you had injuries that were caused by his conduct, then you may have a claim for damages. A potential recovery source would be any homeowners insurance that he has on his home or renters insurance that he has if he rents. Discuss your case with an attorney here in the state of Florida about contingency fee representation.... Read Answer
If you had injuries that were caused by his conduct, then you may have a claim for damages. A potential recovery source would be any homeowners... Read Answer

Johnson v Davis Law - non-disclosed real estate defects

Answered 9 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Real Estate
OK, so if a seller fails to disclose a material defect that he knows or should know about the home and the buyer is not expected to know of this defect upon a reasonable inspection, then the buyer can sue the seller for the damages that were caused by the material omission. Additionally, you could also sue the sellers broker if the sellers broker knew or should've known of the condition, but failed to report it to you. Finally, you may also be able to sue the home inspector that you hired prior to closing. You should consult with an attorney here in the state of Florida About possible representation. Keep in mind that there is a statute of limitations that you need to comply with or else you will be forever barred from seeking and relief in court        ... Read Answer
OK, so if a seller fails to disclose a material defect that he knows or should know about the home and the buyer is not expected to know of this... Read Answer
Medical malpractice cases are a high hurdle—they’re expensive to pursue and require meeting strict thresholds before you can even file. That’s likely why multiple attorneys have declined to take your case. A stronger angle may be whether your broken wrist was caused by a third party you could sue directly. Even if there’s a theoretical malpractice claim, the original tortfeasor, the person who caused the broken wrist( if there is one) , would typically be responsible for those damages caused by a negligent doctor. ... Read Answer
Medical malpractice cases are a high hurdle—they’re expensive to pursue and require meeting strict thresholds before you can even file.... Read Answer

Family

Answered 9 months ago by attorney Stephen Arnold Black   |   1 Answer
Yes your daughter can evict her boyfriend even if he's been there for 5 years.     
Yes your daughter can evict her boyfriend even if he's been there for 5 years.     
Yes, you may have a case against the bar—even if it’s closed—based on negligent security. You’re approaching the statute of limitations for personal injury in Colorado, so it’s important to act quickly. You should hire an attorney on a contingency fee basis, meaning you don’t pay unless you win. We can’t solicit cases through this platform, but you’re welcome to research our backgrounds and reach out privately with one of us.        ... Read Answer
Yes, you may have a case against the bar—even if it’s closed—based on negligent security. You’re approaching the statute of... Read Answer
Yes you might have a case depending on additional facts. Can you prove that you told them about the dangers of the tree before the accident? If so was it just a verbal notice or written notice? If verbal, were any witnesses present when you gave it? This platform prohibits attorneys from soliciting your case, but you can reach out to one of us privately after you've researched our backgrounds.... Read Answer
Yes you might have a case depending on additional facts. Can you prove that you told them about the dangers of the tree before the accident? If so... Read Answer

Claim against funeral home

Answered 9 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
Yes, you may have a case. Only immediate relatives of a decedent who has been treated with disrespect during the funeral home process can have a claim. Hopefully the new funeral home took photographs that can prove the tortious interference with the decedent. This platform prohibits attorneys from soliciting cases from those posting questions, but you're welcome to research your background and reach out to one of us privately. ... Read Answer
Yes, you may have a case. Only immediate relatives of a decedent who has been treated with disrespect during the funeral home process can have a... Read Answer

I got jumped at a bar in the parking lot. Do I have a case

Answered 9 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
Yes, if the bar failed to provide adequate security to protect its patrons, you likely have a strong premises liability case based on negligent security. This remains true even if the bar has since closed. Most bars carry commercial liability insurance, which can still provide coverage even after the business ceases operations.       ... Read Answer
Yes, if the bar failed to provide adequate security to protect its patrons, you likely have a strong premises liability case based on negligent... Read Answer
Technically, it is illegal to stalk somebody online, in person or through the phone lines and a criminal prosecution could be brought against you under state law stalking statutes. I think you should just put this behind you and forget about her. If you call her again, she will likely file a police report and you don't need that. Just don't call her anymore and forget about her.... Read Answer
Technically, it is illegal to stalk somebody online, in person or through the phone lines and a criminal prosecution could be brought against you... Read Answer
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You will need to contract lawyers directly to address this issue. Simply declaring a wrongful eviction does nothing to explain what happened or whether you are even correct. Try local legal aid in your area first. 
You will need to contract lawyers directly to address this issue. Simply declaring a wrongful eviction does nothing to explain what happened or... Read Answer

Can I cancel a written contract due to breach of contract by the lessor?

Answered 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Possibly, but it seems the breach as already effected that. You need to hire a lawyer to address this issue immediately. 
Possibly, but it seems the breach as already effected that. You need to hire a lawyer to address this issue immediately. 

Can you disinherit a disabled adult child in Arizona

Answered 10 months ago by attorney Jack V. Brooks, Esq.   |   1 Answer   |  Legal Topics: Estate Planning
Good Morning, Ms. Crawford: Can a parent disinherit a disabled adult child in Arizona? In short, yes. People are generally free to leave their material wealth to whomever they want when they pass, or, conversely, to disinherit whomever they want. Absent some other agreement, court order, or contract to provide continued support the father is free to disinherit his son. However, disinheriting a biological child generally means that the decedent needed to have an estate plan (will or trust-based) wherein the decedent specifically names the child to be disinherited and that said child is being disinherited. Otherwise, your son can petition the court for his share of his father's estate, if there is anything to distribute. Do you know if the father had an estate plan?... Read Answer
Good Morning, Ms. Crawford: Can a parent disinherit a disabled adult child in Arizona? In short, yes. People are generally free to leave their... Read Answer
In Ohio, the age of majority, or the age at which a person is legally considered an adult, is 18 years old. This means that at 18, individuals gain control over their own actions and affairs and are generally held responsible for their decisions. You're 17 now. Why don't you just wait until you're 18 and at that point you're an adult and can be automatically emancipated.           ... Read Answer
In Ohio, the age of majority, or the age at which a person is legally considered an adult, is 18 years old. This means that at 18, individuals gain... Read Answer

How much longer do we have to wait

Answered 10 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Immigration
This is a textbook case where an I-601 waiver will be required to overcome inadmissibility based on concealed intent. It’s Immigration Law 101 when preparing clients for a marriage-based green card interview. Let this be a lesson to you, your wife, and anyone reading this: had you retained counsel from the start, you likely wouldn’t be in this situation. Now, you’ll probably need to file the I-601 waiver, and she will be required to leave the U.S. and attend her interview at the U.S. consulate.     ... Read Answer
This is a textbook case where an I-601 waiver will be required to overcome inadmissibility based on concealed intent. It’s Immigration Law 101... Read Answer
OK, I'm really sorry about this incident. I hope you get better. So there is no automatic liability if you were injured on another person's property. The injured party has to prove that their damages were caused by the negligence of the property owner or property manager, it does not appear from your fact pattern that they did anything negligent to cause your damages. If they do have a homeowners insurance policy, usually there's always a med pay portion that they will tender provided that a person was injured on the property and you suffered damages. However, that being said, you should still search for an attorney in Colorado as there could be liability based on some kind of clever argument that they gave you a tool that they knew or should've known was defective and you had no knowledge that this tool was defective. There could be other arguments you could make, but that's just one off the top of my head.    ... Read Answer
OK, I'm really sorry about this incident. I hope you get better. So there is no automatic liability if you were injured on another person's property.... Read Answer
What you have on your hands is commonly termed by estate planners like me asa "blended" family with children from a prior marriage as well as possibly children from a current one.  It will takesome creative but common structuring to ensure everyone is provided for and that the current spouse/executor/trustee has an interest in ensuring that your children from the prior marriage are not disregarded.  The use of various trust structures may likely be beneficial for you to look into.  I recommend using the Find a Lawyer sextion of this website or contact your local county bar association for a referral to an estate planning attorney.... Read Answer
What you have on your hands is commonly termed by estate planners like me asa "blended" family with children from a prior marriage as well as... Read Answer