Can someone recommend an IP lawyer?

14 replies
Hello,

Please can someone recommend an IP lawyer in the USA?

I'm not in difficulties, but before starting my project I want to make sure
that in this case using still photos from movies is covered by the
"fair use doctrine" of the copyright law.

Many thanks!
#copyright #fair use #ip lawyer #lawyer #recommend
  • Profile picture of the author Jason Kanigan
    View Profile: bobsilber is an attorney and I use the copyright page for ebooks that he donated to the War Room.

    That's where I'd start.
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    • Profile picture of the author Tyler Pratt
      try legalzoom dot com, see if they can help you find one.
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  • Profile picture of the author OnlineStoreHelp
    Originally Posted by summerlong View Post

    Hello,

    Please can someone recommend an IP lawyer in the USA?

    I'm not in difficulties, but before starting my project I want to make sure
    that in this case using still photos from movies is covered by the
    "fair use doctrine" of the copyright law.

    Many thanks!
    What is your budget. The top IP Lawfirms are charging close to $1,200 an hour. You might be better off finding someone local if you can.

    Start here:

    Lawyers Find A Lawyer, Law Firm, Attorney & Legal Services: martindale
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  • Profile picture of the author yragcom1
    This page spells out Fair Usage, and it's cheaper than a lawyer:

    What Is Fair Use?
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  • Profile picture of the author summerlong
    Thank you for your answers!

    @ OnlineStoreHelp:
    Oh, $1,200 an hour -- sorry, I forgot to mention I was looking for an inexpensive IP lawyer.
    Lawyers Find A Lawyer, Law Firm, Attorney & Legal Services: martindale Which state would you recommend for finding an inexpensive one?
    (It makes no sense to find someone local, because I'm in the UK
    and the film companies are all in the US.)

    @ Jason:
    I'm not/yet a War Room member. I visited FTC Legal Forms For Your Web Site and
    don't like this kind of fearmongering. How much does he charge per hour?

    @ Tyler:
    Ok I'll check this out.

    @ yragcom1:
    I've already read the page you mentioned and also "Fair Use" Doctrine
    which I found even better, however in my case it's not easy to interpret the situation correctly,
    and I'm afraid only an IP lawyer could exclude all possibility of doubt.

    Thanks again.
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    • Profile picture of the author OnlineStoreHelp
      Originally Posted by summerlong View Post

      Thank you for your answers!

      @ OnlineStoreHelp:
      Oh, $1,200 an hour -- sorry, I forgot to mention I was looking for an inexpensive IP lawyer.
      Lawyers Find A Lawyer, Law Firm, Attorney & Legal Services: martindale Which state would you recommend for finding an inexpensive one?
      (It makes no sense to find someone local, because I'm in the UK
      and the film companies are all in the US.)
      If you are in the UK then you should be talking to a UK lawyer, not a US lawyer. Copyright laws very country to country and what works in the US does not necessarily apply in the UK. Even a Hollywood company has to follow UK and EU copyright laws. Look at the recent hubbub about geo-blocking in the EU, that is a very EU specific legislation and rules that would not apply to the US.

      If you are really worried, just make sure your servers are not based in the US but the UK. Either way, applying US law to UK jurisdiction is the wrong way to go...
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      • Profile picture of the author summerlong
        Originally Posted by OnlineStoreHelp View Post

        If you are in the UK then you should be talking to a UK lawyer...
        Really? I don't understand: I thought I have to act in a way so that the US film companies are satisfied
        with what I'm doing (e.g. using a still photo in some way). An US lawyer/attorney (maybe from LA)
        should have better experience than someone from the UK.

        Originally Posted by OnlineStoreHelp View Post

        ... make sure your servers are not based in the US but the UK...
        I just verified that my UK hosting company uses solar powered servers in the US!
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      • Profile picture of the author GforceSage
        Originally Posted by OnlineStoreHelp View Post

        If you are in the UK then you should be talking to a UK lawyer, not a US lawyer. Copyright laws very country to country and what works in the US does not necessarily apply in the UK. Even a Hollywood company has to follow UK and EU copyright laws. Look at the recent hubbub about geo-blocking in the EU, that is a very EU specific legislation and rules that would not apply to the US.

        If you are really worried, just make sure your servers are not based in the US but the UK. Either way, applying US law to UK jurisdiction is the wrong way to go...


        Go to dmlp.org and click on Legal Guide.

        164 Nations have a signed agreement called the Berne Convention which gives the USA the right to pursue legal action against those who break laws like copyright issues. The UK has signed the document.

        If someone comes after you, the lawsuit would be filed in the jurisdiction of the U.S. Most likely in Los Angeles.

        Dmlp.org offers help in submitting your issues to a Harvard based legal team that reviews issues that are submitted. You can see if they can help you out with any legal help you may need.

        Even if you were to use a UK lawyer, make sure they have experience in dealing with the U.S. and are familiar with the agreement between the two countries in dealing with your situation.
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        • Profile picture of the author summerlong
          Originally Posted by GforceSage View Post

          Go to dmlp.org and click on Legal Guide.Dmlp.org offers help in submitting your issues to a Harvard based legal team that reviews issues that are submitted. You can see if they can help you out with any legal help you may need.
          Many thanks, this looks really good! With "Harvard based legal team"
          do you mean their sister site www.omln.org?
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        • Profile picture of the author OnlineStoreHelp
          Originally Posted by GforceSage View Post

          Go to dmlp.org and click on Legal Guide.

          164 Nations have a signed agreement called the Berne Convention which gives the USA the right to pursue legal action against those who break laws like copyright issues. The UK has signed the document.

          If someone comes after you, the lawsuit would be filed in the jurisdiction of the U.S. Most likely in Los Angeles.

          Dmlp.org offers help in submitting your issues to a Harvard based legal team that reviews issues that are submitted. You can see if they can help you out with any legal help you may need.

          Even if you were to use a UK lawyer, make sure they have experience in dealing with the U.S. and are familiar with the agreement between the two countries in dealing with your situation.
          Yes, it gives them the right to pursue lawsuits (which are civil, not criminal actions) through WIPO, the World Intellectual Property Organization, a Non - Governmental - Organization (NGO). What this means is if someone in the UK is breaking UK Copyright law on my works, I (in the US) can go after them. It does not mean someone who has zero nexus in the US, not even servers or a domain name is subject to laws outside of their country. If that were the case people would need to understand the copyright laws of 164 nations. No, she is based in the UK, her servers are in the UK, as long as she follows UK copyright law, she is fine. Hence, she should get a UK law firm, not a US one...

          It is why things like DMCA take downs don't work outside the USA...
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        • Profile picture of the author summerlong
          Originally Posted by GforceSage View Post

          Go to dmlp.org and click on Legal Guide. Dmlp.org offers help in submitting your issues to a Harvard based legal team that reviews issues that are submitted. You can see if they can help you out with any legal help you may need.
          On www.omln.org/participate/clients I read:

          "We expect to resume accepting new applications in late Fall 2014."

          Now it's June 2015, but unfortunately it doesn't work yet.

          Would have been a good idea...
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  • Profile picture of the author winnermarketing
    If you are searching for a IP lawer you can start asking a
    free Adwice.
    There are some website offering this service.
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    • Profile picture of the author summerlong
      Originally Posted by winnermarketing View Post

      If you are searching for a IP lawer you can start asking a
      free Advice. There are some website offering this service.
      Do you mean something like www.justanswer.com/intellectual-property-law/?

      As far as I heard these "free" services are only free in the beginning, and then -- before they actually give you something that would help -- present their bill. The trick is that people who have already told their story stay with them and pay maybe more than elsewhere. The other question is regarding the quality of such all-round advice services...

      It's not that I wouldn't want to pay for advice -- I think that's only fair! -- I just can't afford paying too much, and maybe a normal, specialized lawyer is the better choice.
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  • Profile picture of the author summerlong
    And now I found this:

    https://news.ycombinator.com/item?id=8929556

    Even more unsettling... :-(
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