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  1. Michael Wechsler

    Comment by 'Michael Wechsler' in article 'Are Song Titles & Lyrics Protected by Copyright or Trademark Law?'

    Everything depends upon the context - and I don't think any reputable attorney would say differently as each case is fact specific. Copyright is not trademark and it is typically not possible to copyright just a few words, especially those that may be used generally and are not connected with a...
  2. Michael Wechsler

    Comment by 'Michael Wechsler' in article 'Are Song Titles & Lyrics Protected by Copyright or Trademark Law?'

    If what you're doing is so obvious and similar so that it doesn't make much difference, only a court can tell you whether you are infringing and consider the chance of being sued if you're using several lines of a song. A simple short phrase is something very different. Remember that everything...
  3. Michael Wechsler

    Comment by 'Michael Wechsler' in article 'Are Song Titles & Lyrics Protected by Copyright or Trademark Law?'

    If you copyrighted a song, it can include the lyrics as part of the registration. Technically you have copyright of your song lyrics when created and affixed into a tangible means (e.g., written down on paper) but they aren't registered as a copyright unless you register them. Note that an audio...
  4. Michael Wechsler

    Comment by 'Michael Wechsler' in article 'Are Song Titles & Lyrics Protected by Copyright or Trademark Law?'

    If you're mentioning real people and bands in a manner that isn't designed to infringe upon intellectual property, it would likely seem to fall outside of the definition and protection of copyright and trademark protection. For example, if your lyrics include a recollection of seeing the Rolling...
  5. How to file, win, and defend a Small Claims Court lawsuit in New York City

    Small Claims Court How to file, win, and defend a Small Claims Court lawsuit in New York City

    The following is a summary of legal best practices to follow for people who are not lawyers that seek to file a lawsuit in the small claims court in New York City. The New York State Unified Court System (NYSUCS) is the judicial branch of New York State, which provides and supervises state...
  6. Creating successful house rules for condo and co-op buildings

    Buildings, Condo & Co-op Creating successful house rules for condo and co-op buildings

    Creating effective co-op and condo house rules is an essential part of maintaining harmonious community living. Rules are similar to regulations that are typically created and modified by the organization's board of directors. The best house rules strike a fair balance between protecting the...
  7. Addressing whiplash, a common car accident injury

    Addressing whiplash, a common car accident injury

    Whiplash injuries often result from car and automobile accidents, after the vehicle strikes or is struck by another car or large object. As a result of the collision, the head of the driver or passenger suddenly moves backward and then forward from the impact. This most often occurs in rear-end...
  8. Crypto extortion email fraud includes increased attack sophistication

    Columns Crypto extortion email fraud includes increased attack sophistication

    Blackmail based scare tactics using email that are designed to frighten recipients into sending cryptocurrency to fraudsters, typically in Bitcoin, have reached even higher levels of attack sophistication. This article is designed to raise awareness of an increasingly popular...
  9. The Role, Duties and Selection of an Estate Executor

    Estate Planning The Role, Duties and Selection of an Estate Executor

    Significant thought and considerations should be undertaken in the process of making the very important decision of appointing an executor for your estate. The executor is the person responsible for distributing your assets and personal belongings according to the directives you specify in your...
  10. Alternate Dispute Resolution (ADR) Frequently Asked Questions

    Arbitration, ADR Alternate Dispute Resolution (ADR) Frequently Asked Questions

    The following are frequently asked questions with answers about alternative dispute resolution, which includes arbitration, mediation and conciliation. What does the term "alternative dispute resolution" mean? Alternative dispute resolution (commonly abbreviated as "ADR") means the use of a...
  11. Michael Wechsler

    Editorial Digital Asset Anti-Money Laundering Act Challenged by the Blockchain Industry

    The Digital Asset Anti-Money Laundering Act of 2023 (S.2669), a new crypto bill sponsored by Senators Elizabeth Warren and Roger Marshall, aims to "mitigate the risks that digital assets pose to our national security by closing loopholes and bringing the digital asset ecosystem into greater...
  12. Challenging Sanitation Violations and Summonses in Administrative Law Hearings

    Premises Liability Challenging Sanitation Violations and Summonses in Administrative Law Hearings

    Unwarranted sanitation tickets and summonses may be successfully challenged in an administrative hearing before a judge or tribunal. This article will cover the processes and best practices for fighting sanitation tickets in an administrative court, such as the Office of Administrative Trials...
  13. How to Prevent and Address Squatter Abuses Against Property Owners

    Ownership, Title How to Prevent and Address Squatter Abuses Against Property Owners

    New York City squatters have been making headlines by evicting legal homeowners from their property, with extreme examples including the arrest of a homeowner trying to regain possession of their house in Flushing, Queens. With the influx of migrants seeking shelter and the arrest of a popular...
  14. Michael Wechsler

    Comment by 'Michael Wechsler' in article 'Are Song Titles & Lyrics Protected by Copyright or Trademark Law?'

    Anna, I just noticed your older comment. It's impossible to say without seeing the words, context, etc. Generally speaking, unless it's a very strong trademark (Coca Cola), a two word phrase could be difficult to protect. There is no real ability to provide further insight other than general...
  15. New York City Snow Shoveling & Ice Removal Laws

    Premises Liability New York City Snow Shoveling & Ice Removal Laws

    There are many snow and ice removal laws and regulations with which each New York City property owner or lessor must be familiar. This article summarizes some of the most common snow shoveling and ice removal laws, regulations and resources so you can be prepared for the winter season. Who...
  16. Michael Wechsler

    Comment by 'Michael Wechsler' in article 'Are Song Titles & Lyrics Protected by Copyright or Trademark Law?'

    Nigel - great question. If mere inspiration was protected, there would be no ability to create as we create based upon a product of our experiences. My general feeling on this issue can be expressed by the artist who named their work of art "Lucy in the Sky with Diamonds". Anyone confused that...
  17. Michael Wechsler

    Comment by 'Michael Wechsler' in article 'Ed Sheeran Sued in Amazing Copyright Infringement Lawsuit'

    You've got me curious. I'm going to have to pull the case. I've always had a difficult time with some of these cases, especially pop songs that aren't especially complex, e.g. My Sweet Lord, etc.
  18. Skyscraper Jail Debate Impacts 2021 New York City Elections

    News Skyscraper Jail Debate Impacts 2021 New York City Elections

    One of the most divisive and controversial issues separating this year’s candidates in the elections for New York City Mayor and New York City Council has revolved around the City's controversial “borough based jails” project. In 2019, the New York City Council voted to close the 413 acre...
  19. Michael Wechsler

    Comment by 'Michael Wechsler' in article 'Court Ordered Child Abduction - A True Story'

    Truly so very sorry to hear that you're experiencing anything resembling this case. Hard to believe this happened almost 20 years ago. Many things have changed. After much grief and as a result of other circumstances, the mother ultimately obtained custody of her natural child but was...
  20. Michael Wechsler

    Comment by 'Michael Wechsler' in article 'Are Song Titles & Lyrics Protected by Copyright or Trademark Law?'

    Compilations of songs can be subject to copyright. An image of a poster is likely subject to copyright law. Fair use is an exception where a portion may be usable but it's often not in the context of exploiting a substantial portion of the copyrighted material for pure commercial gain as is...
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