When you hire an attorney, you hope that this person will do whatever it takes to provide you with a high level of service. However, just the same as any other professional-client relationship, mistakes and disagreements can and do move to the forefront every now and again.
Creating a business website means finding clever ways to attract the attention of potential customers. This may mean including sharp graphics, bold images or edgy music. However, adding these items to a website or even a social media page without paying attention to the copyright had led many New York businesses to intellectual property litigation when the owners of the art or music sought restitution for copyright violations.
When an artist, writer, entrepreneur or other creative person discovers someone else using copyrighted material without permission, it can be shocking and upsetting. After all, not only may the other person profit unjustly from the copyright owner's intellectual property, but he or she may damage the reputation of the creator if the material is misused. The first question a New York copyright owner may have is, "How do I make them stop?"
There are times when an issue arises that is beyond a person's knowledge or skill to handle. Car repairs, medical problems and home improvements may be more than some people can manage, so they contact a New York professional whose job it is to know the best course of action. The same is true when facing legal issues, and in those situations, one may call an attorney. However, if the attorney does not fulfill the client's expectations, when does this cross the line into legal malpractice?
If you are fighting a legal malpractice case, then one of the things you'll want to know is who is responsible for paying you if you win the court case. It's not always straightforward, and there could be different people responsible depending on the circumstances.
Artists, musicians and other creative types in New York and across the country can be grateful for the laws that protect their works from others who would try to use them for their own benefit. Complex copyright law changes frequently, and some state laws fill in gaps that exist in federal law. For example, while federal law includes music that was composed before 1972, it covers sound recordings only after 1972. Some state laws protect pre-1972 sound recordings of those songs. A recent legal decision addressed the question of remastered recordings.