Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
first, the language you recite refers to TM concepts. copyright protects specific works of art, and is separate from TM rights.
you definitely want written documentation showing that the person transferring the rights to you indeed owns those rights. a verbal agreement can be binding, but it is far from ideal and presents some risk.
so if you want to re-reproduce any of the deceased's works, you need to make sure you are given all the copyrights to those works
Thanks. would the son actually be the legal heir to the copyright?
I can't say that because it would depend on the terms of the Will or intestate succession mechanism for that situation/family
but in the absence of a will or other family members with priority in succession...yes it would go to the son
I understand their was no will, but the family member that paid for her funeral wanted 1.000.00 from the woman whom has been making and selling the ceramic pieces.
you want to make sure the rights you are given are in writing....both for trademarks and copyrights
that is the most important thing
so if you are thinking you have the copyrights (right to reproduce her works)....make sure that is in writing
If the family member has legal rights( how would I know? ) then could he sign over the rights to the woman , then she to me? These are wonderful people, very bohemian/hippy types, not at all easy to discuss legalities with.I am hoping to keep thisas simple as possible, and stay out of it until the current lady has the proper legal control
I want to be sure that , upon realizing the molds, equipment, etc has been sold, some relative doe not come out of the woodwork and sue me!
yes the rights can be transferred to the woman and then to you
TM is very different from copyright so at minimum you want to also have a statement that says you have rights to all copyrights in the works
it is not always clear if someone has the rights to intangible property when its not specifically set forth in a will etc. but there should be some document they can show that reflects their ownership of the deceased's property
you should perhaps come up with your own proposed language and get them to "ok" it....that way you don't have to discuss it
I do have all this in writing, but not sure the woman who was given everything verbally by the sister of the deseased even had the legal right to convey it....so, should she get the transfer from the son or how would I know for sure whom has the legal right to it?
unless they have an issue with it
you should ask them if they have any kind of documentation to show their ownership
or ask the woman if she has or can get it
or you get them to sign something in writing saying they had ownership and transferred it to the woman
As in, have whomever is in charge sign a simple basic conveyance of copyright(can it be simple, boilerplate doc?)to the woman, then she and I do the same?
that will help a lot
yes it can be very simple
best of luck
I apreciate you.
please don't forget to rate my response, thanks!
IN THE NY SUPREME COURT