News & Articles

Writers Should Protect Their Rights in the Context of a Collaboration

Posted by Giselle Ayala | Apr 06, 2021 | 0 Comments

One of the most interesting personalities in terms of professions is that of writers. They get involved with a project and rarely stop until they are finished. Considering the effort and dedication involved in developing a good piece, writers should always start by having a clear agreement about each other's rights regarding the collaboration project.

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Key provisions to protect your information with a Confidentiality Agreement

Posted by Giselle Ayala | Mar 24, 2021 | 0 Comments

A confidentiality agreement often called a Non-Disclosure Agreement or NDA is a legal agreement that protects discussions between parties by specifying what information will be considered confidential and how such information should be used by the recipient. The party disclosing the information is commonly referred to as the “Disclosing Party” and the party receiving such information is referred to as the “Receiving Party.” In order to properly prevent the unauthorized disclosure of any confidential information, each confidentiality agreement should be carefully drafted and negotiated.

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DACA! The Dreamers Opportunity, What are you waiting to apply?

Posted by Giselle Ayala | Mar 22, 2021 | 0 Comments

On June 15, 2012, the Obama administration announced its intention to launch an initiative for the thousands of immigrants who were brought to the United States as children and who had no immigration status. Since its inception, the measure has not only protected millions of minors but has also been a bold response to the so many times criticized US immigration system.

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Why it may be a good idea to incorporate my business?

Posted by Giselle Ayala | Mar 22, 2021 | 0 Comments

There are tax and legal considerations when it comes to organizing your business as something different than a sole-proprietorship. Incorporation can allow to protect personal assets, acquire limited liability, especially in risky endeavors, and take advantage of deductions tax benefits provided ...

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Are the terms and conditions of my website always enforceable?

Posted by Giselle Ayala | Mar 20, 2021 | 0 Comments

Every time you think about the use of a website for any purpose, keep in mind that once you publish your website you establish a relationship with the public. The relationship between the public and the website operator or owner must be defined. Otherwise, the website operator will be subject to unlimited risks. To limit the risk exposure and legal liability, websites usually contain Browsewrap Agreements or Clickwrap Agreements.

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Why should writers care about trademark law?

Posted by Giselle Ayala | Mar 19, 2021 | 0 Comments

As a result of the popularity of the word "start-up" and the development of the technologies of telecommunications, trademarks appear to be important only to tech companies. However, this is far from true. Let me give you an interesting fact, J.K. Rowling, the author of the Harry Potter books that have impacted millions of teens around the world, earns millions from the ownership and licensing of several trademarks.

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What is the point of a DBA application? Is it different from filling for a trademark?

Posted by Giselle Ayala | Mar 18, 2021 | 0 Comments

When it comes to doing business the name of the business and trademark used to attract clients are two important matters to resolve. However, it is important to understand that the name of the business and the trademark are not the same, and these two concepts are also different from the logo of the company, although it feels like an obvious thing.

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TOU for your website... You want them! Even if only attorneys read them

Posted by Giselle Ayala | Mar 14, 2021 | 0 Comments

You have probably heard many times that no one reads the terms and conditions of a website. Probably no one really understands how important those terms are. The first thing to consider is that the terms and conditions of a website constitute a binding contract. Additonally, a contract is an instrument to administer risks; having one can be as important as having insurance.

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The Law Office of Giselle Ayala Mateus PC Joins Over 725 Cultural Organizations and Creative Workers to Propose Plan for Putting Creative Workers to Work After Pandemic

Posted by Giselle Ayala | Mar 05, 2021 | 0 Comments

The Law Office of Giselle Ayala Mateus, in partnership with Americans for the Arts and over 725 cultural organizations and creative workers, has proposed a 15-action national recovery strategy that the next Administration can use to put creative workers to work—activating the creative economy and drawing upon the creative energies of the country’s 5.1 million creative workers to energize Americans, reimagine how communities can thrive, and improve the lives of all.

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The Protection of Copyright Law for Writers

Posted by Giselle Ayala | Mar 05, 2021 | 0 Comments

Unlike other carriers, the carrier of a writer is a long-term journey that requires patience and resilience. Good writing requires many drafts, the design of an engaging story, the selection of a good theme, and interesting characters' development, among others. Considering this, one of the worse fears of a writer is to have their work stolen.

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April 2nd! Finally, the Entertainment Industry Opens Again!

Posted by Giselle Ayala | Mar 04, 2021 | 0 Comments

On February 16, 2021, Governor Cuomo announced that indoor family entertainment centers and places of amusement would be allowed to reopen beginning in late March and April. We are all expectant about how this "new normal" will look like. Along with the news of the reopening different companies and organizations have announced dates for concerts and live performances.

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It is time to renew your green card!

Posted by Giselle Ayala | Mar 03, 2021 | 0 Comments

When you become a permanent resident in the U.S. you receive a 10-year green card. After that, when your 10-year green card is expired or will expire within the next 6 months, it's time to renew it. Now, before explaining the requisites to renew the green card and the documents that are required to complete the process, it is important to note that an expired green card doesn't mean you're no longer a lawful U.S. permanent resident. The green card is only the document that demonstrates your legal status in the United States. As long as you don't leave the U.S. establishing your residence anywhere else, you keep that status for life.

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COVID-19 and breach of contract... Recent development related to the doctrine of Force Majeure

Posted by Giselle Ayala | Feb 18, 2021 | 0 Comments

As a result of the COVID-19 crisis that affected New York, and other places of the United States, many businesses were forced to close their doors or to stop activities as usual. One of the industries most affected by the government orders that shut down the city of New York was the entertainment industry. As result the necessary closings many businesses breached their contracts. They were not able to performed as required. When businesses closed, conflicts arose and attorneys started to received questions regarding legal options to finish a contract or to avoid liability. It is in this context that the doctrine of Force Majeure becomes important.

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Ownership v. Control v. Income ... Selecting a Business Entity ...

Posted by Giselle Ayala | Feb 13, 2021 | 0 Comments

When it comes to selecting a business entity to take your enterprise to the next level, it is essential to understand those key factors that make the difference and ownership only one of them. Control, governance structure, cost, transferability, and income potential are some of the most important factors you consider before choosing between LLC, Corporation, Partnership, or any other business structure.

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SCAM Alert! There is No NY Council For Corporations

Posted by Giselle Ayala | Feb 11, 2021 | 6 Comments

Companies are receiving in the mail apparently legitimate “Corporate Records Services”. This is a form of scam that has resurfaced. In this non-official communications, businesses are receiving an official-looking form called the “Annual Records Solicitation Form” from the apparently real “New York Council for Corporations.” Although this document looks like an official government form, the New York Council for Corporations is not a government agency nor it is an authorized entity.

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STOP! Don't trust potentially misleading offers and notices from private companies

Posted by Giselle Ayala | Feb 06, 2021 | 0 Comments

Every time an individual or a company commences an application before a publication agencies, whether it is a trademark application or the registration of a new company, a public record is created. This information is used by private companies to contact the applicant with notices that are misleading and appear official at first glance. Applicants must be careful and not be fooled by these notices.

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When two trademarks are considered too similar...

Posted by Giselle Ayala | Feb 05, 2021 | 0 Comments

The similarity between trademarks is important in two scenarios, registration or litigation. Similarity is a concept usually used in the context of copyright law because similarity is important to establish copyright infringement or copyrightability. In the trademark law context, similarity is important because the USPTO wants to avoid the co-existence of trademarks that are likely to confuse. Similarity by itself is not an issue; however, if two trademarks are so similar that a potential consumer could be confused about the commercial source of goods or services, then trademark similarity can be a problem.

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Can I claim Copyright Infringement? First Considerations for Authors

Posted by Giselle Ayala | Feb 04, 2021 | 0 Comments

If you consider that another has used or misappropriated your work, it is imperative to understand the copyright infringement claim elements. It is then essential to consider whether the author of the work has a viable claim, and finally, determine the best strategy to approach the allegedly infringing conduct. When an author hires an attorney, the attorney's first task is to make a preliminary assessment of the matter.

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Decoding the Trademark Application Legal Fee

Posted by Giselle Ayala | Jan 30, 2021 | 0 Comments

When it comes to the registration of a trademark, being careful is the best strategy. No one wants to pay a nonrefundable fee to the USPTO to realize later that the trademark is not registrable. Additionally, suppose the registration has errors, clerical or not. In that case, the client does not want to go through correcting them before getting a real chance of registering the trademark. This analysis and the additional consideration made below are the factors that explain the legal fee you pay your attorney to file your trademark application.

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Casarse en Nueva York

Posted by Giselle Ayala | Jan 12, 2021 | 0 Comments

Si ha decidido casarse en los EE. UU. Es muy importante que considere los requisitos específicos del estado donde se llevará a cabo la ceremonia de matrimonio. Para casarse legalmente, deben realizar una ceremonia de matrimonio civil o religiosa tras obtener la Licencia de matrimonio. En general, la ley estatal requiere que esperen 24 horas tras recibir su licencia antes de realizar su ceremonia de matrimonio.

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