New York law has long recognized the need to protect artists in their dealings with art dealers (also known as art merchants) in order to foster the arts as a vital resource in the State. However, art dealers and artists are often confused about the dealer’s responsibilities as well as the terms required in consignment agreements. Art
In recent years, there has been a flood of criticism directed at websites that publish objectionable content from third parties. Examples include social media sites that allow “fake news” and false political ads and websites that host proponents of mass shootings and white supremacy. But there are everyday examples of the damage done by people
Many people think of age discrimination as only affecting the elderly. However, the age at which an employee is protected from discrimination impacts a significant portion of the working population under federal law. New York law takes a step further safeguarding most employees regardless of age. The best way to minimize age discrimination claims is to understand
Updated: June 30, 2020 Most adults have entered into a licensing agreement, sometimes without realizing it. It may have been in the context of a business arrangement to gain permission to use someone’s intellectual property or in a consumer setting relating to software or online subscription services. Is a breach of a licensing agreement considered
New York Law protects “whistleblowers” who report illegal conduct by employers. There have been employee whistleblower claims made in New York. This law is meant to encourage public and private employees to speak up when they witness their employers engaging in unlawful activity. Employers cannot retaliate against such employees or employee whistleblowers. If they do,
Like many forms of art or expression, music is protected by copyright law. When using pre-existing music created by someone else to create a so-called “derivative work”, a license is usually necessary. What rights do you need to license for music sampling? A single piece of music may have multiple copyrights attached to it, all
If you have a great idea for a movie or product and want to pitch it to someone, how can you keep the idea from being stolen? Alternatively, if someone comes to you unsolicited with an idea, do you have to pay them for using it? Many people think you can copyright an idea and
In a digital world where you can find most any content you want online for free, it is easy to think you can use someone else’s photo, graphic, logo, chart or another image for your own purposes. It makes everyone think, do you have permission to use that image? Celebrities are even guilty of this. Dozens
The Business Judgment Rule is a long-standing principle that is intended to protect directors and officers from liability arising from decisions they make in their corporate capacities. Generally, a court will defer to the decision of a director or officer as long as their decision was made in good faith and with a degree of
Many types of business relationships can result in creating a fiduciary duty from one party to the other. Partners in a business, officers, and directors of a company, participants in a joint venture, principals, and agents are all examples of trust relationships which give rise to fiduciary duty and can lead to litigation if someone breaches their duty.
This Blog is made available by Romano Law PLLC for general informational and educational purposes only, not to provide specific legal advice. By using this Blog you understand that there is no attorney client relationship between you and Romano Law PLLC or any individual contributor. You should consult a licensed professional attorney for individual advice regarding your own situation.