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Kelley Way has been creating blog posts across many topics of Estate Planning, Copyright and Trademark law. If you have a topic or question you’d like covered, reach out to Kelley Way here.
Can I Use Other People’s Fictional Characters in My Book?
Fictional Characters in Books In my previous articles, I talked about incorporating real people and real trademarks in your book. In this article, I’ll be talking about fictional people – specifically, fictional characters that are still protected by copyright. The...
Can I Write About a Real Person in My Book?
Defamation, Right of Privacy and Right of Publicity in Writing I've recently been asked, "Can I write about a real person in my book?" There are several ways this question pops up: Could you have your fictional character meet a celebrity? Can you use real names in a...
What is a Power of Attorney?
Three things everyone should know about a Power of Attorney On a broad level, a power of attorney is a legal document that gives someone the authority to act on your behalf. For example, a financial advisor might ask you to sign a power of attorney, giving them the...
What is an Advance Health Directive?
When and why you need an Advance Health Directive If you've ever been admitted to a hospital, you’ve likely been asked the question “Do you have an advance health care directive?” (It’s possible one or two of those words were missing: “advance directive” or “health...
Can I Talk About a Real Business in My Book?
Use of Trademarks in Writing An editor friend of mine told me she recently had a client who made up a restaurant name for her book. When my friend looked into it, she discovered that there was a restaurant with that exact name a few hours from where she lived. She...
Wills vs. Trusts – What’s the Difference?
This is a source of confusion for a lot of people. I often have clients ask me this question, or the related questions “Which one do I need, or do I need both?” Here’s the breakdown of what each document is, and what purpose it serves in your overall estate plan: The...
Is a Copyright Small Claims Court in America’s Future?
As an attorney, one of the things that hurts my heart the most is a prospect who comes to me with a great case, but no money to pursue that case in court. In many cases, there is no way to stop an infringer short of a court order, and that court order can only come...
Do I Need a Waiver to Post Photos or Videos of Other People?
I was recently approached by someone who was starting a literary open mic night at her local Starbucks, to give writers an opportunity to share their works with an audience. She wanted to take pictures, and possibly video, to use in promoting the event. However, she...
I’m Moving; Should I Update My Trust?
One of the most frequent questions I get from former clients is “I’m moving to [insert location of choice]; should I update my trust?” I typically dodge the classic “It depends” answer and tell them that they don’t necessarily have to update, but there are...