News and Events
Blog
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.
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...
What is a Small Estate Affidavit?
Before I answer this question, I need to give some background information. If your estate (everything you own in your name) is worth more than $150,000, California requires the estate to go through probate. Probate is the process where the government oversees the...
Can I Copyright a Title?
The short answer: No. The longer answer: Most titles are simply not long enough to meet the creativity requirement for a copyright. While it’s theoretically possible, a title long enough to be deemed sufficiently creative would probably be too long to easily fit in...
What is an Irrevocable Life Insurance Trust (ILIT)?
I was asked to present on this topic this past month, and I thought I’d share the results of my research. An irrevocable life insurance trust (otherwise known as an ILIT) is a resource that can be used to avoid estate taxes, and/or to provide a means to pay for them....
What Does Copyright Protect?
This is an important question when you’re drawing from someone else’s work to create your own material. What is permissible, and what would be considered infringement? Copyright only protects creative expression. It does not protect facts or ideas, only the way those...
What is Probate?
Whenever I meet with a new prospective client, I give them the opportunity to ask questions. A very common question is “Do I need a trust?” Rather than give the classic lawyer answer (“It depends”), I tell them that most people who create a trust do so for one of two...
Plagiarism vs. Copyright Infringement
I’ve had several occasions now where a person asked me about one of these topics, but the longer the person talked, the clearer it was that they really meant the other. It’s happened often enough that I felt an article was in order. Plagiarism is what happens when you...