Blog | Helpful Tessmer Tips | Tessmer Law Firm
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Tessmer Tips / 30.12.2015

Tessmer Mail Bag   Q 8#: My sister is getting married and wants to give CDs burned with some of the happy couple’s favorite songs as a gift.  Isn’t that illegal?   A:  Probably, and your sister could be liable for civil damages.  If the songs on the CD are copyrighted material, the act of reproducing the music for distribution is a copyright infringement.  To be on the safe side, try to talk her into something else; besides, nobody wants to listen to their sappy love soundtrack anyway!...

Tessmer Tips / 28.12.2015

Tessmer Mail Bag   Q #6: I valet parked my car and it now reeks of cigarette smoke.  Does the restaurant have to pay to clean my car?   A:  If the valet was a restaurant employee, the restaurant may bear responsibility for the scent left behind in your car.  However, it is likely that the valet was an employee of another company, contracted by the restaurant to handle its parking needs.  Once you have determined whether it is the restaurant or the valet company responsible for the smoke bomb in your car, call or write them a letter asking them to cover the...

Tessmer Tips / 25.12.2015

Tessmer Mail Bag   Q #5: If someone else uses my Facebook photos, can I sue?   A:  Yes, IF you created the photos and you have obtained a copyright on them.  The copyright can be filed immediately prior to filing suit, but to recovery attorney’s fees and damages, the copyright needs to have been filed either within three months of the date of publication of the photos or before the act or infringement occurred, whichever is later....

Tessmer Tips / 24.12.2015

Tessmer Mail Bag   Q #4: If I sell concert tickets on Craigslist, is that scalping?   A:  Scalping is the practice of selling event tickets at a higher price than their face value.  If you sell your tickets for a premium, then yes, that is scalping.  Is scalping illegal?    Texas does not restrict the re-sale of tickets and it is not a crime to buy tickets from a scalper.  ...

Tessmer Tips / 23.12.2015

Tessmer Mail Bag   Q #3: My hairdresser totally butchered my hair!  Can I sue?   A:  That depends on what exactly she did.  Did you just get what you consider an unattractive haircut?  In that case no, a lawsuit would likely not be successful.  In Texas, there is no valid tort claim for negligent infliction of emotional distress without some personal injury.  The mental anguish you experience from a bad haircut is not something for which you can recover damages.  However, if the hairdresser burned your scalp, cut you, or destroyed your hair with dyes or perm solution, you MAY have a case....

Tessmer Tips / 22.12.2015

Tessmer Mail Bag:   Q #2: Is dumpster diving illegal? A: It depends.  The act of taking property that someone has thrown in the trash would be prosecuted as theft.  The Texas Penal Code says that someone commits a theft if he “unlawfully appropriates property with the intent to deprive the owner of the property.”  The Legislature has further defined theft by saying that an appropriation of property is unlawful with the owner’s “effective consent.”  It could be argued that (a) the property has no owner because it was abandoned (in the dumpster) and/or (b) the owner gave “effective consent” by putting the...