Giselle Ayala Mateus

Giselle Ayala is a business, intellectual property and medial law attorney. Giselle is deeply engaged in the practice of trademark and copyright law, especially where they overlap with advertising, media, and licensing law.

She has assisted clients in obtaining trademarks and copyrights, examining contracts, privacy policies, conflicts of interest, and other compliance matters, and steering them through the creation and structuring of business entities. This varied experience has provided her with a detailed grasp of the legal domain and has honed his skills in negotiation, research, writing, and legal analysis.

Giselle has served as counsel and representative on issues related to the review and drafting of commercial contracts, creative developments, transfer of intangible rights, and business formation in the United States.

On March 27th, 2021, during the celebration of Latin Women, titled “Powerful Women”, Giselle was recognized by the New York State Assembly with a Certificate of Merit for Outstanding Entrepreneur.

• Advertising Law

• Free Consultation
• Credit Cards Accepted

New York

New York State Office of Court Administration

ID Number: 5724505

Principal Attorney

G.A.M Law Office P.C.

2020 - Current

Attorney

Law Office of Richard La Salle

2020 - 2020

Brooklyn Law School

LL.M. (2018) | Business Law

2017 - 2018

State Bar of New York  # 5724505

Member

Current

New York Intellectual Property Law Association

Co-Chair Publications Committee

2019 - Current

Andy Warhol’s Pop Art Makes it to the U.S. Supreme Court. Is the Prince Series Artwork Fair Use?

New York Intellectual Property Law Association

July 1, 2022

End of the year Trademark Law Review

NYIPLA

January, 2022

How Endorsement Agreements Work, Contract Tear Down Show

June 9, 2022

Law Insider

Celebrity influencer agreements are a special breed of product endorsement contracts. Watch as attorney Giselle Ayala tears down Shaq’s agreement with Papa John’s, in which the famous basketball player-turned-pizza-guru agrees that the company can use his image to create unique advertising content. There’s a lot to learn about how contracts can protect influencers and make big companies happy with their endorsement deals, so let’s tear it down!

Q. Copyright claim pressure for Instagam video payment demand.

May 9, 2025

A: Yes, based on your description, this situation could potentially be considered an abuse of the Digital Millennium Copyright Act (DMCA) system—and in some cases, it might even approach the line of coercion or bad faith conduct, though calling it “extortion” has a specific legal threshold.

Under the DMCA, a copyright holder has the right to file a takedown notice if they believe their protected work has been used without authorization. However, demanding payment after the content has been removed, especially when they've already succeeded in getting the platform to take it down, and stating that the payment is “optional” but needed to restore the content, raises red flags. If they do not intend to pursue a legal claim in good faith and are instead using the DMCA process primarily to extract money through pressure tactics, that could be an abuse of the DMCA and grounds for a misrepresentation claim under 17 U.S.C. § 512(f).

If the other party is not the true rights holder, misrepresented their claim, or used the takedown notice primarily to pressure you into paying money rather than to enforce legitimate rights, you could have grounds to challenge their actions. Keep all records of their emails and communications. You might consider speaking to an intellectual property attorney, especially if the financial pressure escalates. ... Read More

Q. Can I use plot elements from a soon-to-be-public domain film in my book adaptation?

May 9, 2025

A: You could use a character like Dr. Murray, who is inspired by Dr. Seward from the nineteen thirty-one film adaptation of Dracula, as long as your book is published after the film enters the public domain. Once the film is in the public domain, you might be able to draw from its specific characterizations, such as Dr. Seward being Mina’s father, without legal concerns. However, before that date, using distinct elements from the film—such as unique personality traits or relationships not found in the original novel—could potentially raise issues if they are seen as copyrighted content.

You might also need to be cautious about the influence of later adaptations, which could contain original creative choices, including specific character dynamics or reimagined roles, which are not present in the novel. Borrowing elements unique to that version—such as new storylines, settings, or restructured relationships—might result in copyright infringement if those elements are clearly identifiable and not independently created.

As long as you base your character on the public domain elements of the original novel you could develop Dr. Murray without significant legal risk. Altering the name, personality, or function of the character might also help demonstrate that your work is an original creation rather than a direct copy. Still, you should avoid using dialogue, scenes, or specific visual references that could be tied to copyrighted films, especially those released after the nineteen thirty-one version, to reduce the chance of a legal dispute. ... Read More

Q. Is using various photos as reference for publishing art under Fair Use?

April 7, 2025

A: 1. Using Referenced Images for Commentary or Analysis

Including the original reference images alongside your ex-partner’s artwork for the purpose of commentary, critique, or scholarship can potentially fall under Fair Use, especially if:

The inclusion transforms the original material (i.e., used to analyze how it was incorporated into new artwork).

The purpose is educational, critical, or documentary—not purely commercial.

The amount used is limited to what is necessary for the analysis.

The market effect is minimal (i.e., it doesn’t replace or devalue the original works).

2. Image Source & Copyright Ownership

Here’s how the origin of the images may affect things:

Work-for-hire images: If you were paid to create photos under a contract that designates them as work-for-hire, you likely do not own the copyright, even if you took them. Reproducing them—even in small sizes—without permission may be problematic.

Photos from the internet (not yours): If these weren’t yours to begin with, using them without knowing their source or rights status can be risky. Even if your ex used them for reference, reproducing them might require permissions unless Fair Use clearly applies.

Personal photos (e.g., family events): If you took them and own the copyright, you have more leeway to include them—although privacy concerns could come up depending on the context and people shown.

3. Size, Format, and Context Matter

Thumbnail-sized images used for reference or commentary are more likely to be considered Fair Use. Courts have found reduced-size images for indexing or comparison purposes (like in Perfect 10 v. Amazon) to be permissible.

Full-size or high-res images increase risk—especially if the image itself is highly expressive, commercial, or being used beyond what's necessary to make your point.

The context of publication (e.g., a gallery book, academic study, online exhibit) can influence the Fair Use analysis—educational and nonprofit uses are more favorably viewed than commercial ones.

THIS IS NOT LEGAL ADVICE ... Read More