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Archive for October, 2009

I hope you’ve been enjoying my posts lately. I thought I might do something different today and rustle up a few bits of info from around the WWW. These are some of the news items and blog posts that have been popular over the last few weeks. Leave me your thoughts.

About Copyright By Ormond Beach Attorney | Ormond Beach Attorney

This three minute video article about having a better understanding of copyright Read the rest of this entry

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I hope you’ve been enjoying my posts lately. I thought I might do something different today and rustle up a few bits of info from around the WWW. These are some of the news items and blog posts that have been popular over the last few weeks. Leave me your thoughts.

So-Cal Trademark/Patent/Copyright Attorney Blog: Coach sues Target …

San Diego, Los Angeles and Irvine Trademark Attorney and Lawyer.

How to Hire an Attorney: Tips for Finding a Well Qualified Lawyer … Read the rest of this entry

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Ok so you might find the next few links interesting. These are from around the web, just random snippets that I’ve picked up in my reading, but I found some very cool information in them. You might too. Here goes…

Bump Babies Trademark and Copyright Infringement Lawsuit Filed …

Bump Babies Trademark and Copyright Infringement Lawsuit Filed :: Los Angeles Intellectual Property Trademark Attorney Blog. Read the rest of this entry

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Ok so 3 more posts today that I’ve dug up – I’m an information JUNKIE on this stuff lately. Give em a browse and let me know what ya reckon. They’re just from a few different sites I’ve been surfing lately that are generally good for information like this…

Minneapolis MN Copyright Lawyer – Minnesota Attorney

Aaron Hall is a copyright lawyer located in Minneapolis, Minnesota. He is experienced in website Read the rest of this entry

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If you’ve been keeping up with my blog posts lately you’ll know I’ve come to adding a few news posts from around the web on this subject. I’ve got a couple more today that are new and updated, so let me know what you think of em…

Copyright Attorney | Patent Attorneys, Copyright Attorneys …

There are many useful tools which can help you find the right copyright attorney. For instance, utilizing your Read the rest of this entry

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Ok so 3 more posts today that I’ve dug up – I’m an information JUNKIE on this stuff lately. Give em a browse and let me know what ya reckon. They’re just from a few different sites I’ve been surfing lately that are generally good for information like this…

Copyright Lawyer | Attorney Super

Copyright law protects the intellectual property of creators such as artists, authors, and musicians. While copyright Read the rest of this entry

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Newspapers probably are the biggest victims of copyright infringement and generally they didn’t care much, as that was old news by the time anyone copied it and the new news is today. Yesterday is gone; “That was Yesterday!” like the lyrics in “Foreigner” the Rock Band’s famous song.

Today, however everything has changed. Recently, in the congressional hearings the dying newspaper industry had several Read the rest of this entry

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Legal – Copyright EzineArticles

  1. Congress Considers Copyright Protection For Fashion Designs by Adam G. Garson, Esquire

    Our office frequently receives calls from young entrepreneurs asking us to copyright their latest fashion design. Sadly, we tell them that copyright does not offer the protection they seek and, in fact, they will have to enter the market place with the expectation that their designs, if good enough, will inspire Read the rest of this entry

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Few legal principles inspire more confusion than copyright law. Our copyright lawyers often spend as much time educating our clients as we do digging into their specific legal issues. Copyright law, like other intellectual property rights, is inevitably fact specific. Obtaining legal advice about your specific situation from a qualified copyright attorney is critical. Educating yourself about US copyright law so that you understand what your lawyer is telling you is just as important.

Copyright infringement is the unauthorized use of material that is covered by US copyright law, in a way which violates one of the copyright owner’s exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works. A copyright holders exclusive rights include the right to: reproduce the copyrighted work; prepare derivative works based upon the work; distribute copies of the work to the public; perform the copyrighted work publicly; and display the copyrighted work publicly.

In order to prove a copyright violation of these exclusive rights under U.S. law, a copyright holder copyright holder must show that he/she is the “owner” of an original work and a prima facie case for infringement. Ownership of a copyright is established by showing “authorship” of an original work fixed in a tangible medium – articles, books, pictures, movies, musical recordings, etc. The person who created the original work is the copyright holder. A copyright holder may ‘assign’ the copyright to a third person, who then has all the exclusive rights of the original author, including reproduction, performance or the making of derivative works. The issue of who actually owns a copyright is one of the most overlooked and oversimplified issues. Some employers assume they own copyrights to their employees work. Employees and independent contractors sometimes incorrectly assume that they own work prepared for third parties. Ownership issues need to be identified and clarified early. Simply claiming ownership or an original work and registering the copyright may leave your copyright registration open to attack at a later date when rights are being asserted.

US Copyright laws help define the basics of copyrights. Section 17 U.S.C. § 102(a) provides: “Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” An idea is not copyrightable , although it might be patentable. Expression of an idea in a fixed tangible form (i.e., in written pages of a book, on a CD, on a web page, on canvas, as a printed photograph) affords the possibility of copyright protection. While these principles sound complicated, an experienced copyright lawyer can help you understand whether you can copyright protect your original work and receive the protection which copyright law affords.

Infringement occurs when a third person copies the copyright protected work. Unauthorized copying is proved with direct evidence (sometimes copying is obvious or admitted) or inference (not surprisingly, infringers often deny copying). Circumstantial evidence of copying is often important to show infringement.

Registration of a your original work with the US Copyright office is not required for you to have common law rights. However, registration is often critical for enforcement and must occur before filing an infringement suit in Federal Court. Our copyright lawyers often receive calls from authors of original work who failed to register their works before learning of infringement. This can be a critical mistake making enforcement challenging or impossible.

Copyright claims are on the upswing as the internet makes ‘copying’ as easy as the click of a mouse. Original works are harder than ever to protect. Luckily, innovations in technology makes tracking infringement almost as easy as unauthorized copying. But you aren’t protected if you are not monitoring. Owners of original works need to understand how to register their works, as well as how to track on-line infringement in order to maintain their value as the author.

Enrico Schaefer is a copyright lawyer, specializing in intellectual property matters and on-line protection. Go to his web site to learn more about US copyright law or contact a copyright infringement lawyer directly for a free consultation, as well as the particular problems presented by on-line infringement.

Author: Enrico Schaefer

Jack of Kent: Copyright Infringement Is NOT Theft

I do not support copyright infringement any more that I support negligent driving; but just because it is a wrong, it doesn’t mean you can pretend it is also a criminal offence.

IPBiz: “Course Hero” and copyright infringement

IPBiz notes that, to sue someone over copyright infringement, the work of authorship must be registered. As to the universiites, the contract between university and professor would spell out

Ralph Lauren, Photoshop Disaster, Copyright Infringement and Fair …

Copyright Infringement and Fair Use: “Copyright law doesn’t give you the right to threaten your critics for pointing out the problems with your offerings. You should know better.”

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Finding The Right Lawyer To Represent You

Adjuster Henry Hustle from GiveAwayNothing Insurance tried to take advantage of you so you’ve decided to obtain the services of an attorney. Here are some insights you should consider:

SMALL LAW FIRM VS. LARGE LAW FIRM: The size of the law firm has absolutely nothing to do with how well that office will represent you and/or handle your case. A large law firm (10 or more names on their letterhead) will not impress an insurance adjuster into giving you a better settlement. On the contrary, adjuster’s who’ve been around, know that huge law offices have multi-million dollar clients with mind-boggling legal problems. Because of this those types of law firms often do not put the time (nor concern) into a several thousand dollar personal injury case that a small office would. The bottom line? You’ll receive more and better attention from a small law office. Many of the best personal injury lawyers operate within the confines of a law firm with only two, three or, at the very most, four associates.

BEWARE OF LAWYERS WHO REPRESENT “DEFENDANTS”:The practice of law has become incredibly specialized. Find a lawyer who has experience representing claimant’s(called “Plaintiffs” in legalese) in personal injury cases.(You’re a “Plaintiff”). Be careful not to be represented by someone who is primarily an attorney for “Defendants’. These lawyers way of thinking are usually too closely tied to the values, attitudes and mental outlook of their cold and calculating insurance company clients.More often than not they’ll not extend themselves nor battle as hard – - consciously or unconsciously – - to obtain top dollar for your claim.(To you four or five hundred dollars more is a lot of money.To them it’s a drop in the bucket)!

COMPARISON SHOP: Talk to friends, acquaintances and/or co-workers who may have been represented by a lawyer on their own personal injury claim. Personal Injury lawyers normally don’t charge for an initial consultation.But, before you meet with them, find out if they do.If the answer to that is “yes”, go somewhere else.

While chatting with the lawyer, getting to know him and (generally speaking) what your case is all about, you should find out:

(1) How long have they been in practice?(10 years – plus – that’s good. 6 to 8 years is just okay. 3 to 4 years is highly questionable. 2 years or less is totally unacceptable).

(2) Roughly what percentage of his practice involves personal injury cases? If it’s less than 75% say “goodbye”.

(3) Does he often represent corporations and/or insurance companies? If he does than forge it, excuse yourself and take a walk.He’s not a Plaintiff’s attorney (you’re a “Plaintiff”) he’s a Defendant’s attorney (the insurance company is a “Defendant”). He’s not for you!

PAYING THE LAWYER – THE WRITTEN FEE AGREEMENT”: After you’ve discussed the fact’s of your case you may be able to get some sense from the attorney how much he thinks your case is worth, and how difficult it may be to get the insurance company to pay that amount.(He probably won’t commit himself. He’ll do a song and dance that would put Madonna to shame). Once you’ve grappled with that ask him exactly how much he’s going to charge you for handling your case?

If you’re at fault for the accident and it’s only your damaged ego that demands legal action he’s going to charge you for every move he makes – - and there can be a ton of them – - at hundreds of dollars an hour.If you have a case in which the other driver is clearly at fault (and your damages are substantial) his heart will be pounding with glee and he’ll be salivating furiously to have you hire him. In that instance he’ll be quite willing to waive all potential charges.

Usually, in the majority of cases, it should be a straight “Contingency Fee” with no costs assessed to you. Once your financial deal has been agreed upon ask him to put that into writing, in his “Written Fee Agreement”.(If he balks at a Written Fee Agreement you should begin to hum that old tune “I’ll See Ya’ Later Alligator”, get up, thank him for his time, and exit that office)

Copyright (c) 2003 by Daniel G. Baldyga. All rights Reserved

DISCLAIMER: The only purpose of this insurance claim tip FINDING THE RIGHT LAWYER is to help people understand the motor vehicle accident claim process. Neither Dan Baldyg nor ARTICLE CITY make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant or the like. Where such professional help is desired it is the INDIVIDUAL’S RESPONSIBILITY to obtain said services.

Dan Baldyga’s third and latest book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss)can be found on the internet at http://www.autoaccidentclaims.com. This book reveals “How To” successfully handle your motor vehicle accident claim, so you won’t be taken advantage of. It also goes into detail regarding the revolutionary BASE (The Baldyga Auto Accident Settlement Evalation Formula). BASE explains how to determine the value of the “Pain and Suffering” you endured – - because of your personal injury.

Copyright (c) By Daniel G. Baldyga. All Rights Reserved.

by: Dan Baldyga

About The Author

For over 30 years Dan Baldyga was a claims adjuster, supervisor, manager and also a trial assisstant. He is now retired and spends his time attempting to assist those involved in motor vehicle accident claims so they will not be taken advantage of.

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