The Copyright Lawyers

The Copyright Lawyers

Copyright has become very essential now with increasing plagiarism. But copyright law has some specifications and complications associated with it which makes seeking professional help necessary. The copyright lawyers help their client in understanding the problem better and finding a good solution.

The Copyright Law entered the common law in 1709 Statute of Anne and in 1911, it became statutory when the Copyright Act was passed. Most modern works are registered under the 1988 Copyright, Design and Patent Act.

This 1988 Act authorizes the owner of a film, drama, literature, sound recording, or design to file a case of infringement against anyone who reproduces it. If someone copies a work without the owner’s consent, a copyright lawyer should be consulted by the owner under the Copyright Act of 1988 to pursue the case in the best possible method to assert his ownership.

The originator of a copyrightable work has legal rights to be identified as its owner and protection against any broadcasting, public performances, copying, lending, renting and adapting. If anyone violates this right, he’s liable of punishment under the Copyright Act.

Whether it be reproducing work as exhibitions, a broadcast on radio or loudspeaker, an exhibition, a movie, a book or any additions or omissions from the work, the originator of the project must always be consulted by the third party.

The limitation of copyright law is that it does not provide protection to ideas but expression of ideas. Anything in a tangible form comes under the protection: a book written, a website designed, a movie recorded or a dance choreographed. Any idea shared by word of mouth and copied cannot be challenged. As words said are not a tangible form unless it is in the form of a recording.

Due to these complexities of the copyright law, professional help must be sought when it comes to plagiarism. A lawyer makes the whole process easier by guiding his client in the right direction which saves time, money and effort. These specialist lawyers keep record of the alleged work and make sure no further violations come about. With a lawyer hired, the owner does not have to worry about the copyright infringement of his work, if he is busy elsewhere, the lawyer takes care of the legal affairs.

As it can sometimes be difficult for an ordinary person to understand the legality of copyright law which can sometimes be quite confusing in grading which elements are copyrightable and which are not, the importance of lawyers cannot be ignored.

Copyright Protects Your Creativity

Copyright Protects Your Creativity

Every where in the world as well as the United States, there are millions of people who create works in art, music, literature, design, film, drama, research and many other fields. All this original work in a tangible form is called “Intellectual Property” and is protected legally by the Copyright Law. If you are an author, publisher or the creator of any such copyrightable work, it is more than essential for you to be aware of the Copyright Law. With the internet, many projects on almost every topic are available to everyone using the internet. This is good for serious searchers but a treat for copyright law violators.

A study in 2005 by the World Customs Organization declared that more than half a billion dollars were involved in plagiarism and piracy of books in this year. Every business in the United States can be copied and used to personal interest; they are all susceptible to piracy. Small businesses and individual writers are at a greater risk as the intellectual information they provide easily made public and generally not copyright protected. Due to the internet, this theft of original works has become easier therefore, the owner of any such work must be aware of his rights of protection. The US law protects all original works in music, art, literature, design or any other form of work. Whether it is published or not is not the condition; any tangible, copyrightable work is protected under this law. This Copyright Law was passed in 1976 and it authorizes the owner to reproduce, alter, broadcast, distribute, perform or publish his work. He may also license, sell, donate or leave the work to his heirs. Any violation of these rights is addressed by the court and if the decision goes in the owner’s favour, the court may order surrender of the alleged work. Obtaining a copyright is not a very long and tedious process as many people think it is.

In fact, when an idea is created as an expression and the moment it acquires a tangible form, it is copyrighted. It is still a better idea to register your work with the United States Copyright Office to attain legal authority over your work to be prepared against any copyright infringement. The Copyright Law protects a work till 70 years after the author’s death or if it is a group of creators, then 70 years from the death of the last surviving author. For anonymous works and those created for hire, this time extends to 120 years. There are no concrete laws for copyright protection internationally but most countries have agreed to Berne Convention on the Protection of Literary and Artistic Works and/or the Universal Copyright Convention. If you still have doubts about the law, it is best to see a copyright attorney.

Workers Compensations-an Outline of What You Should Know

Workers Compensations-an Outline of What You Should Know

Majority of people assume once they get injured while at work, they will be adequately covered by workers compensation. It is the general assumption medical bills will be covered and during the recuperation process, wages will get paid. Assumption is not a smart choice. Workers compensation is administered and paid by insurance companies and they always try to make things complicated. Consequently, having workers compensation does not guarantee that you will get paid for injuries that occur while on the job. In essence, this type of compensation was designed to reduce lawsuits between you and your boss.

Workers compensation is designed to eliminate stress and conflict. In a nutshell, it is an uncomplicated and quick way of ensuring you get your wages and an assurance that medical bills will be covered. Rather than filing a lawsuit because injuries sustained during work, you start by filing for a claim with your workers compensation insurer. The insurer is supposed to carry out an investigation to determine you got injured while at work.

Get a Lawyers Help

Since you are dealing with an insurance company that serves the interests of the employer, you should speak with your attorney. For short absence from work and minor injuries, no major concerns arise. However, there are instances when the injuries might be severe necessitating longer absences from work. More often than not, this complicates things.

Benefits for those Covered

The benefits of workers compensation are pretty obvious. Those covered get wage replacement and medical expenses are covered. The work of the insurer is to protect the employer in order to prevent the possibility of a lawsuit. Fault is never an issue in this case and the coverage is effective it is established that:

The employer is the person who hires, pays wages, withholds taxes, and dictates the time, place and manner in which duties are supposed to be performed. An employee is the one who collects wages and carries out duties in accordance to employer dictation and specified time. Therefore, self employed and independent contractors do not fall in the category of employer-employee relationships. For the workers compensation to be effected, where and the time you got the injury must be established. For instance, if you were working past the set work hours and you were not doing any work related task compensation is not offered. Majority of workers compensation policies requires a report of the activities preceding the injury. To be on the safe side and ensure you get fair representation, always consult with an attorney.

The IP Piracy Menace of India

The IP Piracy Menace of India

Today we have easy access to software products in the market with just a single degree of separation between the producer and the consumer. On one hand, it has opened up new vistas for software developers, content producers and publishers; but on the other it has created a host of new problems, foremost among them being counterfeiting and piracy. Software being one of the most valuable assets of an organization, its illegal reproduction and distribution has significant implications on the industry. An IDC study reveals that 35% of all PCs software installed in 2006 worldwide was illegal, pegging global losses to a whopping $40 billion. This is compounded by the fact that there is lack of awareness about the intricacies of software piracy and most mistake it to being restricted to software getting corrupt. Additionally, a circulating myth about pirated software usage is that only the original purchaser is in infringement, and subsequent users are not bound to any contract. It is yet to be realised that acceptance of the licensing agreement before installation is sufficient to create a contract between the copyright holder and the end user. Some softwares would stipulate a binding license contract if the box containing the CD is manually open.

The biggest risk due to the usage of pirated software is the overall security threat to an organizations’ IT infrastructure. In addition to regular system break-downs, pirated software installations are notorious for receiving limited updates and security patches, making the system extremely vulnerable to external security attacks like malicious code, phishing and spam. This does not include the cost of potential loss of proprietary information due to such unauthorized software installations. The cost to organizations from a single pirated software installation runs into thousands of dollars and the data loss due to such malicious installations can run into thousands of dollars. It is learnt that in India alone, around $566 million was lost in 2005 due to piracy. Eventually, as it may turn out to be, the payback of using pirated software would far exceed the price of purchasing licensed software. Awareness & Enforcement are Key to Combating Piracy Awareness is an important tool to counter the epidemic of piracy; the other being law enforcement and industry efforts.

Increasing awareness about the economic implications of piracy among end-users is essential, considering the huge influx of new users in emerging markets. We have stringent laws for Intellectual Property protection, but the challenge is the effective enforcement of the prescribed laws. In a software piracy case, the crime has to be identified, reported and action against it has to be taken immediately. In order to spread awareness the government has set up collective administrative societies which organizes seminars and workshops. Handbooks of Copyright law are also circulated free-of-cost amongst public, police, enforcement agencies and officials. Additionally, modules of copyright infringement have been introduced in the training program at national academies and colleges. Special cells for copyright enforcement have been created in almost all states; many of them being implemented on Public Private Partnership (PPP) model with industry leaders. Further, according to law, any police officer having the requisite rank may conduct search and seizure operations as well as effect arrests without the lodging of any formal complaint. The Government is also making relentless efforts to encourage the use of legitimate software within its own departments; and put its weight behind the industry and enforcement policies. Software companies eyeing overseas markets will require proving their ability to maintain adequate security levels. Security is not just a mere statutory requirement but an important factor to compete globally.

Software giants on their part are engaging students, academicians and Government bodies to educate them about piracy and help safeguard their data against any threats. For individuals, who get affected by piracy the most, software companies offer programs like Digital Rights Management technology, which allows copyright holders to manage and restrict usage of digital media and devices. In Conclusion It is difficult to tap the problem at its root of origin due to lack of a fool-proof way of tracking pirated software makers. Hence, continuous efforts are to be made to do away with the channel of distribution of such software by deterring people from selling it. The media is the most dynamic tool that is being aggressively used to spread awareness through advertisements, hoardings, news articles, television programs and celebrity appeals. As India increasingly caters to global clients, it becomes imperative that we continue to adopt world class information security standards and project a better image of the country in the global marketplace.

Legal Lawyers – Legal Services Australia

Legal Lawyers – Legal Services Australia

If you give a look around internet, then you will get millions of website readily available for your help regarding legal questions or legal documents. These websites provides almost all services regarding your legal questions or any legal documents. If you need more help from these websites, you can ask a Lawyer or hire a Lawyer directly from their website. The Lawyers provided by these websites are very cooperative and friendly in nature. This content mainly focused on the legal services available at Australia and provides the best information about the Lawyers available internationally. There are millions of websites or online services to help you in legal documents and legal counsel in Australia. These services provide prompt access to thousands of competently written legal documents for each and every situation. There are two type services that are mainly available online such as automated service and the next one is employed staff service.

In the automated service, you will not get more options to choose but in the staffed service, you will get multiple options to choose. You can ask a Lawyer or hire a Lawyer of your choice without going out of your home and these Lawyers are professional with their knowledge and experience. Whether legal advices and document is being required by business managers, professional services, business start-ups or consumers, all will be grateful for the realistic professionalism delivered in Basic English. The documents will be included with full guidance on both practical and legal aspects, business issues to make sure that you can make most excellent use of your document. To get more information on notes, you may take the help of a pre-paid service, which will cost you very less and provides more legal advice options. If you are looking for article then you will find thousands of free legal articles readily available that covers many topics to keep you updated on recent legal issues. Online options are easy to use and need few seconds to complete the sign-up process. You can even buy the legal documents that are needed. In other word, you can say that, online service is the best cost-effective way to save your money as well as time.

Intellectual Property and Using Copyright Solicitors

Intellectual Property and Using Copyright Solicitors

It is a common misconception that intellectual property and copyright are the same thing.

However, while they do have significant overlaps and are undoubtedly related, if you speak to specialist copyright solicitors, they will be able to explain the differences. This article looks at how they relate to each other and why it is important to understand the differences between different facets of intellectual property if you ever find yourself in a situation where you think you might need to use the services of a copyright solicitor.

Generally speaking, ‘intellectual property’ is something of an umbrella term that incorporates different pillars that make up the whole. Copyright is one of these, and this pillar of intellectual property refers to recorded work. This can include literary works, artistic, dramatic or musical works, sound recordings, films and broadcasts, and computer programs.

As the author of one of these works, you have automatic international rights to be identified as the author under the Berne Convention, the 1988 Copyright, Designs and Patents Act, as well as various other laws. This is something your copyright solicitors will be able to explain to you, and it is always a good idea to talk to a copyright solicitor if you think your rights have been infringed upon because there are steps that you can take to deal with the situation.

As well as copyright, intellectual property also includes trademarks. There are two types of trademark: non-registered and registered. It can take up to 18 months to register a trademark and you are not allowed to use the – symbol unless you have registered something. Trademarks tend to apply to things such as slogans, titles, names, words and images that help to identify a brand or business.

Intellectual property also encompasses design rights; designs can fall under both copyright and design laws, so if you have an issue with a design you should talk to your copyright solicitor. Patents are something else that falls under the general heading of intellectual property; patents require a formal application and they are generally granted by a government, giving you the patent within a particular territory or nation state. It can take up to 3 years to be granted a patent, and they help to protect inventions and industrial processes from unauthorized use.

All of this shows that while intellectual property and copyright are undoubtedly closely linked, they are not exactly the same. This is something that should be remembered if you ever need to make a claim in a case due to your copyright being infringed upon.

Google And Copyright Theft

Google And Copyright Theft

Most internet users are familiar with the term “Google Slap” where Google accuses other parties of infringing its copyrights but this article tells you about Google being accused of intellectual theft- “Google Slapped”!

Google is a Californian company that runs a search engine and provides information on various topics to millions of searchers on the internet. It lost a case in the court at Brussels Belgium on 13th February 2007. It was found guilty of breaching copyrights.

Copyright is a legal concept and copiepresse is an expert on copyright laws. He was representing a group of 18 newspapers, mostly French, who claimed Google was stealing their content and making it public. They said it was some articles from their archive section that was being stolen using “cached” links which they only provided to subscribed members on payment.

The court immediately ordered Google to remove all such pictures, articles and links that were offending the owners of these newspapers. This also included “Google News” which was displaying information without the consent of the owners of the newspapers.

The court ordered that if the owners of this information unlawfully displayed by Google contact, Google will be liable of removing the content within 24 hours or else face a fine of 25,000 Euros per day.

Google has appealed the ruling as it believes it has done nothing wrong. It is hard to understand how such a popular search engine with technically sound experts working for it, can deny such an evident violation of the copyright of intellectual property.

Copyright theft

Due to this attitude of big and great names, authors and writers everywhere believe any content or information available to them is their possession. Many other websites and ezine writers copy original works of other authors without permission and act clean as if they have done nothing wrong at all. Worse is when the name and link of the creator or the copyright owner is also not mentioned.

Such acts make the registration of original, tangible works more important. Though copyright for a piece of work exists when an idea is put down as an expression but registering with the United States Copyright Office ensures the assertion of the owner’s authority.

More information on the intellectual theft by Google can be seen in the West Australian News Paper edition of 14th February 2007, page 33 entitled “Google to Appeal over Court Copyright Defeat”.

Video Game Giant Nintendo Takes Action Against R4 Cards

Video Game Giant Nintendo Takes Action Against R4 Cards

After Spain and the UK, the Netherlands high court is the latest to rule out the use, sale, importation or marketing of R4 cards in their country. According to the telegraph “more than 100,000 game copying devices have been seized in the UK alone since 2009.”

Nintendo said in a statement that it “welcomed” the decision and that it would continue to “take action to prevent the distribution of pirated software and devices that allow illegally downloaded software to be played.”

“Nintendo takes this action not only for the company’s sake, but in the interests of its partners who spend time and money legitimately developing software for Nintendo videogame consoles and systems, and customers who expect the highest standards and integrity from products bearing the Nintendo name,” the company said.

Benoit Tabaka, Director of Legal and Government Affairs at also embraced the decision: “We take counterfeiting very seriously here at PriceMinister and it is good to know that brands like Nintendo are taking legal action.” He also insisted that the site’s very strict counterfeiting policy has been applied for years: “We use key words and other investigative measures to detect sellers offering R4 cards or any other Flashcard used to carry illegal data. When a fraudulent item is detected the seller is immediately banned from the site.”

The gamer community on the other hand consider the rulings meaningless; pointing out the fact that R4 is only a brand of flashcards and that there are still other cards available out there like: Cyclo DS, Acekard, iEdge,…

It’s like banning blank CDs or DvDs

“People can essentially still play copied NDS roms on an emulator on the pc. It’s like banning blank CDs or DvDs. These cards are NOT copying devices under any stretch of the imagination. You can’t copy an NDS cartridge using one of these cards; only use it to load data from a memory card.”

“There are thousands of pieces of third party software known as Homebrew, created independently from Nintendo mainly by enthusiasts who do not infringe any copyright whatsoever and also make no money from providing useful applications and games which they own the intellectual rights for. What this ruling effectually has done is kill this community.”

Mr Weasle

The majority of consumers seem to agree on one thing; until the Video Game “Godfathers” lower the retail value of their games, people will look for alternative ways to play cheap, providing opportunities for counterfeiters to expand their market.

How useful are these rulings, Please leave your comments below.

Discover Different Strategies For Selling Resale Rights Products

Discover Different Strategies For Selling Resale Rights Products

There’s more than one way to make money with resale rights products and if you put your mind to it, you’ll be able to profit from these products from many angles. Here are some suggestions to increase your sales of any resale rights product.

1. Offer more. Make the main offer even sweeter by adding a complimentary bonus to the original offer. For example, if I was in the weight loss niche selling a piece of software that calculated your body mass index, my bonus could be a report on ‘The 10 Do’s And Don’ts Of Dieting’.

2. Sign them up to your mailing list. This can be done automatically with the correct software, or if you don’t have any installed, i recommend you send your customer to a squeeze page so that they are forced to sign in. If you don’t like being so forceful, you can allow them to opt-in to your newsletter on the download page, or allow them to bypass this option with a link below the form that says, ‘No thanks, I’ll pass…’

3. Provide a one-time offer. After they’ve purchased it, DO NOT send them directly to the download page! Why not offer them another product, This is where you make your own one-time offer page which will contain an irresistible collection of all your dieting and exercise technique PDFs for one low price, collectively worth a lot more if bought separately. The trick here is to make it a real one-time offer and make it an absolute no-brainer for your customer.

4. Send them to the download page. This is where you provide the products they bought and possibly recommend other products (as an affiliate) towards the bottom of the page which will compliment what they’ve already bought. This may not work all the time because some niches are not catered for so many products. However you will find that popular niches such as weight-loss and ‘making money online’ are good for cross-promoting because of various sub-niches.

5. Push your affiliate program if available. Somewhere after the download links and before the extra recommendations you could provide a link saying that they can make money right away by promoting the product they’ve just bought. A successful affiliate program requires not only a good product, but easy-of-use for your affiliates and a reliable affiliate merchant, either in-house or third party such as ClickBank or PayDotCom. Provide your customer-turned-affiliate with their affiliate link, tell them where to sign up and provide them with text ads, banners, graphics, and articles. Your affiliate needs to feel reassured that not only your product delivers and makes sales, but also who will pay them, how and when so make sure this info is readily available.

Those are just a few ideas for getting the ball rolling and bringing in some sales. You can apply just one of these techniques and it will work, but I recommend applying all of them in time to get the most profit out of your resale rights products.

Copyright Law And Simulation

Copyright Law And Simulation

Copyright is the protection of an original work produced in the field of literature, music or art. As this is the creativity of an individual mind, it deserves all efforts to keep it from being reproduced by anyone illegally. Whether it be photographs, films or simply a piece of writing, Copyright Law applies to all original works. This Law uses legal principles and rules to prevent an author’s personalized work from being copied unlawfully.

Not all works can be copyrighted, there are certain conditions. For a work to be eligible for this protection, it must be original, in a tangible form, and that the ideas must be in the form of expression.

Copyright Law is not violated every time a piece of work is copied. A good comparative study must be conducted between the original and accused work. Similarities are sorted and means of access to the original work is sought. But to prove a reproduction to be an infringement, the assessment method is quite vague. Therefore, different tests have evolved over the years to help courts make an infringement decision better like given below:

The Lay Observers’ Test is conducted with an audience comprising of ordinary people and the alleged work is presented to them for analysis. A group of reasonably sensible people chalk down the similarities in the two works and help the court in determining whether the original work has been unlawfully reproduced or not. But this test only aims at the general similarities and not the minute details. Due to this, specialized experts’ opinion may differ from that of the general public and vice versa

The Extrinsic-Intrinsic Test is most appropriate for literary work such as books and script but can also be applied to musical compositions and artwork. It was devised by the US Court of Appeals and consists of two parts. The extrinsic test is more detailed with expert opinion and focuses on more technical areas as type of artwork involved, materials used and subject matter. Intrinsic test depends more on the decision of the general audience.

Both these tests are put together in the end to determine if a copyrighted piece has been wrongfully appropriated.

The Abstraction, Filtration and Comparison Test is third such test. Abstraction is the analysis of every step in the production of a work for the examination of similarities at each point. Filtration then eliminates unpredictable elements such as ideas, facts, public domain information and merger materials. Finally comparison decides where copyright law has been voided. The challenge faced here is demarcating that line between idea and expression as idea does not qualify for copyright while expression does. It is also hard to determine here when the idea-expression limit is crossed.

The results to such cases of violation of Copyright Law vary from product to product and depend greatly on the method of analysis applied. Decisions by general public differ from that of the experts and determining idea-expression boundary varies individually. Therefore, small changes in test methods can have big impacts on the concluding results.