Cleveland Workers Compensation Lawyer Blog

WHO CAN CLAIM COPYRIGHT?

Not all of us are attorneys and so not all of us know who can claim copyright.  The purpose of this article is to discuss this issue and also the relevance of the country of origin.

Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.

In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright statute defines a “work made for hire” as:

(1) a work prepared by an employee within the scope of his or her employment; or
(2) a work specially ordered or commissioned for use as:
•    a contribution to a collective work
•    as a part of a motion picture or other audiovisual work
•    as a translation
•    as a supplementary work
•    as a compilation
•    an instructional text
•    a test
•    answer material for a test
•    a sound recording
•    an atlas
if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire….
The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary.

Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.

Two General Principles
•    Mere ownership of a book, manuscript, painting, or any other copy or phonorecord does not give the possessor the copyright. The law provides that transfer of ownership of any material object that embodies a protected work does not of itself convey any rights in the copyright.
•    Minors may claim copyright, but state laws may regulate the business dealings involving copyrights owned by minors. For information on relevant state laws, consult your attorneys.
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COPYRIGHT AND NATIONAL ORIGIN OF THE WORK

Copyright protection is available for all unpublished works, regardless of the nationality or domicile of the author. Published works are eligible for copyright protection in the United States if any one of the following conditions is met:

•    On the date of first publication, one or more of the authors is a national or domiciliary of the United States, or is a national, domiciliary, or sovereign authority of a treaty party,* or is a stateless person wherever that person may be domiciled; or

* A treaty party is a country or intergovernmental organization other than the United States that is a party to an international agreement.

•    The work is first published in the United States or in a foreign nation that, on the date of first publication, is a treaty party. For purposes of this condition, a work that is published in the United States or a treaty party within 30 days after publication in a foreign nation that is not a treaty party shall be considered to be first published in the United States or such treaty party, as the case may be; or

•    The work is a sound recording that was first fixed in a treaty party; or

•    The work is a pictorial, graphic, or sculptural work that is incorporated in a building or other structure, or an architectural work that is embodied in a building and the building or structure is located in the United States or a treaty party; or

•    The work is first published by the United Nations or any of its specialized agencies, or by the Organization of American States; or

•    The work is a foreign work that was in the public domain in the United States prior to 1996 and its copyright was restored under the Uruguay Round Agreements Act (URAA). Request Circular 38b, “Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA-GATT),” for further information.

•    The work comes within the scope of a Presidential proclamation.
In the next article we will be looking at what works are and what works are not protected by copyright.
Adrian Naudé
Naudes Attorneys

When a company develops a product, they have to make sure that the product conforms to certain standards, and if there are risks of using the product, it must be printed plainly and visibly on the outer packaging. When a company fails in the design, production, or packaging of a product, this can result in the consumer sustaining injury, which the company is liable for. This is where hiring a San Antonio liability lawyer come in handy. The lawyer can make sure that the company has to pay for any medical treatments that were required, but also for any work wages lost due to the injury, and possibly even mental and physical suffering.

Another kind of liability suit is for premises liability. Most lawyers who deal with product liability, also deal with premises liability. Occupiers of rented premises and land owners have a responsibility to keep their premises safe. Particularly if the business they operate entails people visiting the premises. It is a legal responsibility and for example if you operate a supermarket in a rented building, and you fail to warn of a danger to the public, you can be held liable for any injuries to that member of public. Some of the most common premises liability claims are for trips, slips and falls in supermarkets or other stores.

When making a claim about a product which hasn’t lived up to the company’s promise, it isn’t a simple case of suing one company. As there is usually a designer, manufacturer, and supplier involved in the production of an item, all three companies can be sued if the fault lies with all of them. In certain cases, such as a design error, the designer may be the only one sued. A San Antonio lawyer will be able to advise you of which company(s) should be sued and plan the claim accordingly.

Think about this: a car roof is supposed to keep you safe in case of an accident, and it collapses on impact. You could have a product liability suit. This applies to all kinds of products, toys, the gas tanks of cars, tools, pharmaceuticals, appliances, household cleaning and other products. There are a huge amount of products that don’t do what they are designed to do and cause harm. If you are the recipient of any injury caused by any harmful or defective products and you live in the San Antonio area, a liability lawyer should be consulted.

Just know that the choice to pursue a San Antonio liability case is totally up to you—but you have to think in terms of others. What happened to you might have been a one-off accident, but what if it was something that a company does on a daily basis. Not reporting a company could result in many other people being injured. It’s up to you to decide.

If you have always thought the copyright is the domain of attorneys only, this series of articles will assist you in understanding the basics of copyright as a layman, so that you can make sure you are protected and also to ensure you don’t infringe on existing copyright.

WHAT IS COPYRIGHT?
Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
•    To reproduce the copyrighted work in copies or phonorecords;
•    To prepare derivative works based upon the copyrighted work;
•    To distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
•    To perform the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
•    To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and
•    In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.
In addition, certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act. For further information, request Circular 40, “Copyright Registration for Works of the Visual Arts.”
It is illegal for anyone to violate any of the rights provided by the copyright code to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 120 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of “fair use,” which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a “compulsory license” under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the copyright code or write to the Copyright Office.
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WHO CAN CLAIM COPYRIGHT?
Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.
In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright statute defines a “work made for hire” as:
(1) a work prepared by an employee within the scope of his or her employment; or
(2) a work specially ordered or commissioned for use as:
•    a contribution to a collective work
•    as a part of a motion picture or other audiovisual work
•    as a translation
•    as a supplementary work
•    as a compilation
•    an instructional text
•    a test
•    answer material for a test
•    a sound recording
•    an atlas
if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire….
The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary.
Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.
Two General Principles
•    Mere ownership of a book, manuscript, painting, or any other copy or phonorecord does not give the possessor the copyright. The law provides that transfer of ownership of any material object that embodies a protected work does not of itself convey any rights in the copyright.
•    Minors may claim copyright, but state laws may regulate the business dealings involving copyrights owned by minors. For information on relevant state laws, consult your attorneys.

Adrian Naudé

Naudes Attorneys

It goes without saying that the expertise and experience possessed by ones lawyer to a large degree will dictate the level of success. In an ideal world the person who is right should have the law on his side, but in the real world that may not be enough. To ensure that you hire only the best legal professional requires looking beyond the yellow pages and to in fact also expand your search so that you are able to identify a person with enough experience and a track record of proven success in handling cases such as yours.

Selecting the right kind of attorney is thus of paramount importance.

Looking Online

Finding an attorney via the Internet is a good method. An online attorney listing will yield a lot of variety when it concerns finding attorneys that specialize  in cases such as yours. As an example, injuries and accidents will require a lawyer knowledgeable in those areas while something that concerns various forms of intellectual property need a different type of attorney, probably one who works with patents and the like.
Dealing with the IRS, with things like audits and collection, will in turn require an attorney that knows all the finer points of tax legislation.

Besides being more practical, hiring a local lawyer may also be something you want to consider first as laws vary from state to state, not to mention in foregin countries. In fact, you should also look beyond just a person or firm that points you in the right direction because you need to also include factors such as comfort in dealing with one another and also previous record of handling cases such as yours.

With laws being complex as they are, it is not always that you know what direction you should go in. In such a situation an experienced attorney can provide valuable insights in regards to what should be your next move. If he or she can not give you specific advice, at least you will be able to figure out what kind of attorney you need to hire.

Using one of the online services that can direct you to an appropriate attorney will usually give you an update on what the hottest legal topics currently are. These lists contain several important pieces of information including definitions, services, topics as well as locations throughout the US and are an excellent starting off point for finding the right legal professional to handle your case.

When you purchase a new vehicle, you have certain expectations. For example, you presume that your new car will start properly, function according to reasonable quality standards and be bereft of mechanical problems. Unfortunately, many people discover that their vehicles perform far below their expectations. Often, the issue may not only impact comfort and convenience; it may have an effect on the safety of the driver and passengers. When this occurs, the owner of the automobile can pursue a claim under the “Lemon Law”. Below, we’ll discuss how hiring an attorney may be helpful in making such a claim. We’ll also explain how the lemon law treats used cars and how to help ensure you win your claim after filing it.

Making A Claim

Identifying a problem with your vehicle does not automatically qualify it for a lemon law claim. Once an issue is identified, you need to make a reasonable attempt to have the issue resolved. Normally, that means taking your vehicle to have it repaired. If the issue is sufficiently resolved by the repair shop, your vehicle can’t be considered a lemon. However, if you have made repeated attempts to fix the problem and have been unsuccessful, you can file a lemon law claim.

Consider hiring the services of an experienced lawyer to file your claim. While you’re not required to do so in many states, a lawyer can guide you through the process of filing and represent you in the event the car manufacturer decides to litigate. What’s more, lemon laws are different in each state and can often be unclear. A Lawyer can determine the best course of action in your case and evaluate your chances of winning a clam.

Used Cars And The Lemon Law

Even if you have bought a used car, the lemon law may still apply. If a warranty exists, your vehicle must function in a manner that is consistent with the outstanding warranty. If it does not, there is a breach and you should seek recompense. If your used vehicle is not covered by a warranty, you’re not necessarily without recourse. If there is a safety issue, you might be due some form of compensation. Many states cover used vehicles under the lemon law depending upon the age of the vehicle, how many miles it has been driven and the manner in which it was acquired. Because these factors vary by state, hiring a lawyer can be extremely helpful.

Winning Your Claim

The most effective method for winning your lemon law claim is to document every piece of information that is relevant to your vehicle’s poor performance. Note the reading on your odometer (write it down). Make sure you file all records of all car maintenance and repair shop visits. Make copies of any type of correspondence between yourself and the vehicle’s manufacturer. The more extensive your record keeping and total documentation, the better chance you are to win your lemon law claim.

The lemon law exists to protect you from unreasonable problems with your vehicle. Responsibility is that of the manufacture to ensure that the products they supply are in working order. If you’re experiencing recurring problems with your vehicle and suspect that it may qualify under your state’s lemon law, speak with a lawyer to discuss your options. You may be eligible for compensation.

An unfortunate aspect of the family law system in Florida is parents are at times unlawfully threatened with jail time for failure to pay child support when they actually can’t afford to pay.  While some parents simply refuse to honor their child support obligations, others would like to pay but cannot.  They may have lost a job.  They may have other children with special needs that affects their ability to pay.  They may have medical or other problems that hamper their financial situation.  Often they lack the ability to hire an attorney, and free legal services, such as Legal Aid, refuse to help them.  Fortunately, Florida’s appellate courts offer a source of relief to the parent who legitimately cannot pay his or her child support. As an expert in labor & employment litigation, Attorney Peter Mavrick has significant experience in cases such as this.

The Florida Department of Revenue generally files civil contempt proceedings against non-paying or financially delinquent parents.  The objective of the Department of Revenue is to force the non-paying parent to make a payment.  However, as explained by a recent Fourth District Court of Appeal case, Larsen v. Larsen, 949 So.2d 278 (Fla. 4th DCA 2007), and its predecessor Larsen v. Larsen, 901 So.2d 327 (Fla. 4th DCA 2005), civil contempt is not applicable against a parent who lacks the ability to pay a “purge” amount.  A purge amount means a figure a court says will be needed to avoid a penalty, such as incarceration.  The important question is, does the financially delinquent parent have the ability to pay the court ordered purge?  If the evidence, not hunch or guess-work, shows that he or she cannot pay the purge, then there can be no civil contempt or penalty against that delinquent parent.

Get more information from Attorney Peter Mavrick.

In the 2007 Larsen decision, the appellate court reversed a trial judge who held a father in civil contempt for failing to pay his full child support, which had been previously calculated before his financial circumstances had changed.  The father tendered evidence that he lacked the income to pay child support, because he had to pay rent of $560/month, $200/month to the Internal Revenue Service, and paid his ex-wife $500/month; the ex-husband stipulated his monthly income was $1,700.  In other words, the ex-husband had only $440/month to somehow make ends meet, such as buying food to eat, paying for any needed transportation to and from work, and paying for other necessities such as medical care.  The former wife “admitted she did not know the former husband’s salary or if he had the ability to satisfy his financial obligations.”  The appellate court determined that there was “no substantial, competent evidence to support the trial court’s finding that the former husband had the ability to pay the full amount of the previously ordered support and willfully refused to pay the same.”  The appellate court determined that the trial court could not hold the father in contempt and couldn’t require him to pay more money to the ex-wife; the appellate court reversed the trial court’s decision.

The Larsen case illustrates the general principle that child support obligations must be reasonable and cannot be used as a weapon to force payment a parent does not have.  As economic circumstances worsen, this case will become an important defense for parents whose finances do not legitimately allow them to meet their previously calculated child support obligations.

Attorney Peter Mavrick practices in the field of business and labor/employment litigation in Fort Lauderdale, Florida.  The research in this article comes from a pro bono case in which Mr. Mavrick represented an individual in need.  Information contained in this article is accurate as of December 2008.  This article is for general information use only, and does not substitute for specifically tailored legal advice.

South Dakota Lawyer - A lawyer is someone trained in aspects of law and the legal system usually providing legal advice. Also known by the title attorney, advisor or advocate. When a lawyer steps into a courtroom to represent and defend a client, he (or she) becomes their advocate. Not all want or will appear in court whilst others dedicate their whole lives to courtroom appearances. When acting as a legal advisor, their responsibility is to provide legal guidance. This is usually when client requires guidance and possible courses of action.

A New Hampshire Trial Lawyers who primarily spends time in court is called a trial lawyer. This is an area that requires the advocate to be quick thinking and a competent speaker. Trial lawyers spend the majority of their time outside the courtroom. They conduct research, interviewing clients and witnesses plus handling other details in preparation for trial.

The law in all its guises affects every aspect of modern society. This is why lawyers have their own set of laws they must abide, to be above reproach. Owing to the nature of specialization with legal representatives, they may never actually attend court, although they are licensed to represent their clients there.

Lawyers can specialize in a number of different areas of society, some of the areas of specialization could be:

Bankruptcy,
Insurance,
Contract Law,
Marine Law,
Fraud,

Considering the number of legal representatives there are, it is surprising just how many will never be required to attend a court of law!

Environmental law for instance employs experts who will represent private, government and individuals, just a few of the many examples are listed here:

Waste Disposal Companies,
Federal Agencies,
Oil Companies,

It is not all glamour though as much of the work involves resolving land disputes, planning licenses and land administration, although they may also be called upon to challenge or defend other civil actions.

Some Idaho Lawyers concentrate in the growing field of intellectual property rights, protecting clients’ claims to copyrights, artwork under contract, product designs, and computer programs. Some lawyers who specialize in insurance law are employed in permanent positions within insurance companies. Insurance contracts and claims are often investigated which is an are where their expert knowledge will be invaluable.

Most attorneys work in the private sector working on criminal or civil law. Criminal lawyers defend or prosecute persons charged with a crime. Whereas civil law deals with civil disputes, usually between two parties.

Some handle only public interest cases both civil and criminal. These usually involve disputes or claims against governments or large corporations. Lastly, there are lawyers who work for legal-aid societies and non-profit organizations. This type of work is more about helping those are not able to have legal representation any other way.