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Who Owns The Copyright of Work Created By A Contractor? A Trap For The Unwary

It’s really basic: ownership of the copyright in work a business pays for can often be critical for successful commercialization of that work. Unfortunately, the U.S. Copyright contains arcane provisions that will often produce a counter intuitive result – leaving full copyright ownership with the contractor. How could this possibly be?? Internet attorneys, advisors and businesses cannot afford not to be aware of the applicable laws.

BACKGROUND:

When copyrightable work is created by an employee, the work can become the property of the employer in one of two ways: either by qualifying as a “work made for hire” as defined in Section 101 of the U.S. Copyright Act or by having the employee assign the work to the employer.

A “work made for hire” can be created by an employee or by an independent contractor. If created by an employee within the scope of his or her employment, then all such work is automatically owned by the employer as a “work made for hire.” No written agreement or mention in an employee manual is required, though this may be recommended.

HOWEVER, when work is created …

How You Can Protect Against Identity Theft And Fraud

If you are a regular internet user, there is a high chance of experiencing identity theft. Thus, it is imperative to learn how you could protect your identity against theft. It is a genuine concern that over 10 million users all over the world are affected by identity theft in one way or other. The identity theft has increased rapidly in recent times; it can be proved well by the increasing graph. If you are still now aware of it, you should be proactive to protect against identity theft and fraud. Avoid adding yourself to the 70% of those total users who have been victims of this weird crisis.

It is strange and unpleasant, that 47% of the victims of identity theft would experience an utter difficulty in getting their loans and credit passed. If you consider to shred off all the documents, it is simply not going to help you. Awfully, even the elderly people and children are sufferers of this severe crime. Hence, data protection has become more important for this reason. If you doubt such a possible encounter, you have some sure solutions for this. You must have …

The Best Appraiser Database at Your Service

If to conduct the valuation of different types of real property it can be done through the usage of different methods and it is regardless of the type of the property or depends on the person who owns it. There are people or group of people who work in localities and are also familiar with and in regards to this they have a very sound knowledge of any type of environmental or any type of concerns that will go to affect the type of the property. These people will also going to note any of the unique or specific characteristics of the given or stated property and also of the surrounding area, like those of any particular architectural style of a building or may be any major highway which is located next to the parcel. Along with this they will also taken into account various different additional aspects of the property.

The word Appraiser in general terminology means it is the one who is going to sets a value upon any property, real or personal. In London and in whole U.K. the business or work of this person is combined normally with an …

Freedome of Expression Rights vs. The Trademark Act The freedom of expression is an important right enshrined in S. 2(b) of the Canadian Charter of Rights and Freedoms. The Trade-marks Act protects the right to protect your registered trademark against depreciation from others making use of that mark. There can be friction and tension when these two rights conflict.

Canadian courts have had to deal with these conflicts several times to determine whether free speech trumps the rights of a trademark holder. For example in Source Perrier SA v Fira-Less Marketing Co, (1983) 70 CPR 2d 61, Fira-Less sold Pierre Eh! carbonated bottled water, and claimed that it was a parody of then-Prime Minister Pierre Trudeau. Source Perrier successfully obtained an injunction against Fira-Less. The court in this case said: “[t]he most liberal interpretation of ‘freedom of expression’ does not embrace the freedom to depreciate the goodwill of registered trademarks, nor does it afford a licence to impair the business integrity of the owner of the marks merely to accommodate the creation of a spoof.”

In the later case Michelin v CAW Canada, (1996) 71 CPR (3d) 348, the court drew a distinction between commercial and non-commercial use when in …

Useful Guide On How To Prevent Identity Theft

For over few decades, many people are falling victim of identity theft. If your personal information goes in a hand of a thief or criminal then they can misuse it opening your bank accounts in your name, and fraudulently apply for loans and credits. They can use it for their personal gains, so knowing how you prevent identity theft can always safe yourself from becoming an identity theft victim.

Here are some few solutions that help you to know how to prevent identity theft:

It is important that you closely monitor your credit. As we know credit report contains details and info about your credit accounts as well as bill paying history. So, you can be tipped off when someone is impersonating you. Be careful about suspicious signs such as accounts you didn’t open. It’s a good idea to consider Identity Theft Protection Services ranging from credit monitoring to database scanning, for extra security.

Keeping records of your financial data as well as transactions is one tip on how you can protect yourself from IdentitTheft Prevention. Make sure you review your statements on regular basis for any activity or changes you didn’t …

Cyber Stalking Facts

Cyberstalking is a recent form of criminal behavior involving persistent threats or unwanted attention using the Internet and other means of computer communications.

With more and more people going “online,” the opportunity to target someone on the Internet is becoming limitless. Cyberstalkers visit chat rooms, discussion forums or message boards in search of victims. The range of cyberstalking can range from aggressive and hostile email, chat room bullying, leaving abusing messages in guest books to sending e-viruses, tracing a victim’s computer and identity theft.

Like regular stalkers, cyberstalkers want to intimidate and control their victims. Cyberstalkers do it with the use of the Internet. The Internet can be used to trace the victim’s real name and address. For instance, it is remarkably easy to find out what party a victim is planning to attend and when by checking the information on a site such as Facebook.

The use of technology makes locating a victim easier than ever before. Anyone can type in certain key words into the computer which will bring up a myriad of internet datafurnishing companies that supply private records and information online, either free or for a nominal fee. The internet can do what …

India Patent is a Platform to Share Information on Patent and Innovation

Patent Registration in India aims at preventing and protecting the unauthorized use, selling and importing of the product or process innovatively invented. Patent is a legal right/document given by government to the inventor of the any new and useful product. patent registration is an exclusive right given for definite number of years to the inventor of the product. The protection is granted for a limited period, generally 20 yrs. patent renewal fees are payable every year. The first patent renewal fee will be due at the expiration of the second year from the date of the patent. Thereafter renewal fee should be paid at the expiration of every succeeding year. Payment of patent renewal fee in advance is permissible. If the renewal fees is not paid within the prescribed period the patent will cease to have effect on expire of such period. However, it is advisable to get patent renewed for twenty years at once.

Patent registration is one of the powerful tool and favored law services for the newly get invented products. It act as powerful tool in order to prevent one’s innovative invention from the unauthorized …

Business Litigation in Delray Beach

Attorneys are the one who rescue you from the law problems and make you rid off from your personal life. They are the challenge meeting person every day. Have to bring their client to the safer part from the government. The law officers are the firm that represents clients in a variety of legal matters, including defense of foreclosure cases, commercial/partnership disputes, personal injury cases and appeals. Further, a boutique firm can provide a higher level of client service and satisfaction while simultaneously providing more competitive billing rates.

We focus on the Business Litigation, Bankruptcy, Real Estate Attorney, etc. we show difference in two of our legal services firm and many others in the industry are our responsiveness and our solution oriented focus. For solution orientation, corporate and small business people frequently refer to lawyers as ‘deal killers,” but unfortunately, this is sometimes a justified criticism. It should be remembered that legal training is, largely focused on “problem or issue spotting” .The lawyers that are best at spotting problems and, then, at having the foresight to find solutions are we lawyers have gained this experience through their executive level financial industry employment or through their …

Look at Your Pre-Employment Background Check Before Applying For a New Job

Many people find background checks offensive and consider them an invasion of privacy, since they feel that their privacy is invaded with little to no concern for the individual. The bottom line is that your right to privacy is severely limited and only specific records fall under the protected category. Many records are open to the public, and pre-employment background checks do not provide any more information than that which is available through a comprehensive public records search. Online background check services have made it much easier for information to be accessed, but pre-employment background checks do not provide employers with “private” information.

Pre-employment background checks may include credit score information and the information obtainable from a credit report, but applicants must grant their permission prior to an employer completing such a check. In fact, current and prospective employees must always provide permission before a company can purchase a background check. This requirement, like so many requirements, only applies to purchasing the information from an external source. If the business has its own dedicated employees who perform searches internally for the company, the onus is significantly reduced. The …

Removal Defense Part Three- Voluntary Departure

Voluntary Departure is perhaps the form of relief that individuals in removal proceedings least like to discuss for the simple fact that such a relief ultimately leads to that person’s departure from the United States. However, voluntary departure is an important form of relief as it allows an alien to leave the United States under his own volition and not under an order of removal. Therefore, a person who has been granted voluntary departure will not be subject to the 10-year inadmissibility penalty for those ordered removed. This form of relief is not a simple as it may appear, so if you are in removal proceedings make sure you consult with a seasoned Deportation Lawyer in VA.

When Can Voluntary Departure Be Granted?

Voluntary departure can be granted by ICE prior to the initiation of removal proceedings, or it can be granted by the immigration judge at the beginning of immigration proceedings. It is generally easier to be granted voluntary departure prior to the end of immigration proceedings. In such circumstances, the alien must pay for his or her trip home. Furthermore, in order to be granted voluntary departure by an Immigration Judge, the …