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Copyright Infringer  Employer or Employee?

When a piece of work faces plagiarism and the infringer is an employee or a hired contractor, the employer is held responsible for this act. Hence, he is liable of punishment for the violation of the Copyright Law.

The copyright owner can appeal in the court for this infringement against the employee or consultant for authorizing the violation of copyright by the employer; the employer on the basis of his responsibility for the acts of his hired persons; any person who allows the performance in public of a literary, musical or any other work without the consent of the copyright holder; anyone who assists in the unlawful reproduction of a tangible work by a copyright infringer.

The employer is most likely to be charged for plagiarism as he should be monitoring the acts of his employees or consultants and is financially stable enough to afford the legal expenses and pay for the damages to the owner of copyright. Compensation for the damages caused by such an infringement is not fixed in the Copyright Law, it depends on the conditions and circumstances. These are generally determined by the commercial values. Either the alleged work is copied …

How To Be Compensated For Personal Injury

You can definitely expect to be compensated for personal injury under certain circumstances. Your employer or his insurer will be responsible for compensating you for any injury sustained while you are at work, performing your regular tasks. You will also be entitled to compensation if, while driving, someone rammed into you, resulting in a vehicular accident. That person responsible will compensate you. Injury could also be sustained while innocently walking close to a construction site and falling debris or objects hit you. The developer or his insurer would be liable for the injury and other damages. Aside from those mentioned, there are still so many other instances where you can claim compensation for personal injuries.

One thing you have to keep in mind is the fact that, in many cases, compensation for personal injury is not given voluntarily. You have to get the people involved compelled (typically by the courts) to compensate you. It is not really something that they would do of their own accord or free will.

Frequently, you would even need the police to be around from the beginning to make your case stronger. The moment you get injured at …

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 …

4 Key Components of Normal And Routine Psychological Assessment Process

The term psychological assessment can be defined as the evaluation of an individual by a qualified and skilled psychologist to determine the required mental health services. A number of people are specifically referred for the specialized tests and mental health screening processes. At the same time, many people have to undergo the screening for employment, education and legal purposes. Most of the experienced psychiatrists determine the mode and process of evaluation by observing the behaviours and tendencies of the individuals. Normally, the purpose and method of mental assessment vary from one individual to another. But most of the psychologists concentrate on some key components, irrespective of the format of the psychological assessment.

Interview: Most of the psychologists prefer observing their clients during a personal interview. They simply talk to the individuals to collect information related to the background and current state of mind. When the interviewee is answering the questions, the professional pays close attention to his verbal as well as non-verbal clues. The response of the interviewee is also evaluated based on his tone and voice inflections. Normally, the psychologist asks questions pertaining to specific questions, situations and statements. …

Negligence in Employment in Canada

Negligence in employment covers several actions in tort law, mainly when an employer is responsible for the accident (or other tortuous act) caused by the employee. The employer in this case is negligent in providing the employee with the ability to create this situation. A person who is claiming negligence must prove that the defendant owed them a duty of care, that this duty was breached and that the claimant was injured as a result of the duty breach. This duty exists only if the injury is labeled as “reasonably foreseeable” (can cause the harm of the type which occurred at the current accident). The claimant must also be the person for whom the harm would be a “reasonably foreseeable consequence”. Generally the law divides Negligence in employment in four scenarios: negligent hiring, negligent retention, negligent supervision and negligent training.

Negligent Hiring

Negligent hiring is a situation when the employer hires the employee ignoring some of his work records that pointed to the fact that the accident can occur. This is one of the cornerstones of negligence in employment, because at this point everything depends on the actions of the employer and his professional skills …

Partnership Dispute Resolution Options

If you are engaged in a partnership dispute which is damaging your business you have traditional and alternative dispute resolution techniques available to you. If you cannot solve the matter between yourselves in the boardroom you are going to have to get a third party in to help you out.

Alternative Dispute Resolution

Alternative Dispute Resolution techniques are now commonly used by businesses to prevent the matter entering in to the public eye. If you choose an alternative resolution technique you will be able to keep the matter entirely confidential, hence it being the most popular option in the modern business world. When you business relies heavily on the media for advertising and marketing purposes, you do not wish to taint you reputation with bad press. Bad press never goes away and unfortunately one derogatory article can be worth a thousand good articles in the eyes of a potential client. The alternative dispute resolution options you have are:

Mediation is the least invasive of all the techniques on the market it simply requires you to discuss the matter at hand with a mediator present. The mediator will be a non-biased third party. They are not present …

The Key Steps Involved in Software Patent Application

By having the business method patents, different companies now would be able to protected their own developed business doing methods .Like the other laws including the copyrights and trademarks, patents are not considered to be automatic under common law and therefore has to be applied using the US Patent and Trademark Office. This post discusses the amount of steps involved in this work of software patents. The following are the steps involved for the same, go through them one by one as they will help you the topmost in filing the patent with the help of your lawyer:

Ensure that the software you patenting must be original and useful to all. To get the approval for the patent, the software has to be unknown and unique . The factor of value is usually calculated by counting upon the benefits it will render to the users. You can check some formats and specimens over the website of US Patent and Trademark office which can prove to be helpful resource while drafting software patent application.

Work out an accurate and specific description for your unique software and amenities. This is considered to be a …

Legal Issues in Copyright Litigation Attorney

The Copyright Law consists of all of the legal concepts and rules envisaging the safety of those who create intellectual works in the sector of literature, songs and the fine arts, including photos, movies and performance of artists. It’s essentially worried about the negative right of preventing the copyright of material, physical, existing in the field of art and literature. Its object is to protect the author of a main work from the unlawful copy of his material. Copyright is really a man’s inherent right over his mental property which hails from the deep recesses of the human brain and assumes tangible form known as his works. Nothing can be known as a man’s property than the fruits of his brains. The exact property is an post or material accruing to him by reason of his or her own mechanical labor isn’t denied him: the labor of his mind is no less arduous and therefore no less worthy of protection of the regulation. You’ll need a Copyright litigation attorney to find out more.

The reason why you require a copyright litigation attorney? It is extremely difficult to prove duplicating by primary proof. Consequently, to …

What Should One do if a Family Member Dies a Wrongful Death?

It is very shocking when a close family member or relative dies a wrongful death due to an accident or medical negligence. It becomes harder for the dependents when it comes about accepting the reality, managing funeral, paying expenses and coming back to routine life. Let me tell you what you should do if unfortunately you lose a loved one due to an accident or negligence on part of health practitioners.

Medical Negligence is Increasing Rapidly

Medical negligence claims and fatal accidents are increasing every year. Every day, we hear about a patient’s death due to a medical staff’s negligence. Medical negligence includes all types of mal-practices by a medical and paramedical staff, intentionally or unintentionally.

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Many of us consider doctors and paramedical staff as angels on Earth. We trust them with all our hearts when any family member suffers minor to major injuries or disease. All our trust and hope shatters when we find our loved one suffering due to medical negligence

Never Delay Making Medical Negligence Claims

Medical negligence can lead to minor injuries, infections, diseases, complications, comma and even death. If anyone is suffering …

The Concept of Conveyance and Property Solicitors in Scotland

In the Scotland Law enables house purchasers to do their very own convincing, an activity that involves detailed queries of documents as well as deeds which starts after a price tag continues to be agreed through the buyer as well as seller. You will find “how to” deals and many individuals choose to not pay the solicitor to perform their own convincing to them which saves cash.

Perhaps due to this tendency which began more than 30 years ago, Solicitors Glasgow usually do not overcharge for his or her convincing solutions. It is advisable with regard to reassurance mind to employ Property Solicitor who knows convincing. There are lots of issues which the unsuspecting person can get into when associated with doing his or her personal convincing. For instance a lawyer surely figure out the motorway is prepared near the house and can recommend the buyer from the reality, based on the sound levels and also the nearness from the street. A lawyer would also generally be capable of finding away if the home is or might soon land on a trip path. Property Lawyers are stuff that a person might …