Do The Trade Unions Serve The Purpose?

Generally, 'Trade Union' means the formal association of the workers or employees in an organization, a group of trades or profession formed to claim the legitimate rights and promote their common interest i.e. welfare rules for their own welfare. When the workers are the members, it is known as Employees or Labourers Union. If the owners of businesses join together, it becomes a ' Trade Association.' Here we are going to analyze the usefulness of the Employees Union on three counts.
1. Honesty matters. Employees and Employers/management both stand to gain if the Union leaders are honest and sincere in their approach. In the modern times, many of the leaders take sides with the management and strike secret deals to further their self-interest, but pretend to have achieved favors by compromising the welfare of the employees. For instance, the leaders claim success for agreeing to a 10% pay-rise against the original demand is 15%. On the contrary, the sincere leaders face all sorts of troubles if they incur the wrath of management for not acceding to the latter's wishes.
2. Morality suffers. Work culture gets spoiled, and the production suffers affecting the entire economy and the standard of living. Generally, the leaders are a liability as they hardly contribute to the business income. These leaders incur costs during the course of the union activities, and these costs are borne by the employees by way of a monthly subscription. Not only that, the productivity and morality take a hit when a coterie develops around the leaders. For example, the work-loads of the leaders are passed on to the already hard-working staff thus staring the latter morally.
3. Public money wasted. When the government formulates schemes such as privatization, consolidation, mergers, and dis-investment, many leaders resist as a matter of trade union and not in the best interest of the society. Consider the case of merger proposal for commercial banks in a country. The union leaders oppose such initiatives to retain the positions and power. Because when the entities are merged, there will exist only one union with a set of leaders while the leaders of the dissolved institutions have no option other than the compulsion to work under the new union. When a merger is skipped, the executives, departments, and union leaders become redundant in each organization leading to a huge loss to the public exchequer. Moreover, the situation of many banks leads to stiff and unfair competition among them resulting in the misuse and abuse of the powers and resources, which again adversely affects the economy and the social welfare.
4. Politicization spoils. The moment a union gets affiliation to any political party, the union's focus is lost. Because it has to tow the lines of the outsider, overlooking the welfare of employees. There are instances when the owners are forced to wind up the businesses due to the unfavorable labor conditions created by the political outfits through the unions.
Unless the leaders of the unions remain true and sincere in their assignments, no appreciable benefits will accrue to the constituents of the union. In fact, the spirit of trade unionism can be saved only if the people in the front conduct themselves to foster faith and strength in the minds of the workforce. Collective interest must take precedence over the individual.

Child Labor Laws Around the World

Even in today's modern world, an estimated 168 million children still remain trapped in child labor, several of them for even full time. Most of them do not get a chance to receive formal education and several of them do not even get proper food and nutrition. Moreover, at least half of them have been involved in the worst of the working conditions, slavery and other illicit activities such as prostitution and human trafficking. However, the United Nations, the International Labor Organization, and the national governments have been trying their best to get this inhuman practice eradicated and bring back the childhood of these innocent children. However, let us know a bit more about the child labor laws worldwide.
Categories of Child Labor as Defined by The International Laws:

• Human Trafficking, slavery, debt bondage and other forced labors, prostitution, pornography and forced recruitments into armed conflicts are termed s the unconditional worst forms of child labor.
• Any kind of labor performed by the child, which is not permissible at his specific age (as defined by the national legislation) which might hinder the child's education and development.
• Labor that might hinder the mental, physical or the moral well-being of the child. It usually includes working in hazardous conditions or the nature of the work being performed.

Minimum Working Age:Most of the countries retain strict laws and have restricted the minimum age for working to 14-15 years. However, there are some exceptions, which have been set by the International Labor Organization. For developing countries, where the economy of the country might be dependent on the working children, it might be permissible for children of above 12 years of age to do light work in suitable conditions and as long as it does not affect their formal education.
Age Restrictions and Types of Works:
Along with setting the minimum working age of 14 years, the ILO has restricted the minimum working age to 18 years for work in hazardous conditions, such as working on a construction site, dealing with machines which could cause any kind of harm or any other worst kind of works. "Worst Forms" of works as defined by the International Labor Organization, includes slavery, prostitution, human trafficking and several other inhumane practices.
Penalty Imposition:
The penalties which are imposed for the violation of any kind of child labor laws depend on the situation and the location. For eg., in California, violating any child labor laws may lead up to 6 months of imprisonment in the county prison and/or $500-$10000 of a monetary fine. In most of the countries, companies can face fines and legal suits against them if found guilty of the violation of child labor laws. However, huge cultural differences and other legal complications make the laws difficult to be implemented strictly in several countries. Moreover, as per Right To Education Project, the child labor law implementation still lacks back in several countries as they do not possess enough means to enforce the laws strictly.

Article Source: http://EzineArticles.com/9901007

The Guarantees for Protecting The Remuneration and The Procurement Thereof UAE LABOR LAW

The remuneration shall include all the monetary and in-kind elements provided by the employer to the worker in exchange for the effort and time provided by the worker. The U.A.E Labor Law has provided guarantees to protect the worker's wage and to obtain it in full as stipulated by law as follows:
First: Protecting The Remuneration from The Deduction:
In accordance with Article No. (60) of the Labor Law, any amounts of money may not be deducted from the employee's remuneration to recover rights, except in the following cases:
A. Repayment of advances or amounts of money paid to the employee in excess of his entitlement, provided that deduction in this case may not exceed 10% of the employee's periodic pay.
B. Installments which are payable by law by the employees from their remuneration, such as social security and insurance schemes.
C. Subscriptions of the employees in the saving fund or advances due for payment to the fund.
D. Installments in respect of any social scheme or other privileges or services provided by the employer and approved by the Labor Department.
E. Fines imposed upon the employee due to offenses committed by him/her
F. Any debts payable in execution of court judgment provided that not more than a quarter of the employee's pay shall be deducted. In the event of numerous debts or creditors, half of the remuneration at the most may be deducted and the sums of money attached shall be divided pro rata among beneficiaries after payment of any legal alimony amounting to one quarter of the remuneration.
The last clause (F) reflects the protection granted for the employee from his creditors, who may request the seizure of remuneration to fulfill their rights, because that the remuneration is the source of living of the worker and his family. The law has determined the seizure percentage for the single creditor that the seizure percentage shall not exceed the quarter and in the event of the diversity of the creditors the seizure percentage shall not exceed the half of the remuneration. And if alimony is among these debts, then quarter is assigned and the remaining quarter of seized half assigned to pay other creditors pro rata, i.e. employee fees are 8000 AED and half of this amount seized for the benefit of the creditors, then quarter (2000 AED) to pay alimony and remaining 2000 AED paid for creditors pro rata.
In order to estimate the percentage of the remuneration of the employee which may be deducted, first; the percentage should be calculated of the aforementioned deductions as states in the clause (A - C) of Article No. (60) of the said Labor Law, and the remainder shall be deducted of the percentage mentioned in clause (H) of the same Article- If the remuneration of the worker is ten thousand Dirhams, and the total amount deducted from loans, subscriptions, installments and fines is AED 1,000, the amount deducted from it for the application of item (H) which mentioned above is nine thousand Dirhams.
Second: Estimating The Deduction In Case The Employee Causes Damages, Loss or Destructions;
In Accordance with Article No. (61) of the Labor Law which states that "If the employee has caused the loss, damage or destruction to any tools, machines, equipment or products owned by or kept in custody of the employer, to the extent that involvement of the employee was due to his fault or violation of the employer's instructions, then the employer has the option to cut from the employee's pay the amount required for rectifying error or restoring the item to its original condition, provided that the amount to be deducted shall not exceed five day pay each month. The employer can apply to the competent court through the concerned Labor Department for authorizing him to deduct more than this amount if the employee is financially sound or has another source of money".
Third: The Privilege Right to Obtain The Remuneration:
As states in Article No. (4) of the labor Law states that "All amounts payable to the employee or his beneficiaries under this Law shall have lien on all the employer's movable and immovable properties. And payment thereof shall be made immediately after payment of any legal expenses, sums due to the public treasury and Sharia alimony awarded to wife and children".
In the aforementioned article the legislator went outside the general rules established for the general privilege rights which stated in the text of Article 1515 of the Civil Transactions Law in two matters to protect the worker's right and ensure access to it:
The Labor Law grants the employee the right of privilege over all the employer's money, regardless of the amount or period in which the amount is due, meanwhile the general rules restrict the privilege to the extent as much as it is entitled of the general privilege rights in the last six months.
The labor law has preferred the privilege of the employee over the privilege states in the law for the due amounts supplied to the debtor and to those who dependents for food, clothing and medicine. Essentially the privilege rights are fulfilled by the percentage of each, while the labor law grants the worker the right to precede the privilege of the suppliers of food, clothing and medicine.
Fourth: Estimating the Deductions in Case of Imposing a Fine Penalty
As states in Article 104 of the Labor Law "A fine may be a certain amount of money or an amount equal to the remuneration of the employee for a certain period of time. A fine in respect of a single offence may not exceed remuneration payable for five days. It is not permissible to deduct within one month an amount equal to more than five days pay from the employee's remuneration in settlement of fines imposed upon him"
Fifth: Proving The Eligibility of The Remuneration
As states in Article No. 58 of the said law; "Settlement of the remuneration payable to employees irrespective of its amount or nature shall be evidenced only in writing, by declaration or oath. Any agreement to the contrary shall be null and void even if made before the effective date of this Law".
It is considered a protection for the worker as the worker is the weak party in the labor relationship, the legislator in this Article has went outside the general rules of the proof, where it requires the worker to prove his eligibility to his remuneration by writing or its alternative, declaration or oath or whatever the value of the remuneration, even if the value of the remuneration is less than five thousand Dirhams. However, the general rules for the proof requires the testimony of witnesses or evidence if the amount of debt is less than five thousand Dirhams. Accordingly, until the employer is discharged of the remuneration debt, he must provide written proof or declaration or oath of his fulfilment to the worker.
"it is not permissible to claim employee payment prior an official receipt or acknowledgement, or taking the oath or refusing to the same, i.e., the receipt issued by business owner regarding employee payment is not enough to prove the full fees payment.
Sixth: It is not Permissible to Force A Worker To Buy From A Certain Store or The Products of The Employer:
For the Protection of the worker from the possibility of forcing him to receive his wages in kind instead of cash, and it can happen through the payment of cash and then require/force the worker to buy products of the employer or his stores at prices controlled by the employer, Article 59 of the Labor law states the following "No worker shall be obliged to buy food or other commodities from specific shops or products manufactured by the employer"
If the employer is allowed to obligate the worker to buy from a certain place, he will impose the remuneration he wants and it may be lower than the minimum remuneration. That shall be achieved by giving the worker his remuneration in cash and then the worker is required/forced to buy from the employer`s shop or his products at higher prices than the other stores. By this method the employer will recover part of the remuneration paid to the worker.
In light of the aforementioned it reveals to us that the legislator has granted the protection for the worker with regard to obtaining his remuneration, where the legislator has codified all the provisions to protect the worker`s rights to obtain his remuneration and preventing his remuneration to be deducted under any circumstances in a way that affects his living or his family, that shows the human sense and the social commitment that is considered by the U.A.E law, which never considered the work relationship as a purely economic relationship.

How to Cope With Wrongful Termination

What is Wrongful Termination?
Wrongful termination is when an employee has been fired or laid off from his job without a lawful basis. This type of termination affects the employee in a number of ways. An employee who has been wrongly terminated can file a case against his employers to seek justice and compensations.
First of all, let us examine how a wrongful termination impacts an employee?
The employee suffers a financial loss
His source of income is severed. Usually, such terminations occur suddenly so the employee is hardly left with any time to make any backup plans.
Mental Trauma
Being terminated affects the self-esteem of the employee as he is at a loss about the actual reason for the termination. He could suffer mental agony and depression as a consequence of termination.
Impact on Career
A termination has a negative impact on the career of the employee because it is not viewed favorably by future employers. The individual could find it difficult to find a job and he may also have to compromise on the nature and salary of his new job.
All these factors have an overall effect on the life of the individual and his family.
Although under certain circumstances the employers have a right to terminate
employees, a termination is deemed wrongful under specific conditions such as:
• If the firing violates the state and federal discrimination laws.
• If firing is due to sexual discrimination.
• Termination that is against the terms of employment contract.
• Termination that does not conform to labor laws, etc.
• Firing that takes place as a consequence of retaliation by the employer against the employee who might file a complaint or claim against the employer.
If you are a victim of wrongful termination for these or any other reason, you are eligible for compensation from your employer. Your employer is liable to pay you for damages based on your lost wages and any other expenses. It is a good idea to consult a wrongful termination lawyer who specializes in such cases.
How can a lawyer help?
• These lawyers will represent you.
• They will find out the terms and conditions of your employment contract.
• Investigate the reasons and persons responsible for the termination.
• Review the promises made by your employers.
• Try to negotiate the best severance package.
In Conclusion
Working life is not devoid of its share of challenges and problems. One of the most unfortunate events in one's career can be a wrongful termination. However, the best way to cope with such a situation is to face it with composure. You can hire a reputed lawyer who can represent you and get justice.

10 Signs to Detect If Your Employer Is an Abuser Before He Beats You

Abuse is not an old headline at all among overseas Filipino workers. Serious cases of employer's abuse from the tale of Flor Contemplacion, to the executed Jakatia Pawa, to the most recent, Joanna Demafelis, the lady kept in a freezer, had marked ailing scars in our history and which had cast fear among aspiring OFWs.
The government has already imposed measures to protect OFWs abroad, even deployment ban to countries with ill regulations on expat workers. Abuse is everywhere, it can happen to anyone and anywhere, even to non- domestic jobs.
There will never be a perfect employer. Even those with flawless values can turn into their darkest and become abusive of their power as your superior. Foreign employers may tend to look down to their employees, especially to those countries who still values slavery in their culture or to those who look down at foreigners as merely second-class citizens.
Damage to an abusive employer doesn't just include physical harm, this also includes psychological, emotional, and social damages. For workers abroad and aspiring OFWs, there is a way to detect if you are deployed to an employer who has a great chance to intimidate you.
Here are 10 common indicators of an abusive employer you should be cautious about before he beats you in whatever way he knows:
1. Obvious illegal abuse such as unwanted physical contact, inappropriate comments, and other treatment you know is prohibited by the law.
2. He happens to yell at you, may it be in front of others or behind closed doors, to degrade you and to undermine your confidence. He always makes you feel bad, worthless, and incapable of what you're doing.
3. He collects your passport and visa and keeps it to somewhere out of your knowledge or access.
4. When he is too demanding with your work outputs. This is usually normal but if you think that you have done your best but still seen as not enough, he may just be being abusive.
5. When he speaks ill of people who are not present or even backstab you when you are not around.
6. When he limits you to talk with relatives or friends while even during break time. He may even collect your personal phone and he may limit you from going out. He may even forbid you from talking to anyone, that includes your co-workers, or he may tell everyone to stop socializing with you.
7. When he always checks on what you're doing and monitors you every minute. He controls your time even your minute breaks.
8. He wants you to work on your rest day and often asks you to work overtime.
9. Invades your privacy. He may listen to your private conversations or even tamper on your personal matters.
10. Workplace stress is a reliable indicator too of how abuse affects your wellness.
If the abuse is still manageable, a finding published at the Journal of Applied Psychology had shown that acts of kindness towards them could lessen the chance of him becoming hard or rude to you. Showing them doses of compassion and empathy may diminish the risk of them hurting you.
However, if your employer went beyond the limits, one should be forward and precautious to whatever things may happen.
OFWs are advised to document incidences of abuse. Have every encounter recorded on your phone or if to no avail, in a notebook, with details on when and where it happens. You can back this up with a list of witnesses' names if there's any.
Have it reported to the nearest office of the embassy or any government-related affiliates. Have your family know your current situation and notify it to your respective recruitment agency. Keep important contact details on hand in case of emergency.
If the abuse could already be qualified as a criminal offense such as sexual harassment or discrimination, you can already seek legal help from the government to assist you in filing corresponding charges.
Quitting the job may be the hardest resort, considering the journey you've had to reach that opportunity overseas. However, abuse is something that you should never tolerate. You should never risk your health and safety to a job that just pays you well.

10 Signs to Detect If Your Employer Is an Abuser Before He Beats You

Agency Workers: How Does the Employment Law in the UK Affect Them?

Understanding the term "Agency Workers"
Under the employment law, the definition of "agency worker" is established through payment. If an individual is paid by the agency, he or she is regarded as an agency worker. Also known as 'temps', agency workers enjoy most of the same rights as fixed-term or permanent workers. However, they are not likely to receive the same number of employment benefits as those individuals who are directly employed by an organisation.
Furthermore, agency workers have either a 'contract of service' or a written 'contract of employment' between the recruiter finding them job roles and themselves. On the other hand, agencies are not entitled by the employment law to charge any fees from job seekers for finding them work opportunities (except for those working in the modelling and entertainment industries). Rather, they may charge for related services like training or CV writing.
Temporary Employment Rights
First, temporary workers can expect fair treatment at work, despite not having the full gamut of employment rights, same as the permanent employees. Temporary workers also receive paid holiday, reasonable working hours, regular breaks and get paid in line with the National Minimum Wage. Furthermore, such workers are protected from discrimination at work by equality laws, along with health and safety regulations.
Equal Treatment after 12 Weeks
Once you have completed 12 weeks in one particular job role as a temporary worker, you may well qualify to be treated at par with any permanent worker employed in a similar role. This implies that you would be able to receive the same working time expectations, pay agreements and annual leaves as a peer, permanent worker. This entitlement is not affected by the fact that your work is part-time or full-time.
Having said that, any irregularities in employment may affect your entitlement to these work rights. If the break from employment exceeds 6 weeks between roles with one particular company, or you end up with a job role, which is significantly different from your previous one, the duration of your work with the company, for which you are considered engaged, resets to zero.
There are, however, some instances wherein some situations mean a 'pause' instead of a 'break' in your entitlement. Usually, the amount of time for which you are considered to have been working with your company stops during these periods. When you begin to work again with the same employee, the time resumes again. In general, this happens when you take a break from work for 6 weeks or less (or up to 28 weeks, in case you receive an injury or are suffering from illness), the workplace has temporarily closed or you avail holiday time.
If situations, wherein you take time off due to pregnancy, take adoption or paternity leave or need leave within 26 weeks of giving birth, the hirers will essentially consider you to be still working with them. This period will be later added to the time period when you worked for the employer.
Pay
The employment law in the UK entitles temporary workers to be paid the National Minimum Wage at a minimum, same as any other category of workers. Furthermore, a worker is entitled to be paid for all worked hours by the agency, irrespective of whether the timesheet had been completed. The agency, however, may delay the payment while conducting an investigation into whether the agency worker actually worked the hours. This investigation needs to be concluded within a reasonable time period.
If the agency has not received the wages by the hirers for a service provided, the worker would still be entitled to the agreed payment amount.
Terms of Employment
An agency has a legal obligation to set out the terms of employment in writing before they begin seeking roles for you. In general, these terms must include:

• relevant pay details;
• a notice period;
• details of employment (whether you are under a contract for services or contract of employment);
• leave and holiday entitlement;

In case, the worker agrees to any changes that are included by the agency in the terms of employment, a new document, comprising full details of the amendments must be drafted and signed by both the worker and the agency.Agencies must always provide the basic information related to employment to an individual, once he or she commences work in a job role. These points of information must include:

• hourly rate or salary;
• location;
• commencing date;
• an approximation date of termination of the job;
• working hours, with details of flexible working (if any);
• person specification for the role;
• details regarding duties;
• health and safety risks and controls;
• any expenses to be incurred;

The company that hires the worker through an agency is responsible to pay a fee to the agency, which covers the recruitment and wage charges. Subsequently, the agency uses the received money to pay the workers themselves. While agency workers receive a number of benefits including an opportunity to sample various jobs and flexibility of scheduling, more important work rights that are availed by permanent employees like unfair dismissal compensation or redundancy pay are off-limits to agency workers.

As per employment law in the UK, agency workers or temporary workers should be treated like permanent employee, if he/she has worked for the same company/agency over a period of 12 weeks or longer doing one particular job role as a temporary worker.

20 Things You Need To Know About Software Patents

On July 31, 1790, Samuel Hopkins was issued the first patent for a process of making potash, an ingredient used in fertilizer. President George Washington signed the patent.
Since that day more than 6 million patents have been issued.
I saw some potash/fertilizer the other day I need to tell you about. I don't watch much TV, but I do enjoy the show Shark Tank. For me, it looks like a lot of fun to be on the panel. I have tremendous respect for anyone who makes enough of a success of him or her self to be in a position to invest. That's what every entrepreneur works towards... that freedom and those choices.
That said, I saw some advice from "Shark" investor Barbara Corcoran the other day which made me cringe and I wanted to put this out there as an addendum to her advice. You see, Barbara is not in the world of software. She deals with real estate and products. In an interview with inc.com she said the following on the biggest mistakes small businesses make:
"Pissing away money on patents and PR. The right dance steps are:
1) Make the product
2) Get some sales
3) Make the big guys envy you, and only then get a patent."
At the end of the article, I have linked to that quote (mostly so you don't leave)
I cringed when I got to #3 because this advice could really put some technology entrepreneurs in a very bad place. #1 and #2 are smart!
Here is what I have learned going through the process of patenting multiple pieces of technology:
1) You MUST get a patent attorney. No, you cannot do this yourself. No, your wife's friend who is an attorney cannot figure it out. Patent attorneys are highly specialized. Save up the money and find a patent attorney.
2) Not any patent attorney will do. Most of them are as worthless as the day is long when it comes to technology or software patents, but they will take your money anyway. Find a patent attorney who specializes in technology/software. If you need a recommendation, contact me.
3) Patent attorneys are Federally licensed. If you are in Florida, you don't have to see a Florida attorney (which is unique).
4) Be prepared to write! If you think it's as easy as bringing your idea to an attorney and having him or her write everything up, think again. No fewer than 10 pages of technical documentation, drawings and images were submitted for any of the patents I applied for. If you bring your attorney garbage, he will either produce a subpar patent or charge you a fortune... maybe both.
5) Use the patent attorney's artists. The drawings may seem simplistic and they cost an extra $100 or so per image, but that's another thing you should not try to do yourself unless you like rejection and wasted time.
6) Write your patent as broadly as you can. Your patent can and will get rejected and that's OK. Go for more than you need... go big! You can scale the patent back and hone in on your final patentable piece based on feedback from the United States Patent and Trademark Office (USPTO). You can't add to elements later if they weren't there when you started. Want to increase your odds of a patent? Go for a LOT and adjust as you get feedback.
7) You MUST have your patent idea SUBMITTED BEFORE you go to market. This is where Barbara's advice is very dangerous. In the world of software, you cannot patent something that is being used by the public. Once it's out, it's "public domain" unless you have submitted your provisional patent.
8) Patent laws change daily based on court cases. Many people (including Mark Cuban) think the ability to patent technology is harmful to the evolution of technology. It is entirely possible you get rejected.
9) You can get a provisional patent, or a non provisional patent. The definition of the provisional patent is the following: Under United States patent law, a provisional application is a legal document filed in the United States Patent and Trademark Office (USPTO), that establishes an early filing date, but does not mature into an issued patent unless the applicant files a regular non-provisional patent application within one year.
In short, a non-provisional is a "real patent."
10) Getting a provisional patent in place is less expensive that a non-provisional patent. It includes a patent search and assures your place in line. You can launch your product when you have your date for your provisional patent.
11) A non-provisional patent can take up to 5 years to get approved or rejected.
12) Most software patents are rejected because they are not mechanical or they don't have a proprietary algorithm.
13) It is absolutely possible you could be issued a patent and then lose in court if someone infringes on your patent. Having a patent and being able to enforce that patent are two completely separate things.
14) When you submit your patent, you are teaching the world how to do what it is you "invented," accept that this has drawbacks as well.
15) To apply for a US patent can cost upwards to $20,000.
16) Once you have your US patent issued, you have 1 year of protection/time to file for any individual countries you wish to be protected in. The "Patent Cooperation Treaty" has 148 countries, which can be viewed here http://www.wipo.int/treaties/en/ShowResults.jsp?treaty_id=6
17) Each country you apply for a patent in will have its own filing fee. Nothing is free in the world of IP.
18) If you are lucky enough to be granted a patent, that patent is granted for a period of 20 years... keeping in mind "granted" does not mean "protected."
19) The big companies (Apple/Google) have departments which do nothing but file patents all year long. As always, the little guy is at a distinct disadvantage. Barbara is right that getting on the bigger companies radar may be a good thing but not in every instance. Big companies squash little companies all the time like it's a sport.
20) You can opt to have your patent published or unpublished in the patent journal distributed worldwide. There are pros (exposure) to being published, and cons (maybe being ripped off?) by choosing to publish. That's a choice you have to make.
So there you have it... what my experience with software patents has taught me. Barbara was not talking technology when she was quoted about patents, so be careful whom you listen to on this subject... it could cost you big if your idea is good enough.

Patent Infringement - Considerations in Determining If There Is Infringement

Patent infringement is a statutory tort and the actions that make up the tort are set out in section 60 of the Patents Act 1977.
An infringement action can be brought by either the patent proprietor or alternatively an exclusive licensee of the patent.
To determine whether there has been infringement, it is necessary to consider:
1. The scope of the invention which is protected by the patent (or patent application).
2. Whether the activities of the potential infringer in relation to the invention fall within sections 60(1) or (2) of the PA 1977.
3. Whether any statutory exceptions or other defences are available.
There are two types of infringement:
1. Direct infringement, meaning acts done directly in relation to patented products or processes (section 60(1), PA 1977). It covers activities in the UK relating to: (I) Patented products; (ii) Use of patented processes; (iii) Offering patented processes for use; and (iv) Products obtained directly through patented processes.
Where the patented invention is a product, a person infringes the patent (Section 60(1)(a), PA 1977) where they either: (I) Make the product; (ii) Dispose of the product; (iii) Offer to dispose of the product; (iv) Use the product; (v) Import the product; or (vi) Keep the product (whether for disposal or otherwise).
2. Indirect Infringement, meaning acts done indirectly in relation to patented products or processes. A person indirectly infringes a patent (Section 60(2), PA 1977) where all of the following apply:
a. He supplies or offers to supply in the UK a person with any of the means relating to an essential element of the patented invention for putting the invention into effect.
b. Either he knows or it must be obvious to a reasonable person in the circumstances that the means are suitable for putting, and are intended to put, the invention into effect in the UK.
c. The person supplied or to whom the offer is made is not a licensee or another person entitled to work the invention.
Section 60(5) of the PA 1977 sets out a number of exceptions to infringement under sections 60(1) and (2) of the PA 1977.
In addition to the exceptions to infringement it is also possible to defend a patent infringement claim by challenging the validity of the patent/ patent registration on the grounds that:
1. The invention does not satisfy the statutory criteria applicable for patent registration;
2. There is prior art and the invention was not novel at the time of registration and therefore should not have been granted in the first place.
Alternatively it is also possible to defend a patent infringement claim by undertaking a technical analysis of the patent specification of the patent and proving that your product falls outside the ambit of the patent specification.

General Rules for Patent Drawing

Creating a drawing for a patent is very much different from the one we did in our school days. Unlike the drawing in school, here, we have certain rules and we need to follow these rules religiously, failing which can cost a rejection in the patent application. No matter whether the drawing is a utility patent drawing or a design patent drawing we need to follow these golden rules put forth by patent offices like USPTO.
This is an article that will highlight some of these golden rules which a draft-person should follow while creating a patent illustration for an invention.
Rules for Patent Drawing
Showing features clearly: No matter whether you are showing a device, process or a design putting every feature of the invention in paper and that too accurately is important. Patent illustrator needs to document every feature of the invention accurately.
All we can say that we need to make sure that the patent examiner fully understands the feature of the item without putting stress on their eyebrows. Failure to include all the details may lead to rejection of the patent.
For example if you have a drawing of a mobile phone that has many features we need to show each feature of the mobile phone in such a way that anyone going through it can have a clear understanding of the invention.
Neatness: Even if, you present features of your invention accurately but the drawing is having some strike-throughs, over writings and alterations you risk rejection. Though it is not documented anywhere that your patent illustration should be neat and clean still patent office like USPTO want you to present a neat and error-free drawing that is readable.
Legibility: Legibility is the ability to distinguish various letters and is another criterion a professional draft person needs to follow where each text, word and image should not overlap its adjacent element. Failing to make optimum legibility could lead to rejection of your application.
Readability: Readability is another criterion that is not documented anywhere but we need to follow it during this whole process. Spacing within words, between words and between lines are such that the resulting text is again visually readable.
Visually Appealing: Not only you need to have a legible drawing but it should also be visually appealing where your drawing sheet is devoid of folds, holes and creases.
Use Metric System: Any dimension and sizing information presented in a patent disclosure will be in metric inches preferably centimeters in case of small devices we can use millimeters. Though USPTO doesn't forbid using English Engineering Units still they prefer metric system and thus we need to follow this rule as well.
Sheet Size: Sheet size is another important criterion that we need to follow in a patent drawing. Patent office like USPTO is very specific on sheet size and allows only two kinds of sheet size a) 21 cm x 29.7 cm which is also called as A4 size and b) 21.6 cm x 27.9 cm which American people generally use.
Putting it all together we can say that creating an illustration for invention is a science as well as an art that requires adequate knowledge of regulatory norms as well as an artistic approach and thus you can do justice with your invention only if you are an experienced draft-person.

How Can You Protect Your Mobile App Idea?

If you have an exciting idea for a new mobile app, but are new to the world of mobile app development, you may make the common mistake of thinking least about the thing you should be most concerned about-protecting your idea. The instant your brilliant mobile app idea comes to you is the time for you to start protecting it. Here are some tips, gleaned from our years of experience working with startups, that you should consider:
1. Always use a Non-Disclosure Agreement (NDA)
A non-disclosure agreement (NDA) is a standard document that you can use to protect your app idea. Before you discuss your app idea with anyone-even in vague terms-you should get a signed NDA from them. This document will make the signers liable for damages if they show your idea to anyone. You can easily get NDA's from your attorney or from online legal services. Make certain that the people who sign them use their formal name and that the form includes exact contact information. NDA is a very important document you want to use to secure your app idea.
2. Disclose Information Selectively
You don't want to give a complete description of your app idea, especially in the first stages of developing it. For example, if you want to discuss your idea with an app developer to get an estimate, you don't have to show your idea in its entirety. You can hide some of your key features and get the estimates on standard features. Once you build some trust in the relationship, you can show more information.
3. Know More About the Recipient
Before you show your information to anyone,, you want to research them and find out their history, authenticity and credentials. If you are disclosing your idea to an app development company, make sure it is one that is well-established, has been in the market for a long time and has delivered for other startups. Reputable mobile app development companies make it their business to keep your idea safe. However, if you are talking to a freelancer who does not have any established history, you should take more precautions. If you are talking to a professional investor, Venture Capitalist, or angel investor, who has a history in app investment, you can consider them more reliable than someone who had no public image and record for earlier investment. Nonetheless,get a signed NDA prior to any discussion about your app idea.
4. Publish Your MVP App Sooner Rather than Later
You should publish your Minimum Viable Product (MVP) app as soon as possible. Once you publish your app, and it is publicly available, then your idea is safe under copyright law, as the first to publish it. Published apps are safe the same way in copyright law as published books are safe. The sooner you publish your app, the better your protection will be. Also, you will have first mover advantage in the market.
5. Create Your Design and File for Trademark
Before you develop your mobile app, which can take a long time, you can first create the design of your app. Design work typically does not take more than 5-6 weeks. Once done, you can include your design, logo and requirements in a trademark application. This will give you some protection. It is not as strong as a patent, but still you can use it in court if someone tries to copy your great idea.
6. File for a Provisional Patent if Needed
Filing for a patent is not easy. It is a very time- and money-consuming process. If you think your idea is unique and you want to patent it, then you can start with a provisional patent. Filing a provisional patent is relatively easier, as you can do it yourself without a lawyer. You can go to the USPTO website and do the entire process online. Your idea will then be protected for one year. During that one year, you will get enough comments on your idea to decide if it really is a great one and should have full patent protection. At that point, you'll want to get a lawyer's help to file for a patent.

Ready With Your IP Application Filing - Consider These Three Parameters

While doing research and development, we often found some creative ideas, processes, and concepts that don't exist. As an inventor, you hold the right to enjoy all the benefits of what you have invented and obtaining a patent can provide you the legal protection for that. Since the US patent law changed to first-to-file system from first-to-invent in 2013, so you need to be very quick in IP application filing.
The patenting process is quite complex and time-consuming, and includes various phases like IP application filing, drafting, drawing, office actions, and management.
Before you hire a patent agent to prepare the required documents for the process, you should do homework; what are the key features of your invention, how to monetize it, market research to analyze customers' needs, competitors' activities, etc.
Here are the important three parameters you should work on when filing an IP application:
1. Prior art search:
A general rule of obtaining patent is your invention should be unique and novel. So, it is better to check patentability of your invention before/during the patent application filing process rather than getting rejection from the intellectual property office later on. You can search for the prior arts in the country/region you want to get IP protection, and find out if its features meet the required IP uniqueness standards.
2. Market Mapping and Landscape Analysis:
Competition is one of the main barriers to success. There might be companies already practicing in the areas your invention belongs to, and you should do complete research about them. Market mapping and landscape analysis can help you to identify top players, current and upcoming product launches, and recent business deals in the target markets of your invention. You can get the information by industry type, revenue, total sales, and other parameters.
"Why market research is necessary at all" is the question you might have as an inventor. Well, according to an article published in HubSpot, Firms that regularly research their client markets (at least quarterly) grow more than ten times faster than firms that don't conduct research. However, market analysis not only promotes business growth, but, accelerate profits as well.
According to Hinge's report on effects of research on growth and profitability, firms that conducted frequent market research realized 19.9% profitability, whereas firms that did not conduct research reported only 11% profitability.
According to CBInsights "Fail to Meet Market Need" is the No. 1 reason for failure of start-ups, noted in 42% of cases.
3. Technology Landscape:
As your invention is to be brought up in the market one day, you should analyze the high demanding areas, latest and upcoming trends. Spend extra time in knowing if your patent can meet customers' requirements and adapt the changing external environment.
You might remember The Eastman Kodak Company, a leading photographic films and cameras seller, which failed and bankrupt in 2012. The reason for failure was the company's inability to diversify its product lines according to the new digital revolution.
Conclusion
Thus, studying market and technology trends is very important before/during the IP application filing process. It helps you know target markets and audience well, get market-sound claims, develop exclusive patent monetization strategies, and increase your returns on investment.

Protect Your Artistic Work - Apply for Copyright Registration Now

opyright registration can be obtained for original works of art, literature, books, music, films, CDs and computer programs. Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity is the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity.
Protection of Rights of the Authors:
Copyright protects the rights of authors, i.e., creators of intellectual property in the form of literary, musical, dramatic and artistic works and cinematographic films and sound recordings. Generally the author is the first owner of copyright in a work. "Author" as per Section 2(d) of the Act means

• In the case of a literary or dramatic work the author, i.e., the person who creates the work.
• In the case of a musical work, the composer.
• In the case of a cinematographic films, the producer.
• In the case of a sound recording, the producer.
• In the case of a photograph, the photographer.
• In the case of any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created.

Terms of Copyright:Sections 22 to 29 deal with the terms of copyright in respect of published literary, dramatic, musical and artistic works; anonymous and pseudonymous; posthumous, photographs, cinematographic films, sound recording, Government works, works of PSUs and works of international organizations.
Literary, dramatic, musical or artistic works enjoy copyright protection for the lifetime of the author plus 60 years beyond i.e. 60 years after his death. In the case of joint authorship which implies collaboration of two or more authors in the production of the work, the term of copyright is to be construed as a reference to the author who dies last.
In the case of copyright in posthumous, anonymous and pseudonymous works, photographs, cinematographic films, sound recordings, works of Government, public undertaking and international organizations, the term of protection is 60 years from the beginning of the calendar year next following the year in which the work has been first published.
Assignment of Copyright:
The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright. Section 18 of the Copyright Act provides for the assignment of copyright in an existing work as well as future work.
In both the cases an assignment may be made of the copyright either wholly or partially and generally or subject to limitations and that too for the whole period of copyright or part thereof.
However, in case of assignment of copyright in any future work, the assignment has the real effect only when the work comes into existence. Section 18(3) explains that an assignee in respect of assignment of the copyright in future work includes the legal representative of the assignee, if the assignee dies before the work comes into existence.
End Note:
It also helps you to protect your work from infringement. Section 54 to 62 of the Copyright Act, provides civil remedies for copyright remedies and Section 55 deals with remedies like injunctions, damages and accounts as are conferred by law for the infringement of a right.

Email Yourself To Protect Your Own Copyright

Email yourself a copy or document of your work, which you want protected by a copyright. Do this before you ever post it online, or anywhere else! You will then see a time-stamp at the corner of your email. This is what helps protect your work, only if it hasn't appeared anywhere else but in the email you sent to yourself. The time-stamp proves that you made or wrote that work, because it is the first known date and incidence. Much like guessing an outcome, knowing that it will be right, but you don't want to say anything publicly because you are afraid that if you are wrong that you won't like what other people say about you, and your prediction came true, how would anyone know whether you predicted that before the event, or if you watched the event unfold? This is the basic functioning of an Emailer's Copyright, to prove you made the work before anyone else!
There is nothing worse than having to spend around $25 bucks to register your own work, especially if you are a regular creator or content provider, who has to worry about registering each work when you don't have the time, nor the money to even pull this off! But now is different, now you are doing this for free, without ever having to use a "poor man's copyright"! A poor man's copyright, for those of you who do not know, is where you put your written document or your materials into a mailing envelope, then you mail it to yourself. First of all, it's rather easy to fake this process, because you could just have your envelope time-stamped, then afterward put anything you want in it, even if it's something different that wasn't originally intended in that mail envelope!
An Emailer's Copyright could very well hold up in court, if you have the emails at hand or that you may have printed. You would have to alert the judge ahead of time to let them know you are bringing an electronic or digital device, by telling them the devices are what holds the proof of the copyright infringement. If you don't alert the judge, it raises concerns for getting your device into the courtroom, especially past security, and if the judge thinks you are trying to play on it while in court. Save your emails that you send to yourself, preferably in a folder called "Copyrights", as these will always be around, and you should also have your emails printed out after you send them to yourself!

Film Copyrights On Practical Applications

In universities, academicians explore new ways of teaching their students. To be more effective in what they do, they come up with ideas on how to make their points come across as clearly as possible. Some do outdoor activities while others give as many exams as possible. There are also some who rely on creating visual presentations. For example, "performing" or showing a movie. This essential activity may require attention especially with regards to copyrights. It is important to make sure you are not violating copyright law.
Compliance with copyright law
Many if not all material you find on the internet is protected under US copyright laws. These laws provide the copyright owner exclusive right to reproduce and distribute copies of their works to others. However, any other person who copies, downloads and uploads a copyrighted work without a written permission from the content owner is committing a crime. They can be charged with copyright infringement.
The most common way of unauthorized reproduction involves peer-to-peer (P2P) file sharing services like BitTorrent. Through P2P connection, users get to share music or movie files. Those who get caught doing this kind of illegal activity will be subject to sanctions.
Obtaining copyright permissions
According to Stanford University Libraries' page about copyright and fair use, the basics of getting permission involve five simple steps. First, in every situation, you have to determine whether or not you need to ask for permission. Remember that creative work created or published after 1922 is protected by US copyright law. With exceptions such as "fair use," you need to check if your unauthorized use may still be legal. Also, you have to know and minimize the risk of not asking for permission. Second, in obtaining permission, it is crucial to identify and know the owner of the work you want to use. The third step in getting permission is to identify the rights you need. This means, finding out the exclusivity, term and territory involving your permissions agreement. Since, getting permission takes one to three months, the fourth step involves planning ahead for the permission and negotiating whether payment is required. Obtaining copyright permission must be done before you want to use the copyrighted work. Finally, get your terms of agreement in writing. It is a mistake to rely on oral permission.
It is best to educate everyone about the importance of complying with copyright laws. We can start by discussing about film copyrights on practical applications as well as the entities that protect them. Make them understand their responsibility and the penalties associated when you commit copyright infringement.

Copyright Collections Ltd. [http://copyrightcollectionsltd.com/] is an entity that protects film copyrights. Our duty is to preserve the rights of creators, producers and distributors of the copyrighted work. By following formal compliance with the laws, we operate on copyright claims against infringers.

Consequences of Downloading Movies Illegally

Downloading movies illegally is considered stealing, and just like any other crimes, it comes with different consequences. One of the most recent examples of such consequences is the TCYK letter sent to internet subscribers accused of downloading and sharing copyrighted materials. This letter served as copyright infringement notices, and they must be responded to immediately so that the recipients need not appear in court, put their names to shame, and go through so much expense and hassle.
Here are some more consequences of illegally downloading movies and other copyrighted materials:
*Criminal and Civil Penalties
Copyright infringement penalties vary from one country to another, but if you are from the U.S., the FBI handles the investigation and implementation of copyright laws here, and violators face up to 5 years in prison and/or fines that could reach to $250,000 or even more. Aside from criminal penalties, accused infringers may be sued by copyright owners, and if the former loses the law suit, he should be able to pay back the entire copyright holder's lost profits. The violator is also asked to pay for the opposite party's legal fees, including attorney fees. Plus, he could be forced to pay an amount of $200-$150,000 for the punitive damages, which is usually determined by a jury.
*Viruses
Free torrent sites usually have viruses and ad-ware that could be transmitted to your device and therefore cause damage to your PCs, phones, tablets, or laptops. This is why downloading movies or TV shows via illegal file-sharing sources are often unsafe.
*Loss of Profits to Creatives
Lastly and most importantly, you are not supporting the entertainment industry if you choose to download free movies online rather than buying theatre tickets or original DVDs. Directors, producers, authors, actors, and movie crew lose the profits that they deserve just because of rampant illegal downloading online. Now, how could these creative individuals be able to produce other entertaining shows and films if you don't let them earn the revenues that are due them? These talented and hard-working people have the right to earn properly for they have invested their intellect, time, money, and efforts just to entertain the public with quality movies.
So, if you do not want to receive a TCYK letter or be able to contribute to online piracy, choose to watch your favourite movies and shows through legal ways. Aside from this, take part in fighting piracy by supporting copyright tracking websites in any way you can.

Copyright Collections [http://copyrightcollectionsltd.com/legal-letters-sent-when-pursued-for-copyright-infringement/] is an entity that protects the rights of the creators and distributors of copyrighted work. Through our specialized software, we can help monitor and enforce copyright infringement on the web.

How to Be Protected From a Copyright Infringement Claim

Some areas of the copyright laws might be complicated but the basics can be simple. For instance, copyright infringement can be avoided by obtaining permission from the owner. This article will briefly define "fair use" and its four factors that the judges consider fair, namely; the character and purpose of your use, the nature, the portion taken, and the effect of your use of the original work.
"Fair use" is any copying of original work for a limited and transformative use. Also, the use of a copyrighted material is considered "fair use" if it's for the purposes of news reporting, criticism and comment, research and scholarship, parody and educational as long as it is non-profit.
To put it simply, if your use qualifies as a fair use, it can be used as a defence against a copyright infringement claim. So, before you get a Copyright Collections letter or a TCYK LLC letter, here are a few tips that could help you avoid copyright infringement altogether.
First, instead of copying, the courts consider the use of copyrighted material "fair" if it is used in a transformative way. This means that it alters the original work's fundamental character or a new expression and meaning is added to it. For example, citing a line from another poem to create a new one is considered fair use.
Second, identify the nature of the copyrighted work as it is another factor that the courts consider. Your fair use case will be stronger if you copy from a published work as unpublished ones are highly creative and are therefore more closely protected.
Third, take less from the original work for it to be excused as a fair use and make sure it's the main idea or function of that work. For copying to be fair, you should not take the most memorable part of the work. Less is more holds true in parody cases as the Supreme Court has acknowledge "the heart is also what most readily conjures up the [original] for parody, and it is the heart at which parody takes aim."
Finally, evaluate the effect of your use of the original work. To avoid a lawsuit, make sure your use does not deprive the copyright owner of a potential income of the copyrighted work or undermine a new or potential market for the original work.
Copyright infringement can be avoided by limiting yourself to "fair use" of the copyright. So, to keep from getting a Copyright Collections letter or a lawsuit, check if your use is still under fair use. You could also make your own original material and be creative so you don't have to use other people's work.

Film Copyrights In Adaptations

The millennium is the rise of adaptations. Film adaptation is a type of derivative work where a written work is transferred in part or in whole to a feature film. As an original story takes long to develop, it usually takes just 3 months to adapt a novel to a screenplay. Adaptations offer an easy way for producers to tap into the existing fan base. This invites non-readers due to their knowledge of that fan base. In a way, they are buying the fan base rather than the stories.
In Hollywood, almost two-thirds of movie productions are adapted from novels and comics. Since the earlier days, adaptations have been a filmmaking practice from various resources like plays, autobiography, and even other films. Studios like Warner Bros. Pictures, Walt Disney Pictures, and Sony Pictures are among those that produce intellectual property movies.
Here are a few examples of film adaptations from novels and comics:
From Novels (book-to-film adaptations)
· Fight Club - A comedy-drama film which was based on the novel of the same title written by Chuck Palahniuk.
· Silver Linings Playbook - A romantic comedy-drama film which was adapted from the novel by Matthew Quick.
· The Company You Keep - A TCYK LLC movie which was based on the novel of the same name; produced, directed, and starred by Robert Redford.
From Comics (comics-to-film adaptations)
· The Avengers - The Marvel team-up featuring iconic Super Heroes.
· Superman - The ultimate "man of steel" out to save the day.
· The Crow - The vengeful tale of a character resurrected by a crow.
Long-Running Series as of 2015
· The Fast and the Furious - on its 7th film
· 007 - has 24 films
Every adaptation is produced in the highest quality and packed with multiple film copyrights. Aside from the multiple copyrights; which include director's copyright, screenwriter's copyright, composer's copyright, distribution rights, product placement, and performer's rights; a film adaptation now includes rights of the existing work's owners. This means copyrights, patents, and trademarks are also included.
Dearth of Originality
Any movie's core is and should be a good, meaningful story. Popularity should not be the main focus; and with the way things are going, the film adaptation trend has become such a hit. However, bringing original content to the big screen may imply that filmmakers are running short on creative imagination and original ideas.
Nevertheless, fans should not infringe copyrighted films, may they be original or adapted.

Of Film Festivals, Creativity, and Copyrights

Movies with poor reviews do not necessarily give anyone the excuse to pirate them. Art is subjective and stealing is wrong. These are two truths that should be recalled when dealing with piracy. It is not wrong to share content as long as it doesn't cross any copyright. Copyrighted materials are certified and protected, and owners have grounds for copyright infringement claim if necessary.
Film Festivals
The world constantly asks for innovation; that's almost a rule. In film festivals, exploration and development meet. Storytellers who take risks with fresh ideas get to display their original work. It is where indie or independent artists show off their stories without political and commercial pressures, and restrictions.
Film festivals connect artists and audiences in several countries. It is a place where both established and emerging artists show documentary and dramatic films, innovative short films, cutting-edge media and art installations, and live music performances. It brings together the modern day's most original storytellers and supports engaging programs for students and the community.
Every film festival welcomes distinguished artists and opens great opportunities for students and newcomers. Some movies are even directed by celebrities. For example, "The Company You Keep" was directed and starred by an American actor. This political thriller was well-crafted, and the creator skilfully directed a cast of talented actors. When this TCYK LLC film was pirated, copyright holders tracked the infringers to protect their rights.
Media Copyright Literacy
While you play other people's intellectual property, it is essential to have a basic understanding of what is legal and ethical. Everyone should learn how to be a good digital citizen and get familiar with the copyright law and respect content creators and their original work.
Upon creation, any work is automatically copyright-protected. When your work is capable of copyright protection, it is likely that you own the copyright. However, copyright might belong to someone else if you have assigned or transferred your copyright in writing. Also, ideas cannot be protected unless it is made into its material expression like a painting, novel, or film. So it is important to transform your ideas in its material form.
Copyright protection applies to all formats whether it's in print, online, or digital media. While there are organizations that protect freedom of expression and help people understand their rights and responsibilities around copyright law, there are also entities like the owners of the TCYK LLC film that are dedicated to protecting the rights of creators and content owners.
Only the original content holders have the exclusive right to the use of their work. It isn't fair that other people commoditize from other people's work without their consent. Copying and distributing others' work without permission is copyright infringement, which means illegal distributors could be charged with a huge sum for damages.
Creativity is unique, and artists deserve all credits due to them. Some are too passionate about their craft that they don't mind how their work is being used. Unfortunately, this doesn't apply to all. Most creators need financial support to make and produce their work. Pirating does not help them in any way.

Ways to Overcome Copyright Problems

In this age of instant communication, more and more ideas are being born and products created than ever before. With the current entrepreneurial trend, new business owners are creating never-before-seen content and services in order to better the world. With so much going on, it can be easy to create something that copies another person a little too closely. Luckily, there are several steps that can be taken to overcome copyright issues.
1. Get permission from the original owner.
When it comes to using copyrighted content, the only legal way to make use of the content is to contact the original owner and ask for permission. In the event this is impossible, there are websites like Creative Commons that offer royalty-free image and audio files that are free for commercial use.
2. Trademark and copyright your own content.
If you create something you intend to turn into a business or revenue stream, it is important to obtain legal rights to it. While it may be your intellectual property, you cannot prevent someone from creating a similar idea and starting a business based on it. It's important to trademark and copyright your ideas in order to protect them.
3. Obtain a legal copyright.
Intellectual property can be copyrighted by simply putting the copyright symbol in front of it with your name. However, the Copyright Act covers certain topics that are not so easy to claim ownership of, including architectural and choreographic works. Speaking to a copyright lawyer is the way to go to properly claim ownership of your own work and prevent illegal copying of it.
4. Trademark your property.
A trademark differs from a copyright primarily in the things it protects. While a copyright is usually used to cover a creative work, trademarks are used to protect names, logos, symbols, and other corporate IPs. The process of trademarking a property is lengthy and complicated, so it's best to consult professional help. You must first search to ensure no similar trademarks exist to the one you want to file; even if an existing trademark isn't identical, one that is too similar can make it impossible for you file.
5. Remember: registration isn't absolutely required.
Since 1978, there has been no formal requirement in the United States for copyrighted work to bear the copyright symbol. A novel, for instance, is protected as soon as it is 'saved' in a word document. That said, registering the work offers certain protections that proprietary copyrighting does not. A person can only sue over copyright issue if their copyright is registered. The restitution a person may receive for damages will only count after the content is registered, not before.
While it may be an extra step, taking the time to copyright and trademark your property, whether intellectual or physical, can protect it in ways that claiming ownership cannot. Copyright issues can pose a number of problems for content creators or those who want to use content, but knowing how to overcome this problems before they arise can prevent a lot of headaches.

opyright Infringement in the Digital World

Downloading files from the internet is not a crime, but if you download files for free which you usually have to pay for, then there's a problem. The piracy issue occurs when the copyright owners do not get the amount that they are due.
Piracy is the illegal copying and selling of copyrighted materials, but the common misconception is that people don't think it matters because no one gets hurt. In reality, the evolution of piracy from burning CDs and DVDs to digital copying has affected the global economy. Pirating a physical copy or streaming illegally affects the livelihood of artists too.
Pirated copies are not always great
Most of the time, illegal copies do not have the same quality as the legal content. A pirated movie may have been recorded on a camcorder at the back of a cinema, so the quality is poor. Its content may be grainy or black and white at some parts. Copies downloaded from the internet on the other hand may suddenly stop at some parts and the sound quality can be very quiet and muffled.
Easy digital access
Downloading directly from the computer has become popular among internet users primarily because of the ease of access. Even with the number of sites that offer legal downloads, there are still file-sharing networks that offer free access to copyrighted materials. And it's sad that many are active in some form of piracy, either through streaming, downloading, or the old school style of buying counterfeit DVDs.
In any case, piracy costs the entertainment industry. It is stealing from the businesses involved in the art. People must remember that nothing is free. Pirate sites make money through subscription costs or advertising when a consumer streams illegal content. The operators of these sites earn from sharing copyrighted materials that they do not own and have no permission to distribute.
How to minimize the problem?
Having internet service providers get on board in helping fight piracy and detect copyright infringements has always been a struggle. It would require content holders to educate people and private entities to be responsible, make them understand the importance of copyright, and encourage them to support different ways to consume content legally like going to the cinema or subscribing to Netflix and other video-on-demand sites.
Piracy may not be easy to kill but it can be reduced. Besides, with all the latest technology coming out, we only need to keep up. Also, there are entities that help fight piracy with the use of software to detect copyright infringements.

How to Come Up With Your Best Legal Move for Copyright Cases

Whether you're the alleged infringer or the copyright owner, calculating damages for a copyright infringement case is critical in determining your potential legal strategy. To analyse, the first thing to consider is if the pirated work has been registered with the copyright office. Registered works are afforded greater protection and these registration records can be found in a free online database. To access the copyright registration records, you need to go to the Copyright Office website.
Statutory and Actual Damages
Your best legal strategy is not only determined by the best copyright infringement software. Read on to know more about the types of calculated damages that could just help determine what works well for your case.
Statutory damages are often higher than actual damages and they are easier to calculate. So the majority of plaintiffs or content owners usually choose to pursue for statutory damages. For illegal filesharing cases for example, actual damages per pirated song may be around $1; however, statutory damages could go up to $20,000 or more.
Regardless of the actual damages suffered by the content owner, the amount of statutory damages is set by law. Each infringement usually range from $750 to $30,000, but damages for "innocent infringers" can go as low as $200 and up to $150,000 if the court determines that the defendant acted "wilfully". The courts do not award damages outside this range and they consider the purpose of the infringing use, the value of the infringed work, and the infringer's intent or state.
Aside from statutory damages, plaintiffs can also ask for attorney's fees and if awarded, the infringer will owe them the total sum or part of the legal fees plus the fees of their own lawyer. Although attorney's fees are awarded through the discretion of the court, unregistered copyright is never allowed to ask for attorney's fees.
Plaintiffs pursue actual damages when their infringed work was not registered prior to the infringement. This type of damage is the calculable profit the infringer has gained from infringing the copyrights or monetary loss that the content owner has suffered.
Proper Analysis
Aside from getting a better understanding of the strength of your copyright infringement case, proper analysis of the potential damages plays an important role in determining a legal strategy. Calculating damages for copyright infringement is just one of the things involved in determining a person's rights under the copyright law.
Most copyright cases do not go to trial and some defendants even choose to settle as the cost of a court case is already high, and added legal fees could possibly grow larger too. So, if you feel like your work has been infringed, talk to a copyright entity. They can help you identify the individual specifics that you will need to determine to come up with the best legal actions. Also, they use high-quality copyright infringement software to track pirates.

How To Respond To Settlement Letters In Copyright Infringement Cases

Settlement letters are sent to particular internet subscribers who are identified to have infringed a copyrighted material. Also known as letter of demand (LOD), the letter is usually composed of the name of the infringer, IP address, and all the details about copyright infringement. First of all, getting a demand letter such as a TCYK letter more likely means that you did violate the law and the copyright enforcers have evidence to prove that you have infringed a copyrighted content. Second, it is not advisable to just ignore the letter as it could result to serious legal consequences. So, when you get a demand letter, respond to it. In every illegal download case, ask about the situation or what the letter means. If you ever find yourself as a "John Doe" defendant, here are a few practical tips that can help you in your defense in the lawsuit:
- Settlement amounts are usually negotiable. If you get a TCYK letter or any settlement letter, chances are you will be offered a settlement amount. The figure may be changed depending on your approach or how you attempt to negotiate. So, it would not hurt to try especially if you really did it.
- Among the copyrighted materials that you can possibly pirate, porn bears the most embarrassment and it involves more risks so find a way to settle quickly. Don't waste your time delaying the case. It is best to make it go away the minute it's presented to you.
- Do not fight a subpoena. Doing so could only expose your identity. Copyright infringement is not something that you could just take for granted. You need to protect your own identification and avoid a potential scandal that will not help you in any way in your life.
- Fighting a case could lead to more expensive costs compared to every negotiated settlement. Besides the hassle that can be expected in a lawsuit, there are legal fees that you need to consider should you decide to fight a case. You may get a total that could have been avoided if you just settle.
As provided by copyright law, a copyright grants a creator exclusive rights to the distribution or reproduction of his original work. There may be exceptions but initially, the creator owns the copyright of their created work. It would be good if people have a better understanding of how creators such as those in the entertainment industry come up with works of art. But in the meantime, they should focus on how to respond to a letter of demand.

Basics of Navigating the Digital Millennium Copyright Act ("DMCA")

Due to the proliferation of the Internet, social media platforms, and hosting websites, online service providers have often become unwitting hosts to materials that may potentially infringe on the copyrights of another. Likewise, original content creators have also increasingly found themselves to be targets of unjustified DMCA takedown requests. Sometimes these takedown requests are made for anti-competitive or harassing purposes by competitors of the website operator.
The Digital Millennium Copyright Act (DMCA) provides a safe harbor in certain circumstances for website operators, who host materials submitted by third parties that may infringe the copyrights of others. If the copyright owner provides a take down notice in compliance with the requirements of the DMCA and the website operator timely complies with its obligations under the DMCA, it may be shielded from liability for copyright infringement. The website operator can adopt and post a copyright policy to facilitate DMCA compliance. A sample copyright policy is below, which requests that a takedown notice including at least the following information:
· A detailed description of the copyrighted work you believe is being infringed upon;
· A description of the location of where the alleged infringing content appears;
· Your contact information (including name, address, telephone number, and email address);
· A statement that you have a good faith belief that the alleged infringing use is not authorized by you as the copyright owner, your agent, or by law;
· A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are indeed authorized to act on behalf of the copyright owner; and
· An original signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of the copyright as well as to submit the claim.
In addition to the policy, the website operator should register an agent with the United States Copyright Office.
While the above identifies a number of eCommerce and internet law issues affecting compliance with the DMCA, an in-depth analysis may be required. For example, the timeliness requirement for the takedown has been a hot litigation topic lately. Additionally, the DMCA applies to copyrights only, and does not currently provide a safe harbor for trademark infringement or patent infringement claims. These type of claims stemming from users of the website can be addressed in the Terms of Use or other website agreement between the website operator and its users.
For more information, you may want to contact a DMCA attorney with experience in DMCA compliance, copyright policies, and DMCA takedown notices.
Disclaimer - As with any discussion of legal topics, this article is intended to be educational only, and is not a substitute for legal advice, nor does it provide legal advice or form an attorney-client relationship with the reader. Please seek legal counsel before making any decisions. Also, please note that this article will likely not be updated, so the law and circumstances may have changed by the time you have read this article.

Darin M. Klemchuk is an intellectual property (IP) trial lawyer, with significant experience enforcing patent, trademark, copyright, and trade secret rights. He also focuses his practice on internet law and ecommerce.

Ensuring That You Own Your Content's Copyright

You have been a prolific writer for your business for a long time and, of course, just like all other writers, you use sources to back up the facts that you write in your content. Of course, there is no reason for you to assume anything other than the fact that you own the copyright of all of the content that you are writing.
Sometimes the line is obscured
If you own the copyright on specific content (including graphics, videos, etc), that means that you can do anything that you wish with that content. After all, it belongs to you. On the other hand, if someone else owns the copyright on the content, you are severely limited from doing what you want with that content. That means that you can't recycle the content and use it over and over again, you can allow other people to post the content on their websites (for increased exposure and a wider reach), and you can't touch the images (making them smaller, larger, wider, narrower). Your hands are tied in that case. However, you may not always understand when it is appropriate (legally and ethically) to alter the content in any way and when you really need to be hands off.
You probably have an accurate sense that you can't just find a graphic image online, copy it, and embed it in your content. That is just common sense. If you use any portion of someone else's content (words), you probably realize that you must give the author credit for what he or she has written. However, the copyright goes far beyond that. It is extremely important for you to understand the basics of copyright and how that applies to you and to your business. If you don't pay attention to what you are allowed and not allowed to do, you may get yourself into trouble (legally and financially speaking). There are some concepts that will benefit you if you at least have a working knowledge of them. Hopefully, they will not actually apply to you at any time but being aware is very important for you.

• Have a licensing agreement, including an invoice: That is an invoice from the person who owns the copyright. If you plan to use material of which someone else owns the copyright, you will probably need to pay that person (or that entity) some money. There may be rare occasions in which the person or entity will not charge you money but you need to have a written agreement between you so that you don't get into trouble.


• Lawsuit as a result of copyright infringement: This is a lawsuit that occurs in a federal court. The person or entity doing the suing is the owner of the copyright. The lawsuit will make demands, such as your eliminating all of the copyrighted material from wherever you have posted it online. You will also (most likely) be expected to pay some amount of money (damages) and there is also the potential that you will be asked to pay the lawyers' fees.


• Cease-and-desist communication: This is a communication (usually in the form of a letter) from the person who owns the copyright telling you that you must delete their content from wherever you have posted it.


• Digital Millennium Copyright Act takedown notice: This is a notice that refers to the act on behalf of the copyright owner. It is sent to your web hosting service. It will insist that your web hosting service disables any access to wherever the copyrighted content appears.

The disturbing thing about this situation is that, depending on the whim of the copyright owner, you may end up paying in any number of ways. It might be minor but it might be major as well. You may be notified of the copyright violation in stages. If you respond immediately after you receive the first notice, you may get lucky and after doing whatever is demanded of you, that will be the end of it, as long as you never do it again. However, if you continue, the consequences will probably get more and more severe. You will need to tread lightly in this situation and do whatever you need to do quickly if you want to escape relatively unscathed.
Educate yourself about your rights
When you first write a piece of content, you need to make sure that you take all measures to ensure that you never run into these types of problems that are described above. If you don't happen to be the one creating the content, you need to make sure that you get the other person to assign copyright ownership to you. It is critical that you have it in writing. The best thing to do is to have a written contract between you and the other person. Hopefully, in that case, there will be no question about anything. If you want the creator to be able to benefit from the content, it is safest to put that into the contract as well. The sorts of things that you will want to put into the contract are: exactly what is being created, how revisions are handled, deadlines and consequences if those deadlines are not met, the payment schedule, who will own the copyright, and who will be responsible for the consequences if the copyright is violated. If you have a long-term relationship with that person, you will probably find that you will need to revise your contract over time.
Conclusion
Copyright ownership may not have been something that you thought about very often (or at all); however, you need to have it in mind all of the time and be cognizant of doing the right thing. If you don't, the consequences will probably not be pleasant. You need to protect your reputation and your bank account at all times. Copyright laws are very complicated and you may not even realize that you are violating any of those laws. However, you need to be aware of what you are doing and make sure that you don't continue to violate any copyright laws. Interestingly, there are a few situations in which you don't need to get permission from the copyright owner of the content. You should do the research and determine when those rules apply, which will ease the burden a little bit. Undoubtedly, you were not aware that you were doing anything wrong. However, once you are aware, you need to make sure that you do everything by the book.

Carolyn T. Cohn is the Chief Editor of CompuKol Communications. Mrs. Cohn has a wealth of experience in managing people and projects. She has run several editorial departments for various companies. Mrs. Cohn has 25 years of editorial experience and her expertise covers a wide range of media, such as online editing, editing books, journal articles, abstracts, and promotional and educational materials. Throughout her career, Mrs. Cohn has established and maintained strong relationships with professionals from a wide range of companies. The principle that governs her work is that all words need to be edited.

How To Avoid Copyright Infringement

Copyright, patent, trademark, and trade secrets are all ways in which people can protect their intellectual property. However, there are key differences in each of the protective instruments in regard to what exactly they're protecting.
One of the most common tools used in cases of intellectual property is Copyright. According to the Government's Copyright office, it protects, "original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture." It however does not protect "... facts, ideas, systems, or methods of operation." In laymen's terms, you would mostly see a "C" inside of a circle (representing Copyright) in a book, on a CD, on video games, and even play scripts.
This form of intellectual property law is designed to safeguard the creator. Consumers like you could be at risk of copyright infringement without even knowing it. For this reason it's good to read up on how to play by the rules when it comes to using work with the © stamp. It's important to note that even if a piece of work does not declare the copyright symbol, it may still be protected under the law. Legalzoom describes the idea behind copyright by writing, "the author or creator owns the rights to the work and can decide if and how others use his or her creation." It's especially unlawful if you were to use someone's copyrighted work for profit or commercial purposes. Legalzoom also lists a few examples of copyright infringement that might seem harmless to consumers, but are actually illegal.

• Downloading movies and music without proper payment for use
• Recording movies in the theater
• Using others' photographs for a blog without permission
• Copying software without giving proper credit
• Creating videos with unlicensed music clips
• Copying books, blogs or podcasts without permission
• Anything where you are copying someone else's original work without an agreement

If you've ever scrolled through YouTube, you've probably come across an amateur singer performing a cover piece of a well-known song. If that amateur artist did not get permission from the original songwriter, it's technically copyright infringement. Will a big time celebrity file lawsuit on a singer's video with 10 views? Probably not, but he or she technically could. Big companies sometimes employ software that can troll the Internet for the main purpose of seeking out copyright infringement cases, so taking the risk isn't a good idea.In order to avoid copyright infringement altogether you should be weary about how you're using an artistic expression that you didn't create. Regardless if you see the copyright symbol or not, you should always assume the owner would take legal action against you if you were to use their work freely without permission or credit.
Some artists or writers are actually more than willing to share their work with the world, but read up on this first. These types of agreements come in the form of licenses, which allow consumers to use the work with specific regulations and stipulations attached.
If you're using the piece of work for educational purposes, there's no need to lay awake at night worrying about that picture you used in your slide show last week. There's an exception called "fair use", which allows for what would normally be infringement is the use was for a non-commercial rationale.