Copyright Books and Songs in India

From the music we listen to and the books we read, to the website, photograph, Video and products we use in our daily lives, each is a product of human creativity, and that creativity is protected. It is these creations of the mind, once expressed, that make up intellectual property.

Therefore, in business, everything, from your website, software, brand, packaging and logo should be protected. In a nutshell, all of your mental and creative 'outputs' can be transformed into tangible 'commodities' so that you can licence, sell, trade, divide or retain your rights to those 'commodities'.

So, as well as making sure your own creative efforts are rewarded and protected, by properly managing your intellectual property or Copyright protection.

What are the rights available through Copyright protection?

Copyright owners have the exclusive right to do or authorise the doing of any of the following in respect of a work or any substantial part thereof:

# A. In case of a literary, dramatic or musical work not being a computer program, to reproduce the work in any material form including the storing of it in any medium by electronic means;

# to issue copies of the work to the public not being copies already in publication;

# to perform the work in public, or communicate it to the public;

# to make any cinematographic film or sound recording in respect of the work;

# to make any translation of the work;

# to make any adaptation of the work;

# to do, in relation to a translation or adaptation of the work, any of the acts specified in relation to the work in sub clauses (i) to (vi)B. In the case of a computer program,

# to do any of the acts specified in para (A) above.

# to sell or give on hire, or offer for sale or hire a copy of the computer program, regardless of whether such copy has been sold or given on hire on earlier occasions. It may be noted that Copyright confers a number of rights, some or all of which can be granted to others either exclusively or non-exclusively.

What is done to the infringing copies seized during a raid by enforcement authorities?

Under Section 66 of the Copyright Act, the Court trying any offence, (whether the alleged offender is convicted or not) may order that all copies of the work in the possession of the alleged offender, which appear to be infringing copies, be delivered to the owner of Copyright.

Legal-Binding 'Work for Hire' Freelance Jobs

Work for Hire agreements are well-known legal-binding contracts between employers and freelancers in which the employer retains the copyright and ownership of any "works" specified in the contract.

A common situation is when an individual or a group of individuals produce a piece of creative work, such as articles or digital designs. U.S. Copyright laws automatically recognize the creator of the work as the copyright owner; however, the opposite happens under a "work for hire" arrangement. U.S. Copyright laws recognize the employer as the sole creator of the work and the freelancer as a contributor or an "employee" (if only temporary).

WFH agreements are becoming more common in the business world for the simple fact that companies want to retain ownership of their works. Complete ownership means companies can keep generating revenue from such works without paying royalties. For any WHF agreement to be legally-binding, both the company and freelancer must sign and date the contract, acknowledging all terms and rights.

If you freelance, the main disadvantages of this type of work arrangement are that you do not retain rights to what you create, you cannot license non-competing rights to the work, and you cannot demand your rights to revert to you. You are prohibited from modifying it, reselling it, or using your work because it is no longer yours.

Freelancers may encounter work-for-hire jobs from all types of businesses in different industries. Such jobs are common in copywriting, graphic design, computer programming, and newspaper reporting.

Here are a few personal tips from my own experience as a freelancer.

1) Make sure the WFH Contract contains a clause stating that the client does not own the work until the freelancer has received full payment. Clients might attempt to pay for half of the work and still retain all rights; it simply cannot work like that.

2) Not every WFH job warrants you to use all of your creative ideas to produce the work, especially if you want to use these ideas for yourself or for future projects. The client has the right to sue you for infringing on his or her copyright if you create a similar piece of work for somebody else.

3) Never work on your own materials while using the client's computer or other equipment. Your client may try to claim copyright because you've created something with the company's property.

4) If possible, try to opt for a revenue-sharing agreement with your client. This is difficult for small-time projects, but if a client hires you to write daily blog posts, ask if he or she can pay you royalties based on page views, especially if he or she is greatly profiting from your posts.

5) If the employer fails to pay you for your work, then the agreement becomes void and you retain ownership of your work. Copyright to your work should only transfer to the employer if all terms in the agreement are met.

The 5 Steps You Need to Take When You Receive an ISP Subpoena Letter

Copying music, movies, and software over the Internet using BitTorrent is now quite common. Sandvine recently published information on how much Internet traffic major applications used, and BitTorrent ranked as the number 1 upstream application, the number 4 downstream application, and the number 4 overall application behind Netflix, YouTube, and HTTP. What is worse is that many people do not even know that it is illegal to use BitTorrent or other filesharing programs to copy content. Given this background, it should come as no surprise that copyright holders have become increasingly aggressive about going after Internet file sharers.

While file sharing lawsuits started a number of years ago based on the sharing of music on services like Napster, Grokster, and LimeWire, the vast majority of mass copyright suits now focus on BitTorrent. Torrent lawsuits usually take the form of a copyright holder suing numerous "John Doe" or "Doe" defendants. The defendants are named as John Doe because the copyright holder only knows them by their individual IP addresses. However, once litigation has been initiated, the copyright holder can seek permission from the Court to issue subpoenas to the Internet Service Provider(s) of the various Doe Defendants in the case. The subpoenas to the ISPs will seek identifying and contact information for the Does in the case, including each Does' name and address, and usually telephone number and email address.

If you have received an ISP subpoena letter informing you that your information will be turned over to a mass copyright plaintiff in the near future, you and your family are likely under enormous stress. In addition, there is a lot of conflicting advice on the Internet - most of it posted by non-lawyers, or by attorneys who have handled few if any of these kinds of lawsuits. In addition, most of the online sources do not actually provide actionable advice. Below is an action plan that I recommend to clients, and hopefully it can help you resolve your copyright lawsuit.

Action Plain

1. Do Not Ignore the Subpoena Letter. Make no mistake about it - you have been accused of copyright infringement by copying content over the Internet, and the copyright holder has filed a lawsuit. This is not a laughing matter. There is a lot of bad advice on the Internet stating that you can just ignore an ISP subpoena letter. However, default judgments in excess of one million dollars ($1,000,000) have been granted in multiple file sharing lawsuits where Does chose to ignore ISP subpoena letters. Ignoring an ISP subpoena letter can literally ruin your life - don't do it.

2. Act Quickly. Take the ISP subpoena letter seriously, and get moving on it right away. With each case the key parameter of your action plan is whether you will fight the claim or settle. You will want to determine this before the date that your ISP turns your information over to the copyright holder. In particular, unless the copyright holder has been prohibited from listing you publicly, the copyright holder will be free to do so once it has your information, which gives the copyright holder additional leverage over you (especially if the content you are accused of copying is pornographic). Similarly, obtaining information about file sharers is expensive for copyright holders - it requires a successful subpoena. Once your name is "out there," it is far more likely that a second copyright holder will decide to pursue you.

3. Get the Facts. The first step in determining whether you want to fight the case or settle is to determine whether the accusations that have been leveled against you are true. Here is a checklist for your investigation:

General Background Questions   

Who are the computer users in your house?   

Of all the computer users, are any of them under the age of 18?   

Do you or anyone else in your household copy content over the Internet?

General Computer Questions   

What are the make and model of the computers in your house, including desktop computers, laptop computers, servers, smart televisions, gaming platforms, digital media players, including DVD players, Blu-Ray players, gaming consoles, hand held gaming devices, smart phones, and tablets.    Is a Bit

Torrent client installed on any computer in the house? If so, which ones?    Is anti-virus software installed on any computer in the house? If so, which ones?    Who is your broadband Internet Service Provider?   

Who is your cable or satellite service provider?   

Who is your wireless service provider?

Network Questions   

Is your network entirely wired, or is there a wireless router?

Wireless Router Questions   

What different networks are setup for wireless access? For example, it is common to setup a "full access" network and a "guest" network.   

Does each network have a password or is it open?   

For each network with a password, who knows the password?   

Does the router maintain a network access log, and does it show any unexplained activity?Based on your investigation, you should be assembling a picture as to what actually happened. Did you or someone in your household actually use Bit

Torrent to copy copyrighted content? If so, who did it? Is it possible that your computer was hacked? If so, do you have evidence that can support that?

4. Contact an Attorney. A skilled attorney can explain your options in far greater detail than a short article like this one. In addition, if you should choose to negotiate a deal, an attorney can arrange for your identity to be kept secret from the copyright plaintiff. Most importantly, a skilled attorney can offer guidance as to the right approach to take with your case.

Ideally, you will want to contact an attorney that

(1) has handled a number of these suits,

(2) is capable of litigating a case rather than just "negotiating a settlement" and

(3) is admitted to practice in your state and in the particular United States District Court that you live in.

First, file sharing cases are, at their heart, steeped in copyright infringement. Most attorneys have never and will never handle a copyright infringement matter, and have no knowledge of the particular idiosyncrasies of copyright infringement claims. Accordingly, it is unlikely that an attorney who handled personal injury claim for someone you know is the right choice to handle this type of claim. The same is true for an attorney who handles DUI claims or divorces.

Second, many intellectual property attorneys who are familiar with copyright law rarely if ever actually litigate cases. Accordingly, they are not going to have a feel for the actual dynamics of your case, such as how experienced the other side's attorney is, how much a reasonable settlement is, etc.Third, an attorney can only litigate a case in courts that s/he is admitted to. For example, copyright litigation attorneys at my firm are admitted to the United States District Court for the Northern District of Illinois, and the United States District Court for the Central District of Illinois. While most file sharing cases are resolved without major litigation, your case may well require major litigation - if your chosen attorney is not admitted into the Court that the case will be tried in, s/he will need to retain local counsel, which will only add to your expense.5. Have your Attorney Seek a Demand. Once you know what the copyright plaintiff wants, you and your attorney can determine the best approach to take with your case. In particular, if the demand is low enough, consider paying it or having your attorney negotiate further. On the other hand, if the demand is high, your attorney can advise you whether you case can be won. You should know that litigating a copyright case be quite expensive. Many firms, such as my firm, offer ordinary families that are forced to litigate these claims advantageous terms so that they can fight a claim if need be. In addition, if you win your claim, the copyright plaintiff may be forced to pay your attorneys' fees.If you have received an ISP subpoena letter, there is no doubt that you are under a lot of stress. Undoubtedly you want to resolve the situation as soon as possible. However, it is important to approach this decision carefully and unemotionally. I hope that the action plan I outlined can help you do that.

What Is Copyright Awareness?

There is no standard definition for "Copyright Awareness". However, some critics have argued that awareness can only be defined in the light of what is being manifested in all forms of perception, knowledge and consciousness. In each expression, awareness is revealed as the ability to perceive (perception), know (knowledge) or the state of being conscious (consciousness).

Simply defined, awareness means you aware of something. Let us say "I am aware of road accidents" it is qualified as "Road Accident Awareness". Similarly, when "I am aware of copyright", this also is "Copyright Awareness". This means whenever there is awareness of something, that thing becomes the qualifying subject for awareness.

On this wise, copyright awareness is knowing that copyright exists and having knowledge about it. It is the state of having conscious knowledge about copyright in a perceived manner. When users of copyright materials exhibit this sense of awareness in an educational institution, it gives authors the opportunity to enjoy the economic value of their works and motivates their authorship.

Copyright awareness can be developed when conscious efforts are made to bring it into fruition. For instance, when copyright notices are displayed at various points where copyright materials are mostly used.

The importance of copyright awareness can be notice in its absence. That is to say that the absence of copyright can be noticed when there is the problem of uncontrolled copyright infringement activities such as illegal photocopying, plagiarism and piracy within an academic setup.

Awareness in all sphere of life is very challenging. In the same vein, Awareness of Copyright Protection has also remained a globally controversial aspect of copyright laws in respect of works eligible for copyright protection, works not protected by copyright and authors' protection under the copyright protection. This, however, reveals that a lot of people have little or no knowledge in this regard.

On the other hand, Awareness of Copyright Infringement (ACI) can be said to be the awareness that is created when people become aware, conscious, alert, and responsive that unauthorised use of works that are copyrighted is prohibited. Some scholers argued that before we can discuss what constitutes Awareness of Copyright Infringement (ACI), it's probably a good idea to lay out what specifically are the rights that are granted by copyright law that are likely to be infringed. For instance, in Ghana, according to Bosumprah (2009), "copyright is infringed when a work protected by copyright is used in any of the following ways without any permission from the copyright owner:   

Reproduction, duplication, extraction or importation into the country not for personal use but for commercial purposes.   

Distribution of the work for sale in Ghana".

This is because a work exploited in the above mentioned manner may be prejudicial to the honour or reputation of the author. This is why section 41 of the Copyright Act, 2005 (Act 690) regards an act contrary to the rights of an author as provided under sections 5 and 6 as infringement of copyright. So, since the copyright owner has the exclusive right to do all of those things (or to permit others to do them), infringement can happen when someone does any of them without the copyright owner's permission (Davidson, 2010).

Davidson (2010), however agrees with other scholars that "the majority of copyright infringement suits involve unauthorized... "   

Reproduction (as in copying a work) through photocopying, and this according to Panethiere (2005), is one of the common ways of infringing copyright in literary works.   


Distributing (as in copies of the work) through piracy. According to Panethiere (2005) this happens through unauthorised manufacturing and selling of works in copyright - what Osman (2010) regarded as Counterfeitingor the creation or distribution of imitations of genuine works with the intent to deceive the public about their authenticity.   

 Use of someone else's ideas or words, as in plagiarism, or using someone else's ideas or words without properly crediting the source, Osman (2010).

Further to this, Panethiere (2005) argued that"itis not necessary for a whole work to be reproduced or for more than one reproduction to be made for an infringement of copyright to occur. An infringement of copyright occurs so long as a substantial portion of a work is reproduced or other copyright use is made of it".

This is because what is a substantial portion is often subjected to a qualitative rather than a quantitative test. It is the quality or essence of what has been taken rather than the amount that is taken that will often determine whether the portion taken is substantial or not.

Top 10 Reasons to Register Your Copyright

The sheer act of creating an original piece of art makes it yours and yours alone. That unique beat, the words to a song, steps to a dance, or outline to a TV pilot: It's your intellectual property. This property, like real estate or a bank account, holds value and you should protect it. Certainly, if someone is to become famous from your musical ideas or reap vast profits from their sale, it should be you and not the person who ripped your ideas off.In an ideal world, no one would steal intellectual property and claim it as theirs. Even in a perfect world people can still innocently and independently create works of art that are functionally identical. Proving that you created the work of art first would be a difficult task at best. Nevertheless, just like there are vaults to protect your money and deeds to prove you own land, the law provides a simple way to protect your intellectual property: registering a copyright. With due apologies to David Letterman, and in no specific order, here are the 10 Ten Reasons to Register a Copyright:

1. A registered copyright puts the rest of the world on notice. It's your legal proclamation to the world that you own certain intellectual property and unauthorized copies are illegal. Registration warns would be thieves that any larceny of your ideas is at their own risk.2. A registered copyright protects your intellectual property from innocent, but unauthorized, reproduction. A famous example of this occurred when David Bowie sued Vanilla Ice for copyright violation over the hook to "Ice, Ice Bay." Even though Vanilla Ice claimed he innocently copied the beat (later retracted), he still owed David Bowie compensation for its use without permission.

3. A registered copyright gives credit where credit is due. This is a legal, public record that you are the author of a work of art, not someone else. Registration vindicates a very important principle beyond issues of money.

4. A registered copyright let's you sue for 'statutory damages' and attorney fees. In simple terms, suing for statutory damages means you don't have to prove that you actually suffered harm from a copyright violation. A typical lawsuit requires proving harm. You can sue for up to $150,000 for an intentional violation and up to $30,000 for an unintentional violation. CAUTION: you must register your copyright within 3 months of making it public to be able to sue for statutory damages.

5. A registered copyright, in a copyright infringement lawsuit, provides clear evidence that you own certain intellectual property. This means that the defendant in the lawsuit has the burden of proving that no violation occurred or they lose.

6. A registered copyright allows you to record the copyright with U.S. Customs. U.S. Customs in turn will protect you against the importation of illegal copies from other countries.

7. A registered copyright let's you stop someone from making illegal copies. You can obtain a court order that forces an infringing party to cease and desist from their infringement. This is what occurred when record labels sued Napster.

8. A registered copyright is necessary to sue for copyright infringement. In order to take advantage of the system, you need to be a player. You gain significant legal protection by registering your copyright under the laws of copyright.

9. A registered copyright provides legal protection beyond death. U.S. Copyright laws often create a situation where your copyright can still be enforced after you're long gone. Although you can't take riches to heaven, this would be important for someone who wants to provide for loved ones after they're gone.

10. A registered copyright saves time and money. It's certainly possibly to sue someone for stealing your intellectual property even without a registered copyright, it's just not a good idea. For some reason, waving a certificate of copyright, rather than lyrics scribbled on a napkin, just seems to go over better in court. Registering a copyright makes this legal process much more simple and cost effective when an attorney is necessary.

This is my list of the top 10 reasons to register a copyright. It doesn't mean that there are only 10 reasons, though, or that we can agree these are the 10 most important reasons. What other reasons are there to register a copyright or why do you think one reason is more important than another?

The Importance of Music Licensing Agreements

Working in the music industry is highly competitive and can oftentimes become stressful when handling money, legalities and costs or fees involved with producing and distributing music. Whether you are an artist trying to earn a living from your music or a producer and distributor looking to generate a profit from helping artists, hiring a music licensing lawyer is often necessary to avoid any potential legal issues from arising in the future.

A licensing lawyer who works in the music and entertainment industry can help to assist you with any potential legal battles, threats or disagreements you encounter whether you have written the music yourself or agreed to distribute it for an artist. Hiring a licensing attorney which works with music is highly recommended whether you are new to the music industry or simply seeking protection to avoid any legal confrontation regarding the music itself.

What is a Music Licensing Agreement?

A music licensing agreement is a contract that is often agreed upon between artists, record labels and music distributors depending on who is managing the artist and the type of sales that are planning to be made. Music licensing agreements cover the legalities of who has the legal rights and ownership to the music that is being made and sold and who is legally capable of benefiting from the profits that are generating.

Covering royalties, licensing rights and even costs or fees will also be covered in any music licensing agreement or contract that is drawn up by another legal team or your own lawyer. Licensing agreements may also include information about the limitations or restrictions involved with licensing the music to radio stations, online or even within television shows and movies. The more detailed the agreement is, the easier it will be to keep yourself protected legally regardless of the position you are in.

Who Needs a Music Licensing Agreement?

Using a music licensing agreement is necessary for both artists and entrepreneurs who are producing or distributing music as a business for profit. Having a music licensing agreement in place often involves multiple parties and clearly states all individuals' responsibilities as well as the profits they are entitled to earn once the music has sold. Keeping a music licensing agreement in place is a way to avoid any legal action or disputes between anyone involved in the entire process of creating, marketing and distributing the music to any size audience.

The Necessity of a Licensing Agreement in the Music Industry

Having a licensing agreement in place with any deal you make in the music industry can come in handy if you are ever faced with a lawsuit or if the parties and individuals you are working with want more money in the future that was not agreed upon. Having a licensing agreement can protect you financially and legally to keep your career intact whether you recorded the music yourself, distributed it or developed it as the artist or musician yourself.

The Benefits of Hiring an Entertainment Lawyer

When you hire an entertainment lawyer who specializes in working with music publishing and licensing agreements, they are able to read and review all paperwork or documents that you are required to sign to ensure you are thoroughly protected legally. A music licensing lawyer is also able to find the best solutions for you individually to ensure you are earning as much money as possible without causing issues or legal problems. Music licensing attorneys have the knowledge of various types of contracts, whether you are in need of a single song contract, or if you are searching for a partnership contract when joining together with an artist, producer or music distributor in the industry.

Having an attorney by your side while creating a licensing agreement or reading through one is a way to ensure you are making the right decisions to keep yourself legally protected at all times. A lawyer who specializes in licensing can also inform you whether or not the agreement or contract is fair to you and how you can benefit even more from the right type of agreement that is written with you in mind.

Finding the Right Attorney

Hiring the right music licensing lawyer is possible by asking for a referral locally in addition to researching qualified professionals online. Comparing lawyers who specialize in the music and entertainment industry is ideal to save time and to ensure each professional you are interested in hiring is qualified and experienced enough to take on your case personally.

Entertainment Law - How To Register Your Copyrights

You've created a song and want to protect your rights in it. As you may know, your song (or your short story, painting, etc.) is protected as soon as it is "fixed in a tangible medium of expression," which means as soon as it's written down, video taped, recorded, etc. Even without registering the copyright with the U.S. Copyright Office, you have certain rights in your song. You can potentially stop others from using it. But, there are three main additional benefits to registration:

(1) it creates a presumption of ownership and validity, so long as you register within five years of the date on which you release the work to the public;

(2) if you register the work before it is infringed, or in any case within three months of the date of publication, then you may be entitled to statutory damages and attorney's fees; and

(3) you don't have to wait to bring suit against an infringer (registration is almost

[1] always a prerequisite to bringing suit).

Fortunately, registration is both cheap (especially compared to its potential benefits) and easy. There is no reason why you can't register your copyrights yourself. In fact, while usually government websites are an absolute mess, the first place you should visit is the Copyright Office's website. There you will find a wealth of well-organized information, including some so-called "circulars" which explain everything from the nature of copyright to the exciting world of vessel hull registrations. However, what follows is a plain English explanation of the registration process and some helpful tips on registration generally.

The Cost of Registration and the Benefits of Filing Online

If you're reading this article, then you probably have access to the internet. That's good news, because filing your registration online with the Copyright Office only costs $35 per registration. To file online, visit the Copyright Office's website and click on the eCO Login at the top right of the screen. Before proceeding, you must register as a user (which you do by providing some basic information and creating a username and password). Once you register as a user, you will be able to log in and file your registration online-you can even upload documents to satisfy your deposit requirement (more on that later).

Now, for the sake of completeness, I'd like to point out that you can still file your registration the old fashioned way, using real paper. The next cheapest method of registration is the Fill-In Form CO. Like it's name suggests, this is the same form you would use if you eCO filed, it's just provided to you in a form where you can print it out and fill it in and mail it back to the Copyright Office. However, for that privilege the Copyright Office charges you $50.

If you are really old school and want to register using the old paper forms,

[2] then you may do so for a fee of $65. The only real difference between these forms is the price. Clearly the Copyright Office wants to eliminate paper as much as possible, and the old paper forms are priced higher than the Fill-In Form CO because the latter use special barcode technology that enables the Copyright Office to process them more easily. If you can, then you should save money and time by eCO filing.

Having registered as a user, you are now ready to begin registration. There are three elements to a successful copyright registration:

(1) completion of the eCO Form;

(2) payment of the registration fee; and

(3) the submission of deposit materials.

The FormOnce you create a user profile and log into your account, click on "Register a New Claim," and then "Start Registration." There are 12 parts to the application, most of which require some input from you, as described below.

(1) Type of Work

Naturally, you must tell the Copyright Office what type of "work" you are registering. By "work," the Copyright Office means the thing being registered. There are seven categories of works, and the work you are seeking to register must fit into one of them:

Literary Work. Examples include books, computer programs, compilations, instruction manuals, and speeches.Work of the Visual Arts. Examples include sculptures, paintings, photographs, murals, bumper stickers, decals, cartoons, games, greeting cards, and jewelry.

Sound Recording. Examples include any audio recordings (e.g., of music, songs, and audio books).

Work of the Performing Arts. Examples include ballets, operas, and musical compositions.

Motion Picture/Audiovisual Work. Examples include videos, films, and television recordings.

Mask Work. Examples include semiconductor chip registrations (yes, you can register the copyright in those, too).

Single Serial Issue. Examples include periodicals, newspapers, magazines, bulletins, newsletters, and journals.Usually, you'll know right away which category you work fits into (and you can only pick one). But the plot thickens if you are, for example, seeking to register a book that contains a few photographs in it. In that case, you have on your hands what is referred to somewhat cryptically by the Copyright Office as a "work that includes more than one type of authorship." The Copyright Office advises you to pick the authorship that predominates the work.

In other words, is it mostly a book that has a few photographs in it? If so, then register it as a literary work. Conversely, if it is mostly a book of photographs that has some limited accompanying text, then register it as a work of visual art. Note that no matter how you decide to designate the work, all the elements contained in it will be protected. In other words, you won't have to register the same work as both a literary work and as a work of the visual arts in order to protect it. What if the forms of authorship are truly equal? Well, just pick the one you like best. So long as you properly describe your contribution to the work in subsequent sections of the eCO Form, you'll be covered.

The one exception to that rule is for songs. As you may know, songs can be divided into different copyrights. You have the copyright in the sound recording, which is the recorded version of your song, and you have the copyright in the musical composition, which is the elements that comprise the song, i.e., the melody and lyrics. In the olden days, you had to register the copyright in the sound recording (as a sound recording) and the copyright in the musical composition (as a work of performing art).

Assuming you own both copyrights yourself and did not transfer them away, you only have to register the copyright in the sound recording, and then make sure you properly describe your contribution to the work in a way that includes the performance art elements, and you can obtain protection under both categories. Note, though, that you cannot choose the work of performance art category and then claim the sound recording copyright too. You must choose the sound recording category in order to capture both copyrights.

(2) Titles

Let's say you picked Sound Recording and pressed "Continue" at the top of the screen. Next, you must title the work. Remember to be careful when entering in the name of the work-the name must exactly match the name as it is used on the product you distribute to the public. Add the name and take a minute to verify that it was entered in correctly. If so, click "Continue" to proceed. (You'll have a chance to verify this information later.)

One question that particularly musicians ask is whether they must file separate copyright registrations for each song on the album (which could get prohibitively expensive). The short answer is no. The Copyright Office does allow you to register songs as "collections." So long as you are the author of all of the songs (either the sole author or one of the contributing authors), then you can register as many songs as you want at once.Note, though, that certain restrictions may apply depending on whether the collection of songs is published or unpublished and whether the ownership in the copyright is the same across all works. These nuances are beyond the scope of this particular article, but you can always contact an attorney if you have any specific questions relating to that subject.

I will provide one word of caution with respect to registering songs in collections. You can only claim one instance of copyright infringement per collection. This means that someone could steal every song in your collection, but because you registered the songs as one collection, you can only collect damages for one act of infringement. Conversely, if you had registered all of the songs individually, then you could collect damages for as many of the songs as were infringed. I do understand that most musicians can't afford to register 12 separate songs.

My suggestion is to register songs in collections, but then also submit separate registrations for songs designated as singles. Or (and this is a riskier solution) wait and see which songs from the record are popular and then register the copyrights in those. This way, you get the extra protection of an individual copyright registration, while also protecting the other songs in the collection.

(3) Publication/Completion

Whether or not a work has been "published" affects what you will need to submit to the Copyright Office in order to register the work (what you must submit is known as the "deposit requirement," and it is one of the three elements you need to successfully register a copyright). The Copyright Office says publication results from:

[T]he distribution of copies of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. A work is also "published" if there has been an offering to distribute copies to a group of persons for purposes of further distribution, public performance, or public display. A public performance or display does not, by itself, constitute "publication."Admittedly, that's a confusing definition in that in leaves a lot of questions unanswered. For example, is a work "published" if you post it online? The answer is "probably," but it depends. The above definition also does not specifically contemplate electronic transmissions, but you can reasonably assume that if you post something on the internet, it has been distributed to the public when they view that image on their computers. Still, if you posted the work on your private website that only certain people can access, then maybe it hasn't been published as that process is defined above. Ultimately, you must decide that question yourself.

Whether or not a work has been published, and if it has, then when it was first published, does have a bearing on the copyright registration. In the interest of space, I won't get into the nuances of those issues (although feel free to contact me if you have any specific questions). However, the question of how a work's publication status affects what deposit materials you must submit is addressed in more detail below.

Now, let's say you selected "yes" to the question of whether the work has been published. You must then complete a form that prompts you to enter some additional information, including the date on which the work was originally published. If you don't have an exact date, don't worry: just make an educated guess.

(4) Authors

The author is either the person who created the work or the organization that was the author if the work was made for hire. If more than one person contributed copyrightable elements to a work, then you'll need to list the various authors. First - if you are the author or one of the authors - click "Add Me." Then, select your contributions to the (in this case) sound recording.

Let's say you wrote the lyrics, produced the track, performed on the recording, and-because you self recorded and didn't transfer your copyright in the sound recording to a record company-you own a portion of the sound recording. Then you'd select those four boxes from the menu. If you need to add other authors, then you may do so, listing their names and then selecting their respective contributions. Let's say you need to add Bob as an author. Bob wrote the music to the song, performed on the song, and owns part of the sound recording. Then you'd select those boxes for Bob. And so on and so forth for any other copyrightable contributions made to the sound recording.

Note that I use the word "copyrightable" intentionally because the contributions you're registering must at least be sufficiently original to warrant copyright protection in the first place. For example, the guy who cleans the studio at night might be integral to your creative process, but he did not contribute copyrightable elements to the sound recording by merely being present in the studio. Now, if he picked up an instrument or suggested a chord change, then that is another issue. In fact, you'll notice that this "authorship" situation can get a little messy. Some bandleaders chose to have their musicians sign work for hire agreement in which they assign their rights in the music to the bandleader. This practice protects you down the road if your song becomes a hit and suddenly the guy who contributed handclaps to the record thinks he deserves part of the copyright in the song, and therefore part of the money it's bringing in. But, again, that's the subject of another article.

(5) Claimants

The "claimant" is either the author or the organization to which the author transferred the entire copyright. The claimant will often be the same person as the author of the work. For example, if you are registering your own song, and you own the rights to it, then you would be both the author and the claimant. But sometimes a record company will make you transfer the copyright in the sound recording to them. In that case, they would list you as the author of the work, but then list themselves as the claimant. If you are the author and retain the copyright and you are the claimant, then click "Add Me."

(6) Limitation of Claim

Does part of your song include an old folk song that is in the public domain, i.e., it's a folk song from the 1800s and you are using you own arrangement of it? Here is the portion of the registration where you would want to list that information. Maybe your song contains a sample. Or maybe you re-wrote a song of yours that you had previously registered. Usually, you'll just leave these fields blank, but in the event one of these exceptions applies, you'll need to enter the information requested accordingly. Although you want to answer these questions honestly, you ultimately want your claim to be as broad as possible, so make sure you aren't listing any unnecessary limitations here.

(7) Rights & Permissions

What if someone hears your song and wants to use it in a blockbuster movie starring Will Smith's son, Jaden? The information you list on this portion of the form will allow that person to contact you directly to license it from you. Or, if you'd prefer they contact someone else, you can list that information too. Maybe you have a company that handles such requests, or an attorney. List the appropriate entity, and keep in mind that the information you list here becomes public information, so only use your home address if you're comfortable with that. If not, then find a third party agent to use or acquire a post office box. Click "Add Me" if this is you and you don't mind your address being used.

(8) Correspondent

Again, this is probably you-the correspondent is merely the person the Copyright Office will contact if it has questions about the application. Sometimes this field will be occupied by your attorney's contact information if he or she is completing the application for you. As before, click "Add Me" if this is you. This information will not appear in the public record, so you can use your home address if you'd like.

(9) Mail Certificate

This is where the Copyright Office will mail your fancy certificate once your work is registered. Click "Add Me" if this is you. This information will also not appear in the public record, so you can use your home address if you'd like.

(10) Special Handling

Remember how I told you that one benefit of early registration is you'll be ready if someone infringes your copyright? If you don't register before the act of infringement, then you'll have to register in order to bring suit. And you can't bring suit until you have the registration in hand, unless you live in a jurisdiction where only filing is required. Which means you either have to wait up to eight additional months, or you pay $760 on top of the $35 registration fee to have the registration expedited. If you have to do that, here is where you ask for it. You must have a "compelling reason" for the expedited registration. One of the listed "compelling reasons" is pending or prospective litigation. Select if appropriate. If you don't need special handling, then skip this portion of the form.

(11) Certification

Here is where you swear that all the information you entered is correct.

(12) Review Submission

Here is where you double-check all of your information.

The Fee

Once the above steps are completed, you'll need to pay. Here is where you do that.

The Deposit

Now that you've fully described the work and provided other relevant information-and of course after you've paid Uncle Sam-you must satisfy the Copyright Office's deposit requirement for the type of work you're registering. Unfortunately, knowing what to submit is not easy. The general rule for deposit materials is that if the work is unpublished, then you must submit one complete copy of the work, and if the work is published, then you must submit two complete copies or the "best edition" of the work.

[3]If you're registering a Sound Recording, then this requirement is fairly easily met-simply submit either one or two copies of the sound recording on a CD (or upload the tracks if that is an option). Similarly, for a literary work, you would simply mail or upload either one or two copies of the novel, poem, etc. However, if you're attempting to register visual art, then this requirement become a little confusing and in some cases very burdensome.

First, remember that displaying the work publicly, without more, does not necessarily constitute "publication." So if you're registering that painting you have hanging on a wall of an art gallery, then you're probably registering an "unpublished" work, and as such will only have to submit what the Copyright Office refers to as "identifying material," i.e., a photograph clearly depicting the complete work.

On the other hand, if you had prints of the painting made and are selling them, then you have most likely "published" the work, and now you must submit two complete copies of the work (which in this case would be the prints you are selling). Similarly, if you're registering a three-dimensional sculpture, or artwork that is attached to a three-dimensional object, then whether the work is published or not, you still only need to submit identifying material, because submitting a copy is not practical.

Sound confusing? Fortunately, the Copyright Office provides a handy little chart, which does a good job of describing what deposit materials are needed for each kind of visual artwork. However, note that even if-according to the chart-you must submit a complete copy of the work, you may still seek relief under 37 CFR § 202.20(d)-(e). Basically, those statutory provisions allow you to ask the Copyright Office to waive the deposit requirement for you due to special circumstances-e.g., if for whatever reason the work is just not capable of being copied or it would be overwhelmingly burdensome for you to have to copy it. However, you must affirmatively ask for such special relief in writing, and of course your request must be granted in order for your registration to proceed.

Final Thoughts

Remember that, while you don't technically have to put the "(c)" on the work in order to retain copyright protection, you should, as it puts the world on notice that a copyright is claimed. That notice can prevent a defendant from claiming innocent infringement in a court of law, and the presence of the notice may also bolster your argument for willful infringement, which would very significantly increase your damages. Make sure to put the "(c)" followed by the year of publication and then your name.

Finally, note that the date of your registration is not the date you receive your certificate of registration, but rather the date on which the Copyright Office receives what they need to register the copyright. If you completed the eCO Form correctly, then that should be the day you submitted the completed online application. That's it! Your work is on its way to being registered by the Copyright Office. Now go celebrate by creating (and then promptly registering) more art.

[1] I use the word "almost" here because some jurisdictions do allow you to initiate a lawsuit upon the filing of your registration. However, you'll need to consult case law to determine whether your jurisdiction is filing-only jurisdiction. An attorney can help.

[2]Specifically, Forms PA, SR, TX, VA, and SE, which stand for performing arts, sound recordings, literary works, visual works, and single serial issues, respectively. While those forms are not used as much these days, the distinction between the various types of registrations is important, as will be seen.[3] The "best edition" applies if the work has been published in different editions, in which case you would submit whichever edition was larger, was printed on better paper, had more colors, etc.

Copyright For Non-Lawyers

If you make a short film that includes someone singing "Happy Birthday to You," until recently you could expect to pay a hefty licensing fee to Warner Music Group - or a heftier fine, if you used it without permission. A class action suit is currently trying to change that.Once, this decision would have only concerned those involved in the professional production of film, TV or theater. These days, it concerns anyone with a YouTube, Vimeo or Vine account.The Internet, along with the social media networks built on it, has created a plethora of opportunities for those who create video, music, photographs and writing to publish their work in formats with the potential for wide distribution. While only a fraction of us want to earn our living solely through the works we create, and only a small subset of that group succeeds, copyright questions have suddenly become important to many of us who would never have otherwise considered them.

First, a basic definition: What is copyright, in layman's terms? In the United States, copyright law extends certain protections for published and unpublished "works of authorship." This covers a variety of forms of expression, some of which are obvious - books, movies, songs - and some of which are not as well known outside their professional fields - computer code, software, architectural design. The deciding factor is that the work must be fixed in a "tangible mode of expression." Choreography that has not been notated or recorded, for example, cannot be copyrighted until it is fixed in a durable medium. You can't copyright ideas.

This requirement is one of the factors that distinguish copyright protection from the protection extended by a patent or a trademark. A patent is meant to cover an invention or a discovery in the abstract, rather than a concrete expression of an idea. For example, there is a current legal debate over whether the idea of podcasting - a broadcast available on demand - has been legally patented and by whom; meanwhile, most individual podcasts are indisputably protected by copyright. This protection is unrelated to the patent debate. Both patents and copyright are matters of federal law.

Trademarks, on the other hand, are words, phrases or designs used to distinguish the goods of one party from those of others. (Service marks are more or less the same, but distinguish the providers of services; the term "trademark" is often used conversationally to cover service marks as well.) An artistic design is automatically protected by copyright, but can also be trademarked, which offers overlapping, but not identical, legal protection. While federal trademark law exists, the majority of trademark law functions at the state level.

One of the major differences between copyright and patents or trademarks is that you have to file to receive either of the latter two. In contrast, copyright protection automatically extends to any work that is eligible from the moment of the work's creation. Creators can, however, voluntarily register their work with the U.S. Copyright Office. While this step is not required for copyright protection, it does confer several benefits. It makes the copyright a matter of public record and grants a concrete certificate of registration to the copyright holder. It is also necessary to register a copyright before taking any legal action against those violating it; it is generally easier and more effective to register before there is any dispute about the identity of the true copyright holder.

For those who wish to register, the U.S. Copyright Office provides the forms online; registration can be completed electronically or by mail. Registration involves an application form, a nominal but nonrefundable filing fee and a nonreturnable copy of the work being registered. It is generally simple enough for a layperson to prepare without help from an attorney. The application must be filed by the copyright claimant, who is either the author of the work or the author's employer (if the work was created for hire); the owner of the exclusive rights to the copyright, if the claimant has sold or granted them to another party; or the legal representative of the claimant (such as someone who holds the author's power of attorney).

In the past, people would sometimes mail their work to themselves, in what was known as a "poor man's copyright," in order to protect unpublished works. However, under current copyright law, this is unnecessary for copyright protection and doesn't substitute for copyright registration, so it serves no real purpose. Since 1989, creators have not been required to include a copyright symbol (©) with their copyrighted work. Voluntarily including it, however, can cut down on later claims of copyright infringement through ignorance.

It's important to remember that a work's copyright, registered or otherwise, is not without limits. One such limit is time. For works that were created on or after January 1, 1978, the copyright automatically extends for the author's life plus 70 additional years. If more than one author created the work, the term is 70 years past the last surviving author's death. If the work was made for hire, or the author is unknown, the copyright extends for the shorter of 95 years from publication or 120 years from creation. (The rules vary for works created before 1978.) After the term of copyright expires, works enter the public domain, meaning anyone may freely use them without prior permission.

There are some instances in which people are also free to use works that are still under copyright, under what is called the "fair use" doctrine. If you are the copyright holder, many rights to the work are exclusive to you. This includes most instances of reproduction (i.e. copying), but there are cases in which someone may copy your work without your permission. Whether or not a particular case is fair use is usually determined by a combination of four factors:    Whether the use is commercial in nature or intended for non-profit or educational benefit;   

The nature of the work being copied;   

The amount of the work being copied in relation to the size of the work as a whole; and   

The effect upon the market value of the original work.

There are no hard and fast rules as to when a particular use is in violation. For example, there is no maximum number of lines of print or seconds of a recording that will automatically qualify use as unlawful. Acknowledging an author by name does not substitute for obtaining actual permission to use a work. The courts, however, have established that certain uses, such as a teacher reproducing a work for use in a lesson or a brief quotation appearing in a journalistic article, are almost always legal.

Some creators also waive some of their automatic copyright protections. They may do this for a variety of reasons. Certain creators waive some of their rights as copyright holders deliberately, either for ideological reasons or in order to promote their work. Some authors feel that The Copyright Act of 1976, which remains the basis for most U.S. copyright law, is too restrictive and overprotects existing works to the detriment of new ones. They choose to waive rights as a way of leveling the playing field. Other creators simply want to make it easier for their fans or followers to redistribute their work, as a means of garnering publicity and making their voices heard. Creative Commons, a non-profit organization, is one of the most prominent organizations working to allow creators to legally waive certain rights while retaining others.

Creators also sometimes waive copyright protections in a less deliberate way. One of the major ways they may give up some or all of their rights as creators is to share their work on social media platforms, whose terms of service include language limiting users' rights to works that they post. The photo-sharing service Instagram caused a backlash among users last year when, three months after its acquisition by Facebook, it changed its terms of use in a way that many interpreted as a precursor to selling users' photos or using them in advertisements without the photographers' permission. In response to user outcry, Instagram removed the objectionable language. Its terms' current language is more standard; users retain full ownership of their photos, but grant Instagram a non-exclusive, royalty-free license to the images.

Instagram is not an exception. Sites like Facebook, Twitter and Pinterest also specify similar licensing arrangements in their terms of service for anything you post to which you hold the copyright. Yahoo!'s photo-sharing site, Flickr, allows you to set the default licenses on your photos from full protection (regular copyright) through "no rights reserved," but also specifies that users grant Yahoo! a royalty-free license to use the content on its own site unless and until they remove the images. While social media services generally incorporate such licenses mainly to allow their operations to function, it's important to realize that by sharing a photo on Facebook or Twitter, you are voluntarily waiving some of your copyright protection to the image. You should keep an eye on any changes in terms of service for sites you currently use and carefully review the terms of service when signing up with a new platform.

What if you have created something from which you wish to profit directly? As a copyright holder, you are free to reproduce, perform or display the work as you like and charge for doing so. A person buying a copy of the work does not affect your copyright; you don't, for example, have any right to a book just because you purchased a hardback copy. If you record an original song, you can sell as many copies of that song as you like without damaging your copyright in any way.Another method for profiting on your work is via advertising revenue. This is a bit more complicated, and the details are beyond the scope of this article. However, programs such as the YouTube Partners program or Google's AdSense for Blogger allow you to earn revenue in exchange for pairing your original content (such as videos or blog posts) with third-party advertisements. As the owner of your content, you have the option to profit this way if you so choose.

If you create something that fills a need or becomes popular, you can also consider selling licenses to others who wish to use your work. They might wish to use it in a derivative work - for example, playing the song you wrote and performed over the credits of their film or setting a poem you published to their own music. Or they might simply wish to distribute your work, such as showing a film you made at their independent theater. Depending on what they want to do with the work and your own preferences, they may only need to obtain your explicit permission, or they may need to pay you (a one-time fee, a recurring fee or residuals). You can limit your permission to use the work for a certain time or in a certain way. There are no legal requirements for this sort of agreement; it's up to the two parties to work out an arrangement that suits them both.

If you plan to license your work, you should definitely register with the Copyright Office in order to protect yourself. Given the potential complexity involved, if you choose to license your work, it may be best to involve an attorney who specializes in intellectual property. The attorney can help you draft a license or license template that reflects your intentions. Even if you do not seek professional advice, you should formulate your agreements in writing so that both you and the licensee are clear on the terms before there is any exchange of your work. While it is possible to transfer a copyright altogether, it is probably best to think long and hard before doing so, since you would give up all future right to the work.

What happens if someone uses your work without your permission? As long as you have registered your work with the Copyright Office and believe the instance does not fall under fair use, you can choose to pursue the infringer in civil court. However, before you do, it is important to consider whether it is worth the time and legal fees you may incur. There is a difference between someone selling a book that mostly plagiarizes your words and a teenager posting a photo you shared on Instagram on her blog without crediting you, though both are technically infringement. You are unlikely to be awarded much, if anything, in the way of damages for the latter.

Before pursuing legal action, you may consider contacting the infringer to inform them of their infringement and ask them to stop using the work. If they are sharing the work through an Internet service, you can also contact the website to let them know the user is in violation of copyright. This often violates a website's terms of service, and the company may take action accordingly. If the infringement is serious enough to warrant litigation, it is wise to seek legal counsel before making contact or filing a complaint with the government. (The FBI is responsible for pursing intellectual property violations.)

Copyright is complicated, but U.S. law is generally on the creator's side. In a world in which we share our thoughts and images freely, taking the time to know your own rights can keep you and your work protected.

Advantages Of Company Formation In Uae

The United Arab Emirates comprises of seven independent regions known as Emirates. Each Emirate is unique in its own way and offers its own features and benefits for setting up a business.

We take a look at the various advantages associated with company formation in the UAE.

• Global trade hub

UAE practises a culture of open and free trade with its trading partners. The average tariff rate for goods entering UAE is 5%, but the country is packed with free zones that offer incentives like tax and duty exemptions. UAE's open border foreign labour policy is an added bonus for private sector companies, allowing them to recruit expatriate employees at internationally competitive wages.

• Strategic location of the countryLocated strategically on the new Southern Silk Road between Asia, Europe and Africa, the UAE enjoys excellent trading conditions. The various countries and regions that are in constant business relations with the UAE, and use it reach out to the world are:

China (uses UAE to reach Africa)India (uses UAE to reach out to the rest of the world)

Latin America (uses UAE to reach South Asia)

Western countries (uses UAE as a hub for the Middle East)

• Low import dutiesMost goods and items that are imported into the UAE enjoy extremely low import duties. To add to this, goods imported into free trade zones are completely exempt from import duties.

• 0% Corporate and Personal Taxes

Companies in Dubai or UAE's free zones are required to pay no corporate and personal taxes and enjoy 100% repatriation of profit and capital. This favourable tax framework was highlighted in a study called Paying Taxes 2013 performed by the World Bank, International Financial Corporation and Pricewaterhouse

Coopers.

• No double taxation

In order to avoid double taxation of foreign companies, the UAE has signed Double Taxation Agreements with many countries across the world.

• Strong and competitive economy

In a ranking of the Index of Economic Freedom 2013, prepared by the Heritage Foundation in partnership with the Wall Street Journal, the economy of UAE was ranked 3rd among 15 Arab countries and 28th among 185 nations worldwide. Thanks to UAE's transparent and favourable business climate and highly stable political climate, businesses are able to enjoy a highly dynamic and progressive environment.

• High level infrastructure

Rapid economic progress in the UAE has inspired a massive boost in the construction of residential, tourism and commercial facilities across the country. This is in addition to the on-going development of infrastructural facilities like the Al Maktoum International Airport, free trade zones, ports etc.

Points to Remember Before Setting Up a Business in UAE Freezone

Freezone Business Setup in UAE is a promising option for starting up a venture in Dubai. While the government has been encouraging on foreign investments ahead of the Dubai Expo 2020 and creating opportunities for entrepreneurs, it seems like the freezone company formation option is among the most preferred form of business setup in United Arab Emirates.

The UAE Ministry of Economy along with various UAE free zones, with collaboration have decided to discover partnership and strength mutual means of corporation. As known globally the UAE freezone company formation is a free economic area or an economic freezone jurisdiction, providing maximum benefits of business set up in the region - such as tax advantageous, complete ownership, repatriation of profits as well as on capital, no import and export charges, no custom duty, free transfer of funds, less monitoring or regulations, freedom on work module and so much more. Freezone business setup in UAE is nothing but a haven for every businessman.

Freezone Business Setup in UAE is amongst the swiftest procedures of incorporating a company in UAE and is normally not an expensive affair. Nevertheless, with all the good factor noted there are also few precautionary points a prospective entrepreneur must remember!

Listed below are the points to remember before setting up a Business in UAE Freezone:


• Chose Precisely:

UAE freezone offers various options with regards to jurisdiction, legal type, legal structure, the process of establishment, the numerous regions, their independent rules and regulations and so on. Before setting a company in UAE freezone, chose precisely which parasol is suited best for you and your company's requirements.

• Be Informed:

Having proper knowledge about the freezone company formation process and timely indication on the laws implemented is always a foremost advantage. A guidance from a company formation advisors of business setup consultant is the best option under this scenario - that allows you to focus on your business while formalities are taken care by the consultants. It also indicates you the changes in the pattern of business setup and assures you up-to-date services.

• Difference between FZE and FZCO:

Understanding the difference between a Freezone Establishment and a Freezone Company Formation is essential before freezone company formation. A Freezone Establishment is a company established by a sole entity and has a single shareholder, while a Freezone Company is actually a limited liability company are is bound by 2 or more shareholders. Even though both provide the same operational recompenses the major difference is in the share capital requirement.

LLC Incorporation and Formation

One of the most important aspects of starting a business is to choose the entity that offers the maximum benefit to your business. Limited Liability Companies are considered as the most commonly preferred business establishments of various fields. Limited liability is known for its legally recognized perpetual business entity. The incorporation of LLC is easy, simple and fast. LLC combines the flexibility of a partnership with the liability protection enjoyed by corporations. There are lots of advantages of forming an LLC instead of a corporation

Flexible taxation

One of the biggest benefit of forming an LLC is you have the option to choose how you are taxed. LLC's tax rate is completely dependent on the owner's income. Under the Corporate treatment option, if you have higher income you will be getting lower tax rates.

Protection of personal assets

By forming an LLC you can protect your personal assets from those of your company, if any lawsuit is brought against your company. Thus LLC makes your asset protected

No Double TaxationCorporations are subject to double taxation, where the corporation pays the taxes at the corporate level first and then on the income which are distributed as dividends. LLC are not subject to double taxation like Corporations. Business income is reported on your personal income tax return and axed once. You can approach a Business Tax preparation Company near you to know the procedure for filing return.

Low Audit Risk

Sole proprietorship faces more risk of IRS audit than LLC. If you have taken effort to form LLC, then you are in the business where there is less risk of IRS audit.

Business Flexibility

If you are running an LLC, then you have wide choice in how to handle the business. You can add members to your business easily without much formalities as in corporations. A Limited Liability Company is a flexible business structure which gives you a variety of options to manage your company.

Lease AssetsIf you are running an LLC, you can lease your personal assets to the company. This means you can run your LLC from your home office and show like the LLC leasing the office from you. By doing so you can write off business expense and improve your financial situation. For doing this you need a formal lease agreement.Forming LLC as the business structure is the best choice for an average entrepreneur. If you are going to run a LLC business, contact your nearest Small Business Tax Service Company, to run your business effectively.

Limited Liability Companies - LLC Basics

WHAT ARE LIMITED LIABILITY COMPANIES AND WHY CREATE ONE?

Our firm routinely encounters an employer having "LLC" after its name. What is the impact of this designation on our client's ability to collect his settlement, award, or judgment? We generally sue corporations, not individuals, for corporations are the named employers and have the necessary resources to compensate our clients for wrongful termination. But what happens when Corporations are "members" of a "Limited Liability Company?"A member of a "Limited Liability Company" or "LLC" has limited liability. A Corporate Member of an LLC has liability limited to the member's investment contribution to the LLC. This means that if Parent Company Inc. is a member of an LLC, Parent Company's exposure to pay the debts and liabilities of the LLC is limited to the investment of assets and capital Parent Company has placed with the LLC. An employee of the LLC cannot recover his damages for wrongful termination directly against the Parent Company.

But maybe the biggest reason large corporations use the LLC device is the "pass through" of LLC income without federal taxation to the LLC. The taxable income or losses of the LLC pass through the LLC to be separately reported on tax returns by the individual corporate "members." Of course, the distributions from the LLC will depend on the member contributions and the "Operating Agreement" of the LLC.

HOW LIMITED LIABILITY COMPANIES ARE CREATED.

Most people are familiar with the idea that Corporations are formed by filing "Articles of Incorporation." An LLC however is created by filing with the Secretary of State or Department of Corporations of a State a document known as "articles of organization" or sometimes called a "certificate of organization" or "certificate of formation".

LIMITED LIABILITY COMPANIES CONSISTING OF OTHER LIMITED LIABILITY COMPANIES

Most people are also familiar with the idea of a parent-subsidiary relation. That is, a parent corporation has stock ownership and some overlapping controls over a separate subsidiary corporation. An LLC can also set up this "parent-subsidiary" relationship of multiple LLC's engaged in a common enterprise. Why do so? The structure allows still additional layers of protection from liability. If one of the LLC members fails or incurs an overwhelming debt, the other LLC members are shielded from exposure except for whatever they contributed to the failed LLC member.

IMPLICATIONS FOR CREDITORS AND EMPLOYEES OF LIMITED LIABILITY COMPANIES

An LLC cannot by law issue stock. Its investment capital is derived from its members, and whatever private debt it can muster. But unless the LLC is maintained as a shell to defraud creditors, it is often sufficiently financed by its corporate members and other LLC participants to cover our client's claims.

An LLC ends when one of the members elects to leave the LLC. However, the operating agreement can provide for a buy-out of the departing member's interest, and the continuation of the LLC. Without such a contingency in the Operating Agreement, a new LLC must be formed. The reality is that your target employer-defendant may dissolve if one of the LLC members leaves. Diligent attorneys suing an LLC will obtain a copy of the Operating Agreement to identify all members and to be assured of continued operations.

Preparing for the Initial Consultation With Your Business Attorney

Starting a business is a serious endeavor that opens you up to many new legal considerations. Be prepared for your initial meeting with an attorney by learning about key commercial-entity concepts.Sole ProprietorshipYou are a solo practitioner who's been baking and giving away cakes for years. Now people are offering you money to bake more. In this situation, if you are simply sticking to making cakes in your home kitchen without much fanfare, it may not be necessary to establish a formal entity.

Typical Sole Proprietors- Small business- Operating with minimal frills- Comfortable taking on personal financial riskPartnership

You've spent a few years as a sole proprietor. Orders have steadily streamed in, and you've hired additional workers. After borrowing your neighbor's van to deliver a wedding cake for your first out-of-state customer, you realize that this relationship could help grow your operations. This might be the time to set up a partnership. Here you and one or more individuals will agree to share ownership of the business. The proportional share of ownership is decided by the partners. Depending on your state, partners may equally share risk or proportionally share risk according to their agreement. Although it's tempting to rely on a friendly handshake to seal the deal, with so many considerations, it's important that both parties have an attorney review their agreement.

Typical Partnerships- Individuals who've chosen partners they're likely to work well with both professionally and personally- Colleagues who have invested both time and capital into the business- Partners who are willing to be personally open to liability

Limited Liability Company

The cake-selling partnership has been booming, and you and your neighbor agree that it is time to set up a storefront. While the partnership worked when you were in your own kitchen, setting up a commercial kitchen requires permits, contractors, and licenses. Above all, you must purchase insurance. This has you reconsidering if you want to remain personally liable. What if someone were to slip on some icing and sue? Setting up a limited liability company will create a separation between you the person and the commercial entity you operate. In other words, if something bad were to happen, the business would be liable, not you and your neighbor.

Typical Limited Liability Companies- Operate in an industry susceptible to lawsuits- Can be any size- Require less personal financial investment

Corporation

It's twenty years down the road, and you are a Cake Don. In addition to making cakes for all occasions, you have an online baking show, a podcast, and a baking-ware line. All of this is fantastic and you're a millionaire, but your hands ache and you wonder what will happen when you want to slow down. Your family steps in and asks to be involved, pushing you to set up a corporation. This form of business is run by a board of directors who, depending on the type of corporation, may or may not own shares in the company. If you would like to ensure the cake company's long-term success, having a corporate board available to help make decisions is key.

Typical Corporation- Has a larger budget- Can be for-profit or not-for-profit- Must abide by strict regulations if the corporation becomes publicMake sure to work with an attorney to ensure you are maintaining compliance while running a thriving business, no matter the type.

DCAA Indirect Costs Preparation By The Experts

The Defense Contract Audit Agency or the DCAA is a monitoring body that performs a strict audit before awarding contracts to any civil body. They do not conduct the audits by themselves but are asked to do so, on behalf of different military and even some civil wings. The strict audit is done to ensure that the taxpayer's money are well spent. Thus, there are several clauses and sub-clauses to abide by to pass the audit and secure the government contract. For this, you have to prepare an account that is DCAA compliant.

Separating the indirect costs

The prime task is to determine if your company accounts are adequate in accordance with the DCAA stipulations especially concerning the DCAA indirect costs accounts. The indirect costs are rates that can be quantified in any contract. The direct cost comprises of expenditures like the cost of materials, worker wages for the project in question, expenditures for the sub-contractors and the like. The indirect costs on the other hand are specified by the FAR and have to be explained properly.

Categorizing the costs

All recognized DCAA indirect costs can be more or less categorized in three groups the benefits of employees, the total overhead costs, and the general administrative costs. Employee benefits like those of the health, pension plans, paid leave allowances have to be clearly maintained in records so that there is no discrepancy when the audit comes. This is usually done by way of good time-keeping that can be either manual or electronic. Such records must have a consistency for at least a period of time and not made overnight for the audit.

Covering the areas of operations

Concerning the overhead costs, the records have to be in existence at the time when money was actually spent for the purpose. They may also include sections like research and development, shared facility costs and those of the electricity and the heating systems too. Costs that are associated with the management of the business like the office space, the salaries of the workers and the management engaged in one or even multiple projects and the like.

Proper projection of the accountsThe way you maintain your accounts of the indirect costs will largely depend on the type of business that you are engaged in and also the size of your business. You will have to submit all such accounts within six months of the end of the fiscal year. It is not in the capacity of regularly qualified accountants to prepare the needful as the specifications are largely different in certain areas. The best way to avoid being penalized is to take the help of the professional accountants that not only have experience in preparing these accounts but have once served for the DCAA.

Seven Legal Tips To Start A Business

. Ensure your business name is available:

You need to invest money as well as effort into starting a new business. Before doing so, you should ensure that the title is available for registration. It should not happen that you do everything and suddenly find that someone else has already taken the title. This will prove advantageous to you while you register for your trademark.

You can check the availability of a title in many ways. You can conduct a search if any firm has applied for a trademark registration in the same name. You can also conduct an extensive search to verify the existence of the same name elsewhere in the country. Your business lawyer can do the search for you.

2. Choose the appropriate legal structure:

There are various structures for a business entity. There can be sole proprietorship concerns, partnership firms, limited liability companies (LLC), or even corporations. You should choose the appropriate structure for your business enterprise. The sole proprietorship and the partnership firms are the easiest to form. They do not require any formal registration as such. However, these concerns cannot offer any protection to the owner against any liability. Hence, you can opt to form a LLC. You get protection against any liability in such kinds of concerns. This is easier to form than a corporation is. You can consult your legal advisor or business law firm.

3. It is better to register your business name:

You should register your business name with the state authorities. This gives it an identity and people get to know whom they are dealing with. In case you wish to form an LLC, it requires an automatic registration. However, in case you form a sole proprietorship or a partnership, you can ask your business lawyer to assist you in registering the name with the authorities.

This procedure ensures you legality to operate your business in your name. It can also ensure that no one else takes up this name in the future.

4. Do not forget to obtain a Federal ID Tax number:

Every individual in the United States has a Social Security number. Similarly, a tax ID number is necessary for every business entity. They also call it the Employer Identification Number. You can apply for a Tax ID number online with the IRS. Your legal advisor can assist you in this regard. This number is mandatory in case you wish to recruit any employees. This will ensure that you need not use your social security number for business transactions.

5. Opening a business bank account is mandatory:

You have completed your registration. You have also obtained your Tax ID number. You can now proceed with the opening of a business bank account in the name of the firm. You will be able to make and receive payments through this account. You need not use your personal account for official purposes. This can also be useful for tax calculations later on.

6. Obtain the requisite local permits:

You may have to obtain certain local permits depending upon the business you do. Your business law firm or your business lawyer will be able to guide you better in this regard. You may require local business licenses such as a sales tax license, health department permit and so on. You can also contact the local authorities or visit the necessary websites to learn more about obtaining the requisite permits and licenses.

7. Familiarize yourself with employer laws and responsibilities:

You will have to employ many persons in your firm. You should be fully aware of the employer laws as well as responsibilities. There are many legal obligations to observe while hiring employees. You may require knowing about pay roll administration, tax rules, waging per hour requirements and so on. You can consult your legal advisor about the same. Your business law firm will be able to explain to you the Occupational Safety and Health Administration (OSHA) regulations. You should be aware of your obligations before you go on with the job of recruiting people.

Ready to Set Up a Company in Qatar? Here Are the Steps!

Setting up a new company in Qatar, the world's most successful business arena is not as simple as one may think. Company formation requires a list of very important steps that cannot be avoided. For one that is unfamiliar with the market there, it can be challenging to say the least.

Many choose to hire a company consultant to help with company formation in this desirable market. Regardless, below are the steps listed out. Take a look and consider how a consultant can help.

Step One: Company Name

A completely unique company name must be chosen as the first step to company formation. If the name is already registered at the MBT or Ministry of Business and Trade it cannot be used. An in person visit to the Commercial Registration area of the MBT is required in order to do a search and then register the name.

Step Two: Open a Temporary Bank Account

Once a letter is obtained from the MBT, one can take this letter that is addressed to a bank in Qatar and open an account with the amount of capital approved by the MBT. There are no fees associated with this step.

Step Three: Approval for Articles of Association

The business owner must obtain approval for the Articles of Association. This also comes from the Ministry of Business and Trade. These meet the standards set forth by MBT and include the name of the company, home address, and objectives.

Further they contain the fixed term of duration, capital amount, any restrictions upon transfer of shares, shareholder names, capital structure, profit and loss distribution plans, and names of management. Company formation in Qatar depends on this step and the previous three, all of which take at least a day each.

Step Four: Deposit Required Capital

The business professional must then deposit the capital as set forth in the agreement at the bank they've opened the account with. The bank must give them a letter as proof that the deposit was made. The bank will need the letter from MBT listed in the second stop, and copies of the shareholders' ID's. This step can take up to a week.

Step Five: Obtain Other Necessary Documents

There may be several other documents necessary for commercial business registration. Tourism and engineering sectors require extra documents, as well as others. The Industrial Project Licence from the Ministry of Energy and Industry is necessary for all industrial businesses. These are just a few examples.

Step Six: Approval for Incorporation

These documents are obtained from the Ministry and are easily obtained by a law office. The Articles of Association are an example,this step can be skipped by establishments as it is not required.

The articles are then authenticated by the Ministry of Justice which should take no more than one day.

Step Eight: Commercial Registration

• There are a variety of documents needed for this step at the Commercial Registry of the MBT. The step takes at least a day. Owners will need:

• The application signed by the GM and owner for the company.

• ID card copies for the general manager, owners, shareholders and partners if any.

• The deposit bank letter from step four

• Receipt for proof of payment for review of Articles of Association from the MBT

• A signed declaration form by Qatari shareholder (if necessary)

• Approval of the new company's name

Company formation then depends on registration with the Qatari Chamber of Commerce and Industry. The fee for this is 560 QR to 5510 QR in 2015, or dependent upon the amount of capital and company objectives. The final steps include the company seal, trade license and signage license. So as anyone can see, this process will take at least two weeks. Obtaining a consultant in Qatar that is skilled in company formation can save anyone a huge headache.

Both international and local companies can get assistance and thrive with consulting services from DBC or Doha Business Consulting. They have extensive knowledge with the Qatari market and are excited to help companies identify problems and create a trade mission through innovative and cost effective solutions. They approach every challenge with confidence, knowing that they will make a difference in a company's success. With years of experience they can provide a business with the necessary resources to enter the market strongly and continue to grow. With a long list of current clients and more being added every day, any business can feel confident they'll see results when using their services

Set Up A Company in Cyprus

Cyprus is among the most significant business and investment centres in the EU and internationally. The considerable tax incentives together with the limited bureaucratic procedures attract entrepreneurs and investors from all over the world. Another major advantage of establishing a company in Cyprus is that the island maintains the financial privileges of a tax heaven destination while it follows all the relevant EU regulations. Furthermore, Cyprus benefits from all EU treaties, regulations, directives and freedom in capital movement as a full EU member-state.

The most popular choices of creating a company in Cyprus are tailor made and off the shelf company. A tailor made company is created from scratch. An off the shelf company refers to an existing company that has been adapted for particular purposes.

The main advantages of setting up a company in Cyprus:   

A business-friendly tax regime and double taxation agreement with more than 40 countries: Cyprus is a reliable jurisdiction and it is on the white list of OECD. Furthermore, Cyprus has adopted International Financial Reporting Standards (IFRS). As it has been mentioned before, Cyprus offers considerable tax incentives. The corporate tax rate in Cyprus is 12.5%, one of the lowest in the EU. Apart from the favourable tax regime, intercompany dividends are not imposed on any taxation. Moreover, when a Cyprus company allocates shares to subsidiaries or one of the associated companies there is no tax liability. Cyprus has established double taxation treaties with 45 countries. Double taxation agreements denote that taxes on capital gains, royalties, interests and dividends are not paid in some cases.   

Limited bureaucratic procedures: Incorporating a company in Cyprus is not complicated. Before proceeding with the incorporation process, the name of the company must be approved by the Registrar of Companies so that to ensure that there are no companies with a similar name.   

Open a bank account for a Cyprus company: Opening a bank account for a Cyprus company is not complicated and it can be done almost immediately. The presence of company's directors is not necessary. In case you want to open a bank account remotely then notarisation and legislation of documents of directors and shareholders of a Cyprus company are necessary.

Procedures and Documentation:

In Cyprus, a company is incorporated within approximately 10-18 business days. As it has been noted, the name of the company must be approved by the Registrar of Companies. This will take between 3- 6 business days. The following step is to register the company. The whole registration procedure will take between 5-8 business days. Note that in case the documents are not in English, then they should be translated, certified and apostilled.

NECESSARY DOCUMENTS:   

Each shareholder is obliged to submit a copy of his or her passport. Photographs, personal details and signatures must be visible.   

A document that indicates the residential address of each shareholder. Note that P.O. Boxes are not accepted as residential addresses.   

If the corporate body is a shareholder in the company, then it should be submitted a copy of the incorporation certificate and a copy of the certificate indicating the exact location of the company's registered office. An oversea company can be a shareholder.   

Following the Cyprus Law, the company needs minimum one Director and a Company Secretary. The directors can be either natural persons or corporate entities.   

Each officer of the company must submit the following documents: A copy of the passport. Photograph, personal details and signature must be visible. A document that indicates the residential address of each officer. As, it has been clarified before, P.O. Box addresses are not accepted as residential addresses.

The Directors must submit information about their professions. Moreover, the Directors should provide information whether they have been appointed as Directors in other companies. In this case, a simple "YES" or "NO" is enough.   

In case the officers of the company is another corporate entity, then each entity should submit a copy of the incorporation certificate and a copy of the certificate that indicates the exact location of company's premises.

Starting a Cleaning Service - Legal Structure

At this point you have decided to start a cleaning service, but you don't know what your business structure should be - a sole proprietor, partnership, LLC, or Corporation. The information is confusing, there is paperwork to be filed, and it costs a lot of money to get advise. Well, not really, I am here for you.

Most cleaning services start out as sole proprietorship. For some this works, but I strongly caution against this. Before I explain why, you need to know the differences between different structures.

Sole proprietorship is the simplest form of business that directly ties the owner to the same without providing any protection to his/her assets by being a different entity. Basically, the owner is solely responsible for all debt, benefits from all income, and the business is he or she for any legal purposes.

A corporation is an entity for itself and the owner becomes a shareholder of the same. In essence, this means that the corporation itself is liable without the owner being subject to any liability through his personal assets. The actions and debts of the business are all on the business and therefore do not affect owners private assets. Special taxation rules apply as well as both entities including the owner and the corporations have to pay separate taxes.

A Limited Liability Company (LLC) is a mix between the two. This legal structure is maintained by the states and not the federal government, so all income flows through to the owners, however, any liability is limited to the company only and owners personal assets and owners as an entity are protected.

For a cleaning service, I strongly recommend the LLC structure. You will work in expensive homes, offices with confidential information, and businesses with proprietary technologies and processes. If something happens due to your mistake or the mistake of your employees, you want to make sure your personal assets are protected and off-limits in case of a law suit.

Formation of an LLC can appear to be a daunting task, but services such as Legal

Zoom and others offer to complete the entire process for you for as little as $150. I would highly recommend using such a service as they do a great job at an affordable price and ensure that all is right. Please be aware that before you can form an LLC, you need to obtain a FEIN number from the IRS. Many websites will try to charge you upwards of $50 for this, but you can easily obtain this number online from the IRS online system in less than five minutes. As an alternative many states offer a free formation service online or free forms for you to complete yourself.

Once this step is completed, you will have the necessary paperwork to complete many other tasks such as opening a business checking account.