How To Avoid Copyright Infringement

Copyright infringement is not an easy thing to explain. While it may seem as simple as not using someone else’s work, it’s not that easy. Thanks to the Electronic Frontier Foundation, and many other organizations, we have the ability to use others’ works -- as long as we use it under Fair Use laws. So what does Fair Use have to do with copyright infringement, and how can you utilize it?

Fair Use laws allow us to use a copyrighted work without having to pay someone royalties. This includes using a copyrighted work for educational or instructional uses, criticism of the work, commentaries on the work, news reporting about the work, teaching on the work (including multiple copies for classroom use), scholarship uses, and research. This is talked about fully in Section 107 of the Copyright Code (commonly called Fair Use) and is available for you to read at your local library.

Copyright Infringement in day-to-day life

Sometimes, if you’re writing a paper for work or school, or if you are creating a Power Point presentation, you need to use someone’s work that is already in copyright. So how do you use it without committing copyright infringement? All you have to do is ask -- the worst they can say is no, right? But, if they do say no, there are several items in the public domain which may help you to finish your project without having to commit copyright infringement.

What is the public domain, and how does it relate to copyright infringement?

Material that is not copyrighted is considered in the public domain. You cannot commit copyright infringement on works in the public domain. These works include things that the copyright has expired on, or is not copyrightable -- such as government publications, jokes, titles, and ideas. Some creators (writers, musicians, artists, and more) deliberately put their work in the public domain, without ever obtaining copyright, by providing an affiliation with Creative Commons. Creative Commons allows people who create materials to forfeit some, or all, of their copyright rights and place their work either partially or fully in the public domain.

So, how do I ensure I’m not committing copyright infringement?

First of all, if you’re going to use someone else’s material, you may want to check the public domain to see if something is suitable for use, instead of trying to use someone else’s copyright. However, if you can’t find something suitable (and you can’t create something yourself), the next best thing (and your only legal course of action) is to find a piece that is in copyright, and contacting the copyright holder.

When you contact the copyright holder, make sure you tell them what you want to use their piece for -- whether it’s for your blog, podcast, or report -- and ask if you can use it. You may have to pay royalties, or an attribution in your piece, or a combination of both. The creator may also place many limitations on when and how you can use their material. Follow all these instructions they give you, and you’ll be free and clear to use their work as you want.

Once you have permission to use a copyrighted work, you need to make sure you stay within the agreed-upon boundaries. If you veer outside their agreed terms, you may open yourself up for a copyright infringement lawsuit, which can be nasty, costly, and time consuming. If you’re in doubt, before contacting the copyright holder, contact a copyright lawyer to ensure you’re following the law -- and protect yourself!

QUESTION: If you hear a great new band, and then download a song from MySpace, is that legal or not?

ANSWER: The events of copyright infringement are not only limited by Kazaa, Morpheus, or some other file sharing peer to peer (P2P) service. If you download a song -- no matter if you’re on a website or a MySpace page -- and it isn’t coming from the artist themselves, you may want to think about downloading it. Chances are, if it’s not coming from them, you can’t have it -- unless it is under a Creative Commons License. Creative Commons gives the exact ways in which you can use the license -- and many times those are completely free and legal to download, so make sure you check if it’s under a CC License.

QUESTION: If I’m writing a paper, or article, and I want to quote another website, can I?

ANSWER: First of all, did you know the minute you write or create something, you hold the copyright to it? ESPECIALLY if you’re writing it online -- it’s very easy to track things on the Internet. So, if you’re writing a blog, all the things you’ve written (no matter good or bad) are recorded, thanks to Archive.org, which lets you review last versions of your web pages.

Sometimes, we can use someone else’s work in our own, and think we’re small and anonymous. That no one will notice by the time you get it down -- you’re just “borrowing” it. Before you begin quoting anyone’s website -- from CNN to your local neighborhood hardware store -- you need to ask the person who holds the copyright if you can. Usually, they’ll let you if you attribute to them. Depending who you talk to, you’ll either have to pay royalties or license rights to republish. If you don’t ask before you quote, you’re beginning the events of copyright infringement and you are opening yourself up for a lawsuit.

About The Author

Richard Cunningham is a freelance journalist who covers copyright law for http://www.ResearchCopyright.com. Download his free e-book, "Copyright Basics" at http://ResearchCopyright.com.

Move Ahead In Life With a New York Personal Injury Lawyer

Life is very much unpredictable. No one knows what is in store for him or her. We all take life as it comes. We do make plans but as the famous saying goes “man proposes God disposes”, it seems like we never get to materialize what we plan. In fact we tend to move along the path that has been already set for us by some unforeseen force. As we enter a new day we face some or the other surprise, and these surprises, like the very path of life, is at times good and at times dreadful. At times these dreadful incidents come in the form of serious accidents. Accidents can be a result of various things like our carelessness or because of the carelessness of somebody else. When we face an accident that is caused by somebody else, like an individual or an organization, the best person whom we can approach for help is a New York personal injury lawyer. A New York personal injury lawyer is one person who can be of tremendous help to any person who has become a victim of such an accident case which involves some other person or an organization.

Whether it is a physical injury or a mental injury that has been a result of an accident, takes a lot of time to get healed. Well in a case when an injury has been caused by some other person the victim and his family have full liberty to sue and file a legal case against the person or the organization that is responsible for the accident. In such a case a New York personal injury lawyer is the best person who can be consulted. The best part with a New York personal lawyer is that he can give a moral as well as legal support to the victim and his peers and it is the New York personal injury lawyer who can give an assurance of justice to the victim and his family.

But there are certain facts that need to be checked upon before one decides to hire a New York personal injury lawyer to fight a case on their behalf. The facts and the details are very much simple and they include a thorough check up of the profile of the New York personal injury lawyer and see the cases that have been successfully dealt by him. Moreover the consultation fees and the mode of payment and various other minute details should also be checked out before the hiring is done. Once these formalities are over the victim and his family members can easily hire a New York personal injury lawyer who can give them full support.

As this is a legal case the New York personal injury lawyer needs to study all the details of the case and here the victim has to speak out everything related to the accident or the injury. The New York personal injury lawyer can prove to be a big support as he helps the victim get full justice and moreover gives him a moral support that helps the victim forget the dreadful accident and move ahead in life with a positive approach.

About The Author

Hadiya Robins is a legal expert. She gives advice to clients who are looking for Highest rated personal injury lawyer,New York personal injury lawyer. For legal advice and to get services of a Lawyer in New York visit http://www.pulversthompson.com

Construction Mortgage vs. Mechanic’s Lien: Win, Lose or Draw?

Recently, I met with a commercial lender who mentioned a problem with one of his projects. Construction had started, but the developer hadn’t closed the construction loan. Thus the lender’s mortgage hadn’t been recorded, but likely would be soon. He wondered how the delay might affect the priority of his bank’s mortgage lien. Attorneys representing secured lenders in commercial foreclosure cases, or contractors in mechanic’s lien actions, should be conversant with Indiana law in this area.

1910: A Draw. The Indiana Supreme Court’s 1910 decision in Ward v. Yarnelle, 91 N.E.7 (Ind. 1910) is the landmark opinion on this subject. At the time, Indiana’s mechanic’s lien statute “failed to address the lien priority between a [construction mortgage] and the mechanic’s liens of those who [completed] the construction.” In Re Venture, 139 B.R. 890, 895 (N.D. Ind. 1990) (excellent summary of the law). The Court therefore announced the equitable “doctrine of parity” in which a “real estate mortgage executed while a building was in the process of construction was entitled to equal priority with the claims of [contractors that] worked after [recordation] of the mortgage and with full knowledge of its purpose and effect.” Beneficial Finance v. Wegmiller Bender, 402 N.E.2d 41, 47 (Ind. Ct. App. 1980) (no parity because contractor completed its work before lender recorded its mortgage); Brenneman Mechanical v. First Nat. Bank, 495 N.E.2d 233, 242 (Ind. Ct. App. 1986) (parity because contractors had knowledge of loan, which helped pay them).

Whether the contractor had knowledge of the construction mortgage was critical to the Ward analysis. In such instances, the Court felt that lenders and contractors were in a kind of “common enterprise.” Ward, 91 N.E. at 15. Under Ward, if funds derived from the mortgage were used in the construction project and if the contractors had knowledge of the loan when they performed their work, then the mortgage and the mechanic’s lien had equal priority. Conversely, if the loan was not for purposes of construction or if the contractors worked without knowledge of the purpose of the loan, then the mortgage had priority over mechanic’s liens for work performed after recordation of the mortgage. Venture, 139 B.R. at 896

1999: Statutory Amendments. I.C. §32-28-3-5 is the pivotal statute. Subsection (b) provides that a mechanic’s lien is “created” when the lien notice is recorded. But the recorded lien relates back to the date the work began, which could pre-date a mortgage. In 1999, the General Assembly added the language now in subsection (d) that says construction mortgages have priority over mechanic’s liens if the mortgage is recorded before the notice of mechanic’s lien is recorded (not created). My reading is that subsection (d) disposes of Ward’s doctrine of parity, at least as to commercial and industrial projects. (Note that section 5(d)(1)-(3) has carve-outs for certain residential and utility projects.) Accordingly, courts should focus on relative filing dates, and not on work dates or contractor knowledge.

Post-1999: One Case. The meaning of section 5(d) has not been tested on appeal, however, and I.C. §32-28-3-2(b)(2) priority, which favors contractors, may to some extent conflict with section 5(d) priority, which favors lenders. For more on this subtlety, read section 2(b), as well as Provident Bank v. Tri-County Southside, 804 N.E.2d 161, reh’g granted, 806 N.E.2d 802 (Ind. Ct. App. 2004), which gives some insight into the potential inconsistency. (Provident Bank also has an amusing result. The opinion dealt with a contractor’s improvement [installation of a driveway] at a residence long after a purchase money mortgage had been recorded. Believe it or not, the majority held that the contractor’s statutory remedy was to remove and sell the driveway.) Anyway, in the dissenting opinion, Judge Sharpnack toyed with Ward and the new I.C. §32-28-3-5. “In 1999, our legislature amended I.C. §32-28-3-5 and specifically addressed the situation before our supreme court in Ward and again discussed by the bankruptcy court in Venture.” Id. at 168. Judge Sharpnack concluded in dicta that I.C. §32-28-3-5(d) applies “where funds from the loan secured by the mortgage are for the project which gave rise to the mechanic’s lien. In such an instance, the mortgage lien has priority over the mechanic’s liens recorded after the mortgage.” Id. at 169

2007: Lender Wins. At least as to a standard commercial project, therefore, the Ward doctrine of parity seems to be a thing of the past. The lender, in the scenario presented to me, shouldn’t be forced to share equally with any contractors that started construction before the developer closed the deal. Instead, the lender should hold a superior lien, assuming the lender records its mortgage before a contractor records a notice of mechanic’s lien. In other words, if the project goes south, the lender should get paid first. Please e-mail me if you know of any recent trial court or unpublished appellate court opinions touching on the 1999 amendments or the doctrine of parity. Because it’s been almost 100 years since Ward, perhaps we’re due for another landmark opinion from our Supreme Court. As the law evolves, I’ll provide updates on my blog.

About The Author

John D. Waller is a partner at the Indianapolis law firm of Wooden & McLaughlin LLP. He publishes the blog Indiana Commercial Foreclosure Law at http://commercialforeclosureblog.typepad.com. John’s phone number is 317-639-6151, and his e-mail address is jwaller@woodmclaw.com.

Mesothelioma Lawyers Helping The Mesothelioma Victims

Mesothelioma lawyers are legal experts specializing in lawsuits for compensation to mesothelioma victims. Among the many forms of cancer, Mesothelioma is a rare manifestation that attacks the linings of the internal organs. Mesothelioma has a 100% mortality rate and occurs in people exposed to poisonous dust particles emanating from asbestos or related products. Victims of such exposure can hope to be compensated by approaching specialized legal professionals, aptly called mesothelioma lawyers.

Mesothelioma lawyers: A Helping Hand:

Victims of asbestos poisoning can approach mesothelioma lawyers if they want to take legal action against the company or individual responsible for their condition. In fact, many such victims have won lawsuits and financial compensation running into millions of dollars. In some cases, the money recovered has sustained a family for years even after the death of the victim. Mesothelioma lawyers also help to obtain disability benefits and workers compensation for those affected with the disease.

If the exposure to asbestos poisoning was caused by the accused party’s negligence even years ago, a mesothelioma lawyer can still fight for compensation, which might have been denied years ago. Lawyers fighting for asbestos related lawsuits argue the cases as product liability claims under the theories of negligence and strict liability. Generally, a lawsuit is filed against the company, where the victim was employed. Because every affected employee has a unique work history, the attorney must dedicate sufficient time and attention to investigate each case in detail.

Fee Structure of Mesothelioma Lawyers:

Mesothelioma lawyers charge their clients only after the successful completion of a case. This fee plan is called a contingent fee plan wherein a percentage of the compensation received goes to the lawyer as the fee and the lawyers do not charge a fee if the victim does not get a compensation. Normally the lawyers first identify the offending party, and then file the lawsuit in the state where the laws are more pro-employees. This increases the chances of securing a positive verdict. However, in cases of companies are granted immunity under bankruptcy laws, mesothelioma lawyers are there again to assist in arranging out of court settlements.

About the author:
Kirsten Hawkins is a asbestos and mesothelioma specialist from Nashville, TN. Visit http://www.asbestosblog.org/for information on asbestos reform, mesothelioma lawsuit news, and more.

Examining the Value of Auto Accident Lawyers

Through the year, the automobile has helped us experience greater mobility and higher productivity. However, despite the fact that the automobile has become an important part of our everyday living, it has its own way of getting its payback for the good life that it brings us. I am speaking here about the various automobile accidents that happen in our busy streets everyday. At present, auto accidents are responsible for lots of deaths especially of innocent pedestrians.

When you or your loved ones have been involved in an auto accident and suffered various injuries or even death, you can avail the services of an auto accident lawyer. An auto accident lawyer can be found anywhere in the community. He specializes in auto-related injuries and knows everything about the various laws on national roadways and other relevant matters. The question now is – what’s the best way to locate the most credible and experienced auto accident lawyer?

Basically, there are lots of ways to find the auto accident lawyer that you need. First, there are lots of online lawyer referral services that can recommend competent legal counsels. You can also ask for the recommendations from your friends, relatives or officemates who have gone through auto accident claims. You can also ask a non-injury lawyer if he knows an auto accident lawyer whom he trusts. You can try all these methods in searching for the perfect lawyer for your auto accident case.

When you finally have a list of possible auto accident lawyers to assist you in your claim, you can now set an appointment with them for consultation. Most of these lawyers offer this type of consultation for free. Through this, you will be able to get to know the lawyer and he can also make the proper assessment on your case. Take note that it is important for you to be able to get along with your lawyer well to assure you of a successful legal battle. Having full trust between the lawyer and the client’s part is very important.

In addition, being comfortable with the auto accident lawyer is also a benefit for both parties. After all, auto accident injury claims can really become a big headache. You have to go though lots of paperwork to file and a lot of protocol to follow before getting the compensation that you dream of. Whether the auto accident is minor or serious, you’ll definitely need legal assistance from an auto accident lawyer to help you understand your legal rights and options.


About the author:
For comments and questions about the article, you may visit http://www.mesrianilaw.com

Tips on Selecting the Right Personal Injury or Car Accident Lawyer

If you are in a car accident and suffer an injury, you should consult with an attorney. Although most people would like to do the right thing and compensate your for your injury, it is rarely up to the person which caused the injury. In fact, it will more than likely be at the discretion of the other person's insurance company. In addition, as we all know, insurance companies will do everything in their power not to offer compensation for your injury or offer a settlement to you way below what you would receive if you had hired a lawyer. If you did not know, insurance companies profitfrom this type of under compensation.

An experienced car accident or personal injury lawyer will know how to negotiate with the insurance company, build your case, and take your case to trial if necessary. It is not advisable for you to meet personally with the insurance company without your lawyer present. Insurance companies will do everything they can to take advantage of you and will obtain statements from you that could jeopardize your case if you should decide to sue.

Find the right lawyer can be a time consuming and challenging task. Usually people begin their search when they are in need of one immediately. A lawyer should be selected for their expertise and experience in car accident cases. The right lawyer will have experience in cases such as yours and will be able to take action immediately. The right lawyer will know what to do immediately without having to ¡°research your case¡± or check court decisions, as he/she should be familiar with your type of case. Selecting the right lawyer will save you time and money in the long run.

Begin your search for your lawyer as soon as possible. A critical deadline called ¡°statue of limitations¡± and other deadlines may give you a limited amount of time to take legal action. Do no rely on advice from friends and family in choosing your lawyer, doing so will limit your search for the ¡°right lawyer¡±. However, if a family member or friend can recommend a lawyer that has work experiences in a case similar to yours, then act on their recommendation and make the appointment to meet him or her.

The most important factor in selecting your lawyer is that you are comfortable speaking with him or her and that you feel that a working relationship can develop. A good working relationship and communication can be a vital key to the success of your case.

About the author:
For more information, visit these sites: http://www.caraccidentlawyerinfocenter.com
http://www.personalinjuryattorneyinfocenter.com
http://www.personalinjurylawyerinfocenter.com

Mesothelioma Lawyer: Getting The Best For You

If you are reading this article, the chances are that either you or a loved one is in search of a Mesothelioma lawyer. Herein our aim is to give you some confidence building guidelines so that your task becomes easy and you are more informed on different aspects for selecting a mesothelioma lawyer.

Important issues to consider while choosing a Mesothelioma lawyer

The first and most important qualification to look for in your mesothelioma lawyer is experience. You need a tough Mesothelioma lawyer that is accomplished at pushing forth, convincing arguments through the judicial system so that you can be adequately represented and compensated. It might be prudent to check how many similar cases this Mesothelioma lawyer has previously handled and what were the outcomes of these cases.

Next, get a feel of the lawyer’s ability to understand, empathize and recount your story. Mesothelioma lawyers have to be very convincing in proving to the courts beyond a shadow of doubt that your work related asbestos exposure is responsible for your physical, mental and financial plight.

You will need to provide your Mesothelioma lawyer with facts such as employee records to show evidence of your asbestos exposure, scientific and medical evidence of your cancer diagnosis (such as x-rays and pathology reports) to substantiate your case.

Another very important consideration is the cost. Remember, costs are not necessarily a yardstick of quality. Our advice is to carefully balance the experience of the Mesothelioma lawyer with the affordability of the fees. If costs are an issue, you could look at some ways to save. You could ask for a junior mesothelioma lawyer or paralegal for the routine tasks, or even consider doing some of the work yourself.

Ask your lawyer to give you an outline of the whole process of how the case will roll out. Understand clearly, what will be your role and responsibilities in the legal process. You should be completely focused on your purpose of retribution. Some mesothelioma lawyers also work on a contingent fee basis wherein they receive a part of the compensation as the fee and do not charge any fee if you do not get any compensation.

About the author:
Kirsten Hawkins is a asbestos and mesothelioma specialist from Nashville, TN. Visit http://www.asbestosblog.org/for information on asbestos reform, mesothelioma lawsuit news, and more.