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Federal Copyright law gives authors, artists, etc. the exclusive right to make and sell copies of their work as well as the right to publicly display their works. Usually these exclusive rights come with a time limit, expiring 70 years after the artist's death. Copyright is automatic once it has been fixed, meaning that once it has been embodied in a tangible form or medium.
The Copyright Act of 1976 grants exclusive rights to copyright owners, which include:
Copyrighting your work permits you to sue someone who uses or infringes on your work. If someone violates the rights of a copyright owner, the copyright owner is entitled to file a federal lawsuit that can include the issuing or orders (restraining orders or injunctions) to prevent further copyright violations, awarding of money damaged if and when appropriate, and awarding attorney fees.
Common Legal Defenses For Copyright Infringement:
Trademarks are used to identify goods and services and to distinguish them from the competition. Trademark law is the legal rules by which businesses protect their distinguishing names, logos, etc. that identify their products and services. In order to acquire trademark rights, you cannot simply create a logo or slogan but must use the trademark in commerce.
Patents allow those who create inventions to prevent others from making commercial use of those inventions without explicit permission from the creator.
The Types of Inventions That Can Be Patented
Copyrights protect expressive arts, including novels, fine arts, graphic arts, music, photography, software, video, cinema, and choreography. Copyrights are basically what keep one artist from stealing another artist's creative work.
Patents are associated with processes that are useful in the real world, and while it is possible to get a patent on technologies that are used in the arts, copyrights are really what prevent artists from stealing other artist's work.
However, copyright law and patent law overlap in the realm of the ornamental design of products. For example, a guitar is both functional (patent law) and has a pleasing visual appearance (copyright law).
While patents allow those who create inventions to prevent others from making commercial use of that invention without permission, trademarks are not concerned with how technology is used. Trademarks protect the names of products, services, logos, and other devices (color, sound, smell) that are used to distinguish them from the competition. There usually is no overlap between patent laws and trademark laws, however it is possible to obtain a design patent on an ornamental aspect of a device. For example, the distinct shape of a surfboard could potentially be patented for its design and trademarked to protect its appearance.
A credit report, also known as a credit history, includes information on an individual's or company's financial borrowing and repaying history. This includes any late payments and bankruptcy filings. Credit report / credit history information is held at a credit bureau and is used by lenders (ex: credit card companies) to determine an individual's credit worthiness. Credit worthiness is an individual's track record of debt repayments and takes into consideration one's willingness to repay a debt and the timeliness of past payments. There are three nationwide credit bureaus: Equifax, Experian, and TransUnion. Each of these credit bureaus collects financial data from employers, creditors, public records, and landlords.
Your Credit Report Includes the Following Information:
Negative, or derogatory, information usually stays on your credit report for 7 years, including foreclosure and student loan information. Bankruptcies can appear on your credit report for 10 years and unpaid tax liens can remain on your credit report for up to 15 years. Inquiries from potential creditors stay on your credit report for 2 years, and too many inquiries can be viewed as negative. Even derogatory information more than 7 years old can appear in a report for a job that pays $75,000 or more annually if you apply for a loan or life insurance.
It's important to note that credit reports do not include information including race, color, religion, gender, assets, or occupation. Personal information regarding medical conditions is also not included on credit reports, however unpaid medical bills or medical payments can be disclosed.
35% Payment History (this includes bankruptcy)
30% Outstanding Debt
15% Length of Credit History
10% New Credit
10% Types of Credit in Use
Credit scores, or FICO scores, range from 300 - 850.
The Fair Credit Reporting Act (FCRA) is a federal law that was designed to protect the integrity and privacy of individual credit information. The FCRA imposes rules on how credit reporting agencies can report individual information. Our experienced lawyers can help advise you on what do do if a CRA or a creditor violates your rights under the FCRA.
Defective or dangerous products cause thousands of injuries every year in the United States, and product liability law differs from ordinary injury law. A defective product is the characteristic of any product having a defect that hinders its usability for the purpose for which it was designed and manufactured. Products liability refers to the liability of any or all parties involved in the chain of manufacture of any product for damage caused by such product. Product liability claims can be based on negligence, strict liability, or breach of warranty. Products liability is usually considered a strict liability offense, meaning that it is irrelevant how much care was provided by the manufacturer or supplier; if the product has a defect that causes harm, the manufacturer and supplier are liable for it. If you have been injured or suffered damages due to a product you used, you may have a defective product liability claim. Every state has virtually the same laws when it comes to defective product liability claims and require both proof that the product was defective and that it was the defective product that directly caused the injury. These defective product liability claims fall into 3 categories:
Depending on your case, it might be in your best interest to retain an experienced product liability lawyer or personal injury attorney.
When you purchase a product, you have certain established rights as a consumer. The most basic of these rights is the right to be safe while using the product. When companies (manufacturers) fail to fulfill their obligation to design and manufacture safe products and their product in turn causes injury, you may have a defective product liability case. When establishing a product liability claim it is best to prepare your case by estimating your damages up front and verifying that you have proof of the following 4 elements:
If your defective product liability claim involves a vehicle that you purchased, it may be a lemon law claim. A lemon law may mandate that if you have a car with a defect, you will automatically get a replacement car. Or, a lemon law can mandate that the manufacturer acknowledge the defect and take the appropriate steps towards compensation.
An experienced product injury / product liability attorney can help you to evaluate your case and ensure that your legal rights are fully assessed and protected. A product liability attorney will take action on your behalf and can explain to you when to expect each step of the way throughout your case. If you have been hurt by a poorly designed or defective manufacturer product and think you might be in need of a product liability attorney, please contact us today and our experienced lawyers can guide you.
Discrimination Legal Aid
Disputes with Neighbors
Loan Modification and Foreclosure Legal Aid
Medical Malpractice Cases
Power of Attorney
Sexual Harassment Law
Social Security Disability
If you are struggling with a lot of debt you might be able to work with creditors and / or debt collectors to make your situation more manageable. This process is known as debt settlement, or debt negotiation. You can negotiate lower payments or potentially reduce the overall amount that you owe if you pay a lump sum up front.
Indications of Excessive Credit Card Debt:
Debt is a common problem and can cause a lot of stress. If you get served with a debt collection lawsuit, do not panic, as help is available. Our expert debt relief lawyers can help you with debt settlements in a compassionate and timely manner. If you need legal advice on foreclosure or are looking to file for bankruptcy, we can help with that too.
If you have trouble paying your car loan or car lease, it is best practice to try and work something out with the lender. If you have difficulty managing high medical bills or high credit card balances, you may be able to negotiate a settlement. You need to be wary of debt elimination schemes and debt consolidation scams, which is something that our experienced lawyers can help you with.
A criminal charge is a formal accusation asserting that someone has committed a crime. Criminal charges are made formal by a government authority. To start a criminal case in court you need a charging document, which can take the form of a complaint, information, an indictment, a police citation, and / or a traffic ticket. Most often, the charging document is a police arrest report and that report is given to the prosecutor who decides what (if any) charges to file. Prosecutors are able to file charges on all of the crimes for which the police arrested the suspect for, or they can file charges either more or less severe than the charges cited by police. The next step is a preliminary hearing, which can take place more than a month after the initial arrest of the suspect.
The punishments for criminal charges can vary greatly, from minor criminal charges (misdemeanors) to more serious criminal charges (felonies). The process to determine the punishment for a criminal charge that is a felony is much lengthier than the process to determine the punishment for a misdemeanor.
Anyone facing criminal charges in the United States have basic Constitutional rights, known as the Miranda Rights. The Miranda Rights are read aloud to anyone facing criminal charges and include habeas corpus, the right to remain silent, and the right to an attorney.
An individual facing a criminal charge (or charges) will always be prosecuted in the state in which they committed the criminal charge. Minor violations, such as parking tickets or speeding tickets, are not prosecuted too harshly, however misdemeanors and felonies are considered serious charges and range from shoplifting to murder.