Copyright Infringement: All things on the Web are Not Free to Use

Copyright InfringementThe web is a great source of inspiration: you can find anything you need or you are interested in, from photos to information and advice, most of them for free. How you use them, however, is a completely different story.

While you may be tempted to download the images you like and simply post them on your blog or website or incorporate them in your presentations, doing it without permission would mean breaking the law and making yourself guilty of copyright infringement.

It is true that this will most likely not send you to prison, but it could bring about huge fines, and you surely have other expenses to cover from your already limited budget. Perhaps you hope you will not get caught, but, just as you found those materials, their owner or author can find you.

Copyright Infringement Basics

Copyright infringement involves violating creator or holder’s rights. Imagery infringement, for example, may include:

  • Using a whole image or part of it without permission;
  • Using that image for different purposes than those covered by permission or license;
  • Adapting images without permission;
  • Having an illustrator or photographer recreate images.

What are the penalties applied in cases of copyright infringement?

  • You will have to pay profits and damages that go anywhere between $200 and $150,000 per work infringed;
  • You will have to cover the fees of the attorneys and the costs of the court;
  • The court will most likely force you to end your infringing acts through an injunction.
  • The court may impound any illegal works.
  • You could go to jail.

Most of those involved in cases of copyright infringement work in marketing. The decision to use copyrighted material without permission often comes from above, and they just go with the flow, disregarding what getting caught could do to their reputation, finances and even freedom.

Just being aware of the infringement makes one guilty. If you find that difficult to believe, here is what the law states when it comes to parties considered responsible:

  • The person who found and stole the image, even when it was unintentional;
  • Anyone participating in the original infringement;
  • Anyone publishing, aware or unaware, the image being infringed.
  • Anyone authorizing or encouraging infringement.

What alternative do you have? Whenever you need images or ideas for a website or some other materials you are designing or promoting, focus on stock image houses or websites, on materials that are free or cheap and safe to use.

The whole thing may take a little more time and some money, but the risks you eliminate by doing so are worth it. It is your career, your savings or even your own freedom on the line, so why jeopardize any of them using copyrighted images and breaking the law, when there are so many alternatives out there?

If, however, it is too late, and you are already guilty of copyright infringement, your best bet is to stop any infringement acts and consult a copyright infringement attorney that specializes in such cases. It is always better to be safe than sorry!

What to Keep in mind When Filing for Defamation Damages

Everyday, defamation is encountered by many individuals. But instead of defending themselves, they would rather overlook it as if nothing happened in order to avoid trouble. They feel that it is better to just ignore it to avoid it from getting worse. Such problem won t be solved through doing this.

Defamation happens when the reputation of someone, organization, or a business brand becomes damaged because of another party s doing. The affected party can choose to file a lawsuit for the defamation damages acquired. He or she can either file for libel or slander.

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Libel case can be filed if a person has been harassed through written words like false allegations published on the web. Slander is submitted if the defamation was carried out by spreading malicious rumors about you. But of course, before you file for slander or libel, you should think about a number of important factors including the processing of documents. It is necessary for you to know that only complainants having value on their name will be offered with approval for a defamation claim.

Of course, the complainant must prove that damages or loss were acquired due to the false claims and malicious rumors being spread. Once it is proven, the court will provide its approval and court proceedings would then start. Now, if the accused is proven guilty of defamation, charges will be imposed and will pay for the defamation damages.

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If the defendant could provide strong evidences that could support his or her claims, then the plaintiff cannot file for chargers. In addition, a charge cannot be filed if no one believes the false rumors being spread. Unless the plaintiff could prove that the malicious claims were false and has caused damages, no charges could be made.

In addition, there are other defenses the defendant can use against a defamation charge. Another example is whether the defamatory action or statement was communication. If the defendant merely wrote something on his or her email without spreading or sending it to others, then there will be no charge.

These are the reasons why you need to look at both sides before filing a law suit, and ask for settlement for the defamation damages you have dealt with. It is also wise to ask help from a competent lawyer so that you will be guided properly.

It is also best if you choose a lawyer who specializes defamation cases. Remember, you should know what potential defenses the defendant are going to use so you can prepare an effective counterattack. Only an experienced defamation lawyer knows how to work past these defenses. Moreover, you need to calculate defamation damages in order to get the right compensation for your losses.

If you experience any form of defamation recently, may it be written or spoken, it would be best to seek the assistance of a legal representative particularly if you already had great losses because of it. Be sure to clarify everything that confuses you by asking your lawyer.

Intellectual Property Valuation: Allowing Entities to Gain Income from Their Innovations

Companies protect their intellectual properties because it keeps them on the lead in a greatly aggressive industry. It is also essential for businesses to extract the value of intellectual properties so they would know how to make their innovations financially advantageous. However, it is not easy to allocate a monetary value to an intangible asset like the intellectual property. A consulting firm is often appointed by companies to carry out an intellectual property valuation, to make certain everything is done correctly.intellectual property valuation

In order to get the right value, the valuation analysts need to search for information regarding the invention first. Through the information they gathered, they will be able to come up with a financial model that will help ascertain the fundamental value of the intellectual property. There are different methods to valuate an intellectual property, but the one that most of the analysts use is the economic analysis method. There are three different approaches for economic analysis valuation which include cost, market, and income.intellectual property valuation techniques

When the cost method is used, the value of the intellectual property will be based on the cost of development as well as the value that will be utilized when recreating it. The income approach is utilized to set a value to an intellectual property based on its capacity to maximize revenues in the future and/or its ability help the company in decreasing cost. On the other side, the market-based approach can solely be utilized if there is already a pre-existing and active market for the IP.

In case of bankruptcy, merger, or acquisition, the deal would always consist of the intellectual properties and all the other intangible assets. The book of the entity should show the value of their intellectual property during financial transaction that is why an intellectual property valuation should be made upfront. They can also utilize this for tax planning, collateralization, and as back up in case they got involved in litigations.

An extensive awareness on intellectual property laws and economy is a must when finding an analyst. Valuation analysts should also make certain that they know the business that the intellectual property owner is in. It will be simpler for them to ascertain the elements that affect the intellectual property s value.

Analysts who are working in trusted consulting firms carry out intellectual property valuation precisely because they have an extensive experience. It is their task to make sure that violation will be stopped in order to avoid any damages. Disagreements related to intellectual properties should be prevented. If the sole solution available is litigation, then it is necessary that an intellectual property lawyer examine the case. They will also offer their clients with all the data they need to make an intelligent decision.

Entities value their intellectual property because it can help them in numerous ways. It can give them more reputation and revenues if utilized properly. An intellectual property lawyer already knows how to use the laws efficiently to secure the intellectual property of the company. This is the reason why business people only select a lawyer that has an intensive knowledge, skills, and experience in the field. It will make certain that the lawyer is able to do the needed job.

Copyright Infringement Damages: How To Protect What Is Yours

copyright infringement statute of limitationsOne of the growing problems ever since the mid-90s is copyright infringement. Artists, authors, musicians, and creators of original works strive to do their best in giving the protection that their copyrighted works require from harmful piracy from third party users. Filing for a lawsuit for copyright infringement is recommended if you discovered that somebody utilized your work without authorization from you.

With that, there are things you need to bear in mind before you proceed in submitting a lawsuit. For one, you must show an evidence that you own the product involved. You must have a supporting document or any kind of proof that can assist show that the defendant copied your work as well. Registering your work beforehand is needed for you to file a lawsuit although it is not really needed when you sue for copyright infringement.

It?s hard to prove a copied work, however, circumstantial evidence can be helpful. The exclusive rights of a person is said to be infringed when someone else access his work and duplicated every details of it. The court will decide with regards to questioning the act of infringement and not the copyright office.

A complaintant is entitled to several remedies if copyright infringement is proven in a case. There are two forms of Copyright Infringement Damages, it includes Statutory Damages and Actual Damages. Although all creative works are given protection by the law; however, higher protection is given to registered works. As such, the computation of potential damages will rely on the type of the case.

If your copyrighted work has been registered before infringement, you can submit for Actual Damages or Statutory Damages. Meanwhile, you are only entitled to make claims for Actual Damages as a result of infringement for an unregistered work.

copyright infringement laws

Statutory Damages can simply be calculated and is higher compared to Actual Damages. This is the explanation why a whole lot of claimants select this in their copyright infringement cases. The law already placed the amount of damages; overlooking the specific damages that a complaintant has endured. There are some things that must be taken into account first with regards to the amount of damages awarded to the complaintant. On the other hand, Actual Damages will give the claimant his or her rights to the proven economic loss that he/she sustained as well as claim the earnings obtained by the infringer from copyrighted infringement. However, showing the amount of Actual Damages to the court is important for the complaintant to be certified for the claim, and most of the time it?s hard to do.

Understanding the basic of computing damages for copyright infringement is not easy as 1, 2, and 3. Figuring out a person?s right under the copyright law will touch so many things. In that sense, when you observe that your work is being infringed, it is better to demand a lawyer. A competent lawyer in this field can help you figure out the best plan of action for Copyright Infringement Damages circumstance. With your legal professional by your side, proper analysis for your case is anticipated. You will also acquire a better understanding of the strength of your case, which is necessary in determining on what legal technique to take.

If you want to dig a little deeper, here is some great information from the US government about copyright infringement.