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December 2021

Lawyer

Debunking Eight Common Misconceptions About Copyrights

With a plethora of information and images floating around on the internet, it can be hard to determine what content is free to use and what content you need permission from the creator to use. Obtaining this permission is important because without it, taking an individual’s work without their consent is considered copyright infringement. There are many misconceptions when it comes to copyright infringement and what qualifies as protected content.

What exactly is copyright infringement? Copyright infringement is when an individual or a company uses an image or writing for profit without the permission of that work’s owner. Committing copyright infringement can potentially lead to the owner taking legal action against you or your company.

Because there are many misconceptions about copyrighting, we are here to help you identify the most common ones. We will aid in teaching you the laws and rights you have as a content creator and how to avoid copyright infringement. In doing so, we can help you or your company avoid potential infringement.

1. If there is no copyright notice, I can claim the work as my own.

A piece of work is not required to have a symbol or statement expressing copyright status to be protected from copyright infringement. While including one does help with identifying the work is owned, it is not mandatory.

A copyright notice ensures that an image, text, or design, is owned by a person or company. A notice is usually visible when a copyright symbol appears somewhere on the page.

However, even if there is no clear statement or notice, it does not mean the work is available to use as your own. This statement is also true for personal work. Even if you do not include a copyright notice, your writing or photo is still protected against theft.

2. It is difficult to officially copyright my work.

Copyrighting your work is a simple task that provides added protection to your content. Including the word “copyright” or an icon is an easy way to make other people aware the work is owned by someone else. This added layer of protection provides:

  • The right to have written permission to use your copyrighted material
  • The right to have your work protected from adaptation
  • The right to display art
  • The right to sell your work

Although it is not necessary to copyright your work to protect it, it is still a good idea to take this precaution. If your work is used without your permission, it is easier to file a complaint. By registering your work with the Copyright Office, it creates a public record. Having a public record of your work will give you a greater chance of seeking any damages you may be owed.

3. I do not know what can or should be copyrighted, so I should not bother to copyright it.

The moment something is created and concrete, it is automatically copyrighted. This pertains to work that does not have a copyright notice as well.

There are many channels of work that are eligible for copyright. The most crucial part of creating copyrightable content is making sure the work is original.

Some of the most common copyrighted works are:

  • Music
  • Literary works
  • Logos
  • Movies
  • Scripts
  • Photographs

It is important to note that you cannot copyright ideas, procedures, or discoveries. For something to be eligible to be copyrighted, it must be a form of distinctive and tangible work.

4. Since the work is on the internet, I am allowed to use it as my own.

You see people sharing different posts on the internet all the time, whether these are inspirational quotes they like or articles on the latest trends. Many of these professional photos or articles may even encourage you to hit the share button. This concept can sometimes blur the understanding of what is appropriate to use as your own and what still requires permission from the owner.

It is perfectly acceptable to share that article or scenic photograph on your account. It is not acceptable to use that work how you see fit. You may not use these images for your business logo or the text for your advertisements. This work still belongs to the creator and requires approval from the owner.

 

5. Using the same title or name as an established piece of work is copyright infringement.

Not exactly. Many pieces of work share similar or exact names/titles and do not fall into the category of copyright infringement. Infringement only takes effect if the body of work is not original.

For a title or brand to have rights to its name and have a case against its competitor, it must be able to prove that its company has the following:

  • An established customer base
  • The competitor is profiting off using your name
  • The competitor suggests they are affiliated with your brand
  • The competitor is harming your business (e.g., lost sales).

This law is designed primarily to protect brands and businesses from their competitors. If a company uses your name and similar services as an association with your brand, this is considered “passing off” and is a form of copyright infringement.

6. Changing the work of someone else allows me to claim it as my own.

Just by rewriting or altering a piece of work does not make it okay to claim it as your own. Rephrasing the work does not change the content enough to be considered new and original. Properly citing the source or creator is not a substitute for receiving permission from the owner.

7. I am allowed to use 10% of a piece of work without having to attain permission.

Even if you are only using a fraction of the work, it is still considered copyright infringement without obtaining permission from the owner. Even if you are not making money by using their content, it is still considered copyright infringement. It is about the substance and importance of the work, not how much of the work you source.

8. Proving copyright infringement is difficult and requires a lot of hard evidence.

Proving copyright infringement is simpler than one may think. This is especially true if you have included a copyright notice on your content. You do not need any hard evidence to prove someone has infringed your work. All that is required is that the claims are well grounded and justifiable.

If a court lawyer can prove the requirements of infringement took place, some damage that can be recovered are:

  • Lost revenue
  • Additional profits
  • Statutory damages

If you are unsure whether you have a copyright infringement case, you should contact a copyright lawyer in Toronto. They can help examine the evidence and determine the damages. It should be noted that if you feel you have a claim, you have three years to take action.

There are many misconceptions about copyrights and the content they protect. Copyrighting gives the owner of their work exclusive rights that deter individuals from claiming their work as their own. It is important to remember that if you believe your work has been used without your permission, you can and should seek retribution.

In conclusion, it is crucial to always obtain permission to use other individuals’ work. Without doing so, you will be putting yourself and your business at risk for potential lawsuits.

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Attorney

The roles of a family law attorney

A family law attorney is a legal expert that mainly deals with legal duties that pertain to the family.  In most cases, a  family law lawyer is viewed as a respected family member. He’s responsible for ensuring that family members do not go to court in most cases for family-related issues. Therefore, a family lawyer is essential for family issues as they save them time and money to go to court and help safeguard relationships. The management of wills and estates is one of the family lawyer’s responsibilities. In this sense, they act as an attorney. In court, the legal expert represents the family.

Listed below are the roles of a family lawyer

  1. They help in the annulment process

The dissolution of a marriage is known as an annulment. Following an annulment, the marriage relationship has no meaning. A variety of factors might cause the annulment. Still, the most common is a fraud of any kind if one of the partners conceals a contagious condition, a criminal background, infertility, or a past divorce. To submit their case in court, one of the partners seeks the assistance of a family lawyer.

  1. They aid in appealing against previous mistakes of legal proceedings

Every citizen has the right to seek an appeal if they consider that prior judicial processes resulted in significant harm. The appeals procedure is not only lengthy and challenging, but it is also time-consuming. To be entertained, the individual must file it within 30 days. There are several types of law. Some domains are simple to comprehend. The appeals process is quite tough to navigate. To deal with the situation and get the desired outcomes, you must contact an expert lawyer. The lawyer must work with the bit of information provided on the eve of the preliminary hearing. It is pretty tough to obtain new information. The lawyer goes over the prior reports to find any errors. Appealing a family law case adds to the intricacy.

  1. They help with alimony and spouse support

The phrases maintenance, spousal support, and alimony have the same meaning. Until the divorce procedure is finished, a judge may entertain one of the spouses. Alimony’s effects continue for a certain amount of time, allowing a separated spouse to get back on their feet. If a marriage lasts a long time or one of the spouses becomes ill, the court has the authority to give permanent spousal maintenance. A spouse who has not worked for years may be eligible for alimony benefits. You are not a breadwinner. Thus you have a lot of concerns about your financial stability.

The amount of alimony or spousal support is influenced by several circumstances. The financial security threats that a spouse may face following a divorce are taken into account by state law enforcement organizations. The amount of spousal assistance is determined by two key factors: financial self-sufficiency and the length of the marriage.

  1. They help modify existing child support

It is a regulation that the court cannot adjust or modify child support unless a spouse requests it. Share your plans with your family lawyer and request that he file them in court. Changing child support might be due to various factors, including medical troubles, economic concerns, and a child’s medical emergency. Child support payments are reset when support is changed.

  1. They intervene in case of child abuse cases

If you are guilty of child abuse, state laws do not afford you any leeway. Many individuals are unaware of the complex legal system. When their babies are taken away, they suffer a significant setback. If this happens to you, don’t be alarmed. A kid’s companionship is beneficial not only to you but also to the youngster. You may return with a son or daughter. It would be best to have a family lawyer as a backup who can draft a solid case. Even though they have done nothing wrong to their children, parents frequently face child abuse issues in court. The legal professional will always be at your side until you get the child back.

  1. They prove to a court of child’s safety in their parent’s hands

The fundamental responsibility of parents is to protect their children. When children do not receive adequate care from their parents, they are taken away. Parents are oblivious to their responsibilities. Sometimes parents are unaware of the law and violate it.  For instance, who is liable if a child is wounded after falling? The unfortunate incident is solely the fault of the parents. They have to pay a high price for their irresponsibility. The family lawyer shows the court that it will be in good care if the child is returned. The court may consider bringing in a child’s relative to safeguard the youngster.

  1. They help in the divorce process

Divorces can be messy. With dialogue, the family lawyer strives to bridge the gap between the parties. The lawyer assists spouses in amicably completing their divorces. Every spouse is curious about what they could get or lose in the end. Parents also consider their children’s future. A family lawyer answers all questions. He makes every effort to ensure that the trial is fair. He is a dedicated individual who wishes to satisfy the wishes of his family members. The disputed and uncontested divorces are the two sorts of divorces. The court assumes control of the contentious divorce case. In an uncontested divorce, however, a family lawyer may assist the couples in reaching an agreement.

  1. They help draw the difference between non-marital and marital assets

Dividing the marital and non-marital articles is a complex undertaking. If you owned a certain object before the marriage, such as a vehicle or whatever else, it would fall into the orbit of non-marital property. The rest of the luggage and items are considered marital property. If both couples put money into a home before getting married, it becomes a marital and non-marital asset. On the eve of the divorce, don’t forget about the presence of the family lawyer. The family lawyer will assist you in resolving the issue.

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Attorney

 Why do you need to hire a personal injury attorney?

Accidents are inevitable. However, when they happen, they leave the victims in a state of confusion and distress. If victims are severely injured or demise, the family members will need compensation but may not know how to go about it. In such scenarios, insurance companies will take advantage of such scenarios and leave you with a bunch of documents to sign, make statements, and provide medical appeals for their investigations. Such procedures will require you to have the legal experience to help you in such statements and sign those forms. This is because insurances do not have their clients’ best interests and will look for loopholes to ensure they unfairly compensate you. Therefore, you must hire professional and experienced personal injury attorneys. Therefore when you find yourself in such a scenario, you may need to walk into the law office of Evan W. Khon. This article discusses in detail the top reasons why you will need to hire a personal injury attorney in case of an accident.

Here are some of the reasons

  1. They have specialized in a personal injury attorney

Lawyers frequently practice in many areas of law. As a result, you must choose a law firm that specializes in personal injury law, meaning that the company’s lawyers only practice personal injury law. Personal injury attorneys assist clients who have been injured due to the negligence of others. While personal injury law has numerous components, a lawyer who concentrates only on personal injury law is more likely to have extensive expertise than a lawyer who practices in other areas of law.

  1. They will give you ample time to heal

After an accident, one may sustain injuries, and that’s why you need a personal injury attorney.  After injuries, you’ll probably have to go to the doctor and undergo therapy to return to your old self. As a result, you’ll probably be too preoccupied to deal with legal matters. Furthermore, resolving a claim might take an extended period. Personal injury attorneys diligently ensure that accident victims are fairly paid and, more importantly, that their rehabilitation is as painless and rapid as possible. Hiring a personal injury lawyer will provide you access to their extensive network of treatment centers and health professionals, which will help you recover faster. Your injury attorney will research, advocate, and litigate on your behalf while you recuperate.

  1. They are familiar with court proceedings and tribunals

Court proceedings are complex and very formal and require one to be very prepared. Fortunately, if you engage a skilled personal injury lawyer, they will handle the whole legal procedure for you. If you are needed to appear in court as a witness for whatever reason, your injury lawyer will ensure that you are well-prepared. Moreover, they will ensure that all the paperwork needed is taken care of. Although not all personal injury attorneys will be presented to the court, if there’s a need for a third party, your lawyer will ensure they are there with you to represent you in court and fully compensated.

  1. They will deal with the insurance companies.

Although practically everyone has insurance, not everyone understands it. Even seasoned lawyers might be perplexed by insurance. Hiring a personal injury lawyer ensures that you receive expert advice throughout the insurance claim procedure. Furthermore, insurance firms are multibillion-dollar corporations that frequently try to settle a claim for less than its true value. It’s critical to have a skilled personal injury attorney fighting for your rights and ensuring your insurance coverage. Personal injury attorneys are experienced with insurance negotiations and will therefore handle them and ensure you are fully compensated. Further, it is most likely that the insurance companies will have an attorney to represent them; therefore, it would not be a great idea to face them alone as they will ensure to give you less amount.

  1. Payment is made after the success of a case

Unlike other attorneys, an experienced personal injury attorney charges clients on a “contingency fee” basis. Simply put, this means that the lawyer is only compensated if the client is compensated. The lawyer is not compensated if they cannot win a favorable verdict or settlement for the client. Another reason why professional personal injury attorneys constantly work to ensure that your case is well-represented and eventually successful is because of this.

  1. They help you with litigation

If the wrongdoer challenges your compensation claim, the only other alternative is to go to court. Even if your injury claim is valid, going to court might work against you, especially if the opposing party has hired a lawyer while you do not. Having a personal injury attorney on your side might help you level the playing field. You can also acquire the legal help you need to maximize the value of your claim. They will collect all of the evidence necessary to win your case in court.

  1. They increase your chances of compensation

Your ultimate goal in pursuing a personal injury claim is to obtain the full amount of compensation you are entitled to for your injuries. However, keep in mind that the tax treatment of personal injury settlements is complicated and unclear. The purpose of the infringing party’s insurer is to ensure that you receive the least amount of compensation possible through third-party capture. After all, they’re corporations looking out for their financial interests. Hiring a personal injury attorney almost eliminates the chance of your case being settled for less than it is worth.

  1. They provide you with options leaving you to choose the best ones

If you’re not familiar with the process, filing a personal injury claim for your injuries might take time. In most cases, you have two choices. You have the option of filing a personal injury lawsuit or filing an insurance claim. Court action should only be used as a last resort because the court might take a long time to decide your case. If the offending person refuses to accept responsibility for your injuries, this may be your only choice. Depending on your case, a personal injury attorney will advise you on the best course of action.

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