The Music Copyright Law of Today's Industry

Authorized by the U.S. Constitution, the government is granted sole power to provide authors and inventors exclusive rights to their respective lyrics, music, and discoveries. Specifically, music copyright laws are generated to protect an authors' music composition for an undisclosed amount of years. It is the responsibility of the copyright holder to renew such copyright as it only holds for a specific period of time.

An authors' music composition or "intellectual property" should be registered with the copyright office; which authorizes legal claim to the composition. The music copyright laws ensure public notification of copyright. This would suggest that any use of "intellectual property" without the owner's permission is subject to legal repercussions. As a copyright holder, however, you have the option to sell or transfer the composition, yet the original copyright still remains. The law prohibits any distribution of the lyrics or music either for free, for non- profit, or for profit. Furthermore, the law prohibits another party to play a recording of music in public- even if you are the owner of the CD. Finally, it is against the law to make a derivative arrangement or work for use in any public forum. Bottom line, the law states that the music or lyrics cannot be reproduced, be performed publicly, or rearranged by any other party without written consent of the copyright holder. In such cases, the borrower will pay royalties.

It is fairly simple to copyright your compositions. Actually, music copyright laws allow you to copyright single songs or an entire CD of collected works. The process and cost are the same. All you need to do is submit a completed FormSR to the Library of Congress. This form is available at the U.S Copyright Office. Each song on your CD is protected when you send the FormSR, two (2) copies of the CD (or CD single) along with $45 to the Library of Congress. On the FormSR, it is imperative that you claim copyright to both sound recording as well as the underlying composition.

Registering the FormSR with the U.S. copyright office automatically grants you exclusive rights. According to the music copyright laws, copyright registration grants the owner the right to make copies and duplicate the CD. You will also have the right to distribute your works and prepare alternate versions or new arrangements of your works. Copyright registration gives you the right to perform the songs as well as display the product publicly. Most importantly, not only can you prove the composition is yours if it is stolen, you can sue for damages.

As previously mentioned, copyrights eventually expire; therefore it is the copyright holders' responsibility to renew the copyright. There are documented instances where copyright holders have passed away and their families failed to renew the copyright. The copyright laws mandate, however, that the music is protected for 70 years following the death of an author- granted that the music was created after 1978. In the case of public domain music, the music copyright laws state that the "intellectual property" can fall in the hands of public domain if the copyright is not reinstated. A composition that was copyrighted prior to 1923 is currently a part of public domain. Regardless, proof must be obtained from a legitimate source that a composition is public domain. After proof of public domain is obtained, one can arrange, reproduce, perform, record, or publish the music composition.


Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Copyright & Music Piracy

The principle that the work one has created belongs to the creator and should be controlled by them is a global concept. This principle is encoded in Copyright law. Copyright Law is the key element upon which intellectual property rights are created and it is from these property rights that musicians, composers, artists and authors derive their income. The U.S. Constitution Art. I Sec. 8 Cl. 8, lays the foundation of Copyright law by providing that “The Congress shall have Power… to Promote the Progress of Science and the useful Arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” As a copyright owner, an author would have certain exclusive rights over his works such as the Reproduction right (the right to make copies), the Adaptation right (the right to adapt the work into new works – such as translation of the work into a different language), the Public Distribution right (right to distribute copies of the work to the public), the Public Performance right (right to perform the work publicly – such as reciting the novel to the public) and the Public Display right (the right to display copies of the work in public). Copyright law thus prohibits the unauthorized duplication, adaptation or distribution of a creative work.

The Copyright statute does not define the tem “musical work.” A musical work is understood to comprise of both the music and the words that accompany it. All genres of music are covered by the term musical work. A musical work is different from a sound recording. The difference lies in the fact that a musician who composes music or writes a song is the author of a musical work, while a producer who records some sounds creates a sound recording.

The term Piracy is used to describe the deliberate infringement of a copyright on a commercial scale. Music Piracy refers to the illegal duplication and distribution of sound recordings. It mainly comprises of four specific forms – (i) bootleg recordings, (ii) pirate recordings, (iii) online piracy and (iv) counterfeit recordings. Bootleg recordings refers to the duplication, recording, and sale of a performance such as a live concert or broadcast without the permission of the artist or the Record Company which may be entitled to control the recording rights of the artist’s performances. Pirate recordings refer to the unauthorized duplications of music from legitimate recordings for commercial gain. The packing and presentation of a pirate copy does not usually resemble a legitimate commercial release. Online piracy refers to the unauthorized transfer of sound recordings from Internet sites. Counterfeit recordings are the unauthorized copying of the sound as well as the artwork, trademark, label and packaging of the original recording. The main aim of counterfeit products is to mislead the consumer into thinking that they are buying the genuine product.

The U.S. Recording Industry is represented by the Recording Industry Association of America (RIAA). With a mission to foster a business and a legal climate to support and promote its members’ creative and financial vitality, the RIAA members create, manufacture and/or distribute approximately 85% of all legitimate recordings produced and sold in the United States. The RIAA is working to protect the intellectual property rights and First Amendment Rights of artists, conduct consumer, industry and technical research; and monitor and review state and federal laws, regulations and policies. One of the primary objectives of the RIAA is educating people about music piracy. The RIAA states in simple words that going online and downloading music without permission is as good as walking into a store and shoplifting. A report published by the Institute of Policy Innovation provides that global music piracy causes $12.5 billion of economic losses every year, 71,060 U.S. jobs lost, a loss of $2.7 billion in workers' earnings, and a loss of $422 million in tax revenues, $291 million in personal income tax and $131 million in lost corporate income and production taxes. Considering the amount of loss that the music industry faces mainly because of piracy, one might wonder whether there is a provision to get access to one’s favorite songs without being held liable for piracy. The answer is “YES!” Legal downloading of music is extremely easy and cost effective. The RIAA states that record companies have licensed hundreds of digital partners offering download and subscription services, cable and satellite radio services, Internet radio webcasting, legitimate peer-to-peer or P2P services, social networking services, video-on demand, podcasts, CD kiosks and digital jukeboxes, mobile products such as ringbacks, ringtunes, wallpapers, audio and video downloads. The International Federation of the Phonographic Industry or the IFPI which represents the recording industry worldwide states that there are more than 10 million licensed tracks available on more than 400 services worldwide. The IFPI represents 1400 members across 72 countries and has affiliated industry representations in about 44 countries. The IFPI reports that about 40 billion files were illegally file-shared in the year 2008 giving a piracy rate of about 95%.

What happens when a composer or owner of a sound recording finds out that his work is being reproduced digitally without his permission?
The Digital Millennium Copyright Act of 1998 or the DMCA as it is popularly known provides the answer to this question which probably haunts most of the artists today. The Internet, which is providing a gateway of access to almost anything that seems to be created, is posing a threat to the artists who find their works being “uploaded” or “downloaded” without their permission. This invariably infringes the exclusive rights provided by the Copyright Act which was enacted to protect the interests of the artists. The DMCA has enacted § 512 (c) which is more popularly known as the Safe Harbor Provision which provides a method by which an online service provider can limit his liability for vicarious infringement for illegal infringing copyrighted works stored on his system by the website’s subscribers. §512 (c) takes birth from the district court decision in Religious Technology Center v. Netcom On-Line Communication Services, 907 F.Supp. 1361 (N.D. Cal. 1995), which refused to hold an ISP liable for the infringing activities of its users because the ISP’s role consisted entirely of serving as a passive conduit for the transmissions of its users, without in any way inducing, influencing, encouraging or selecting among their infringing activities. For an online service provider to be eligible for protection under the Safe Harbor provision, he can appoint an agent with the Copyright Office. If an owner believes that his copyright is being infringed, he can send a notice to the online service provider. Once such a notice is received, the online service provider must either remove and/or disable access to the allegedly infringing material. After receiving the online service provider’s notice, the subscriber can send a counter notification. If the subscriber fails to respond to such a notice, the infringing content remains disabled or removed. If the subscriber provides a notification, this will be conveyed to the copyright owner. Litigation is initiated by the copyright owner against the alleged infringer and a notice to this effect should be sent to the online service provider. If no such action is taken by the copyright owner after receiving the counter notice, the online service provider must repost the disable or removed material within 2 weeks of its receipt of the counter notification from the subscriber. If litigation is initiated by the copyright owner, the online service provider must remove or disable the infringing material until it is resolved by the court.

Whom does the law hold responsible?
According to 17 U.S.C §501(a) ( c ) of the Copyright Act, copyright infringement occurs when a party engages in importing copies or phonorecords into the United States in violation of §602. Secondary Liability for copyright infringement is also enforced although it is not expressly recognized in the Statute. Secondary Liability occurs in the following two forms – Contributory and Vicarious Liability. Under Secondary Liability, the defendant can be found liable for copyright infringement even though he did not personally engage in the infringing activity. However, to enforce an action under secondary liability, an underlying act of direct infringement must occur. Contributory infringement is designed to target intentional contributions to infringement. Two key elements that pave the way for contributory infringement are (a) knowledge of the infringement and (b) continued substantial and material provision of means. The concept of contributory liability for copyright infringement was laid down in Gershwin Publishing Corp. v. Columbia Artists Management, Inc., 443 F.2d 1159, 1162 (2d Cir. 1971). The court expressly held that “One who, with knowledge of the infringing activity, induces, causes or materially contributes to the infringing conduct of another, may be held liable as a ‘contributory’ infringer.” Id. A video rental store which permitted its customers to view its videos in the store was held to be contributorily liable for those infringing performances. Columbia Pictures Indus., Inc. v. Aveco, Inc., 88 F.2d 59 (3d Cir. 1986).

Vicarious liability is based on the principle of respondeat superior – where employers are held vicariously liable for infringing acts performed by their employees who are acting within the scope of their employment. Vicarious infringement is designed to target intentional contributions to infringement provision of means. Vicarious infringement requires two key factors – (a) ability and right to control infringing conduct and (b) receipt of financial benefit from the conduct. The court in Fonavisa, Inc. v. Cherry Auction, Inc., 76 F. 3d 259 (9th Cir. 1996), held that a flea market operator was vicariously liable for copyright infringement because he had knowledge of the fact that vendors were selling counterfeit recordings and supplied them with space, customers, advertising and support services in return for a fee. However, courts have refused to impose vicarious liability on a landlord/tenant relationship. The main reason cited for such a refusal is that the landlord lacks the right and the ability to supervise the tenant’s infringing activities.

How does one identify whether a CD is genuine or a pirated copy?
There are certain features of a CD that clearly indicate that it is a pirated copy. One should keep a lookout for any or all of the following points to determine whether a CD is genuine or not –

1. How much are you paying? – Pirated CDs are generally sold at a price much lower than the actual retail value.
2. Where are you buying it from? – CDs bought at a flea market or a swap meet or sold on the street are more likely to be infringing copies of the original
3. What are the features of the CD? – Pirated CDs are sometimes enclosed in a poor quality cellophane envelope as opposed to the upscale factory quality of shrink wrap. They are recorded on Recordable Compact Disks, or CD-Rs which are characterized by bluish or a greenish tint. You may also find misspelled words on the cover of the CD. Usually, pirated CDs contain the “top 10 hits” or “mix” or “DJ” recordings. The bar code too may be missing on the package.

Stop piracy in your own way by refusing to purchase pirated CDs.



Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Trademark Evaluation

After you have decided upon what your trademark should look like, you should immediately undertake a trademark evaluation to try and decipher whether or not the trademark is available. If it is, you should immediately begin the process of obtaining the intellectual property rights for the relevant trademark. This will help to insure that your business or firm does not run into legal complications in the future.

Lawfully is a Sydney based firm that provides fast, efficient and professional services for clients at realistic fees in relation to trademarks, and the business aspects of patents and copyright. This firm provides reliable services to organisations ranging in size from small to large, in Australia and overseas. It identifies its services by the trade mark 'Lawfully' as well as trading under that name as a business name. Lawfully is a firm which delivers high quality services in the following four areas:

• Trade Mark evaluation, searching and registration.
• Copyright Registration in the USA for the original works of Australian writers, composers and software authors.
• Copyright Management. This service assists the Australian promoter in pulling together the diverse rights of actors and performers so that the promoter owns and can exploit copyrights in the film and/or live performance.
• Copyright and Patent management to assist authors, artists and inventors in Australia to exploit their original work within Australia.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Copyright Lawyer

Copyright law protects the intellectual property of creators such as artists, authors, and musicians. While copyright law is supposed to protect creators by preventing other people from using their intellectual property, there are many gray areas in the details that have to be decided in court. Copyright laws can also differ from area to area. This makes it important to find a copyright lawyer that understands local, national, and international precedent so you can protect your substantive works from infringement.

Are Copyright Lawyers Necessary?

Many courts have upheld copyrights of finished and incomplete works as long as an individual or corporation can prove that they created the work before someone else. Some people accomplish this without hiring a copyright lawyer. They might, for instance, send a copy of a play to themselves in the mail so that it has an official date stamped on it. Or they might have a notary public sign and date a copy of the work so courts will know when the author created it.

This works in some cases, but those who are serious about protecting their intellectual property should consider hiring copyright lawyers. Copyright law is difficult for many laymen to understand. Even the U.S. court system finds it difficult to rule on some cases.

Finding Copyright Lawyers with Experience

Since there are so many gray areas in copyright law, it is best to hire a copyright lawyer who has significant experience in the field. Most of the cases are brought to civil court, where a copyright lawyer might have the chance to argue your case in front of a judge or committee. In this type of situation, experience is a lawyer's best asset.

You can determine how much experience a copyright lawyer has by asking her or him how long they have been practicing intellectual property law. You should also ask the copyright lawyers how many of their cases they win so you will know how successful they are.

Picking a Copyright Lawyer with Experience in your Field

Consider spending some time looking for a copyright lawyer that has significant experience in your field. If you are a musician, then you should look for a copyright lawyer that has represented music companies and musicians. If you have written a book, then you should seek the services of a copyright lawyer that knows the ins and outs of copyright laws that apply to books. Finding a specialist can only improve your chances of protecting your rights.

Choosing a Copyright Lawyer with Good References

After you have found several copyright lawyers with years of experience, a concentration in law that pertains to your field, and a good track record, you can make a short list to choose from. Contact the copyright lawyers on your short list and ask them to give you references. These references will make it easy for you to talk to their other clients. You can often get the best information from other professionals who have used the copyright lawyer's services. A good reference from a professional music producer, for instance, should typically have more influence on your decision than a part-time musician with self-published material.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Common Law Capers

The firm Lawfully and its principal Gibson Owen are well able to advise you on any new trademarks to ensure that a search is carried out to minimise disappointment, subsequent rejection and disputes. Where a client has built up a reputation and goodwill in a trademark or trade name without registration then he must at some time address the question of registration.

Up until registration, his trademark would be called a common law mark and he runs the risk of finding after many years of business that there is a prior registration of a similar name in a similar class of goods. He may find that there is a similar name which has been in the market place unregistered but with a commencement date prior to that of the client's first usage.

Upon addressing the matter of registration the client is confronted by having to carry out searches to establish what identical, similar or deceptively similar marks are on the Trademark Register or in the market place with a priority date well before the client's first stated usage.

Common law rights are those rights you can enforce by an action without primary reliance on statute law.

The Designs Act, Patents Act and Trademarks Act all give you statutory rights as an incidence of registration of your trademark or invention. Valuable enforcement rights will arise as an incidence of such registration.

Having developed a reputation, goodwill and a significant capital value attaching to the unregistered trademark, the owner must then contemplate the fact that there may be prior registrations that are similar or deceptively similar or where another business, perhaps an opposition business, has been using their mark to develop goodwill and reputation predating that of the client's first usage.

Where a contest develops over who has the prior right to the name, there is a real prospect that the client would not only lose the contest but lose significant capital such as the removal of its name, the loss of its profits for the period of conflict and the obligation to start again with a new name, which in turn can amount to losses of immense amounts of capital.

The ownership of a common law trade name is an excellent example of playing Russian Roulette with the company's capital.

Where a company proceeds to adopt and assume a trademark that is unregistered there is a very real likelihood that it will be tempted to describe attributes of its product or service in that name. An excellent example would be the name Bankstown Smash Repairs. It is not appropriate to identify a geographic region in a name and it is not appropriate to identify the product or service in the name.

Very often the names that are chosen are names that are generic or inappropriate and should remain available to all of those who compete in that industry. An example of such words is 'smash repairs'.

It is always best to invent a name which has nothing to do with the product or its attributes. It is usually too late to warn a client on these factors when they have developed goodwill and reputation at common law.

Where you have given the right of exclusive use of your trademark to a licensee then usually you will have given that licensee the right to protect the intellectual property against invaders and trespassers.

It is possible that the exclusive licensee is not interested in protecting the reputation attaching to the trademark property, but as the registered proprietor you may feel you must protect the integrity of your trademark and you can do so provided you have reserved those enforcement rights during the preparation of that licence. The need to take action can arise during the course of the license or after its termination.

There could be many commercial reasons why a licensee does not want to spend funds on fighting invaders and trespassers and it may fall to you to defend the integrity and reputation of the trademark.

If you have failed to draft the license correctly in not reserving to yourself the right to supervise the quality of the licensee's products with regularity then you will have difficulty in protecting that integrity and reputation.

Not only must you reserve to yourself the right to supervise quality but also you must exercise that right and not appear to abandon it by failure to supervise for lengthy periods or failure to supervise regularly.

In addition a licensee may feel that when the exclusive license lapses he has adequate momentum in his product and reputation not to bother with a renewal of the exclusive license.

Where there has been a failure by the Licensee to renew the license, the registered proprietor must ensure that the reputation and goodwill attaching to a trademark have expressly re-vested in him as the registered proprietor.

Whilst these requirements seem to be only incidental to the main business of granting rights to a licensee and receiving royalties from him it is obvious that the mark could be seriously imperiled unless the above two factors are treated with detailed attention in the license document.

Continuing use and development of reputation and goodwill in an unregistrable mark can eventually allow its registration. The unregistrable mark can become known in the eyes of the market or the public as one that distinguishes the owner's goods and/or services from those of his competitors. Upon such proof being established, which carries a very heavy burden to discharge, such an offending mark can be applied for and may be approved for registration.

It is far better to take advice before commencement of use of a mark so as to ensure it does not offend against other marks and therefore attract lawsuits and opposition to registration. It is possible to offend against another mark registered or unregistered by direct conflict or by using a mark that is deceptively similar to another mark.

Any interloper or trespasser will be easily put to heel if he is offending against a registered mark in the same or similar classification for goods.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

How Federal Laws About Mortgages Can Be Helpful to You?

Real Estate Settlement Procedures Act (RESPA)
RESPA was designed to give home buyers and sellers better disclosure of settlement costs; and to elimination of kickbacks or referral fees that tend to increase unnecessarily the costs of certain settlement services.

Prohibition Against Kickbacks and Referral Fees
12 U.S.C. §2607(a); 24 C.F.R. § 3500.14(b). RESPA prohibits the giving or receiving of any fee, kickback or other thing of value for the referral of a “settlement service” (defined at 12 U.S.C. § 2602(3) and 24 C.F.R. § 3500.2).

One court has stated that, in order to state a claim alleging a violation of this section, one must demonstrate:
1) an agreement between the parties to refer settlement service business,
2) the transfer of a thing of value, and
3) the referral of settlement service business. “An agreement or understanding for the referral of business incident to or part of a settlement service need not be written or verbalized but may be established by a practice, pattern or course of conduct.” 24 C.F.R. § 3500.14(e).

Yield-spread premiums: A yield spread premium is a fee paid by a mortgage lender to a mortgage broker for arranging a loan with an interest rate at a higher amount than the par rate. Payment of a yield spread premium is not a per se violation of this section, but may be illegal under RESPA based on a factual inquiry into the circumstances surrounding the payment.

HUD (the agency charged with interpretative, investigative and enforcement powers under RESPA) recommends a two-step inquiry to determine whether a yield spread premium is illegal. First, one determines whether the payment of the yield spread premium was for services actually performed; if it is not, then the payment is an illegal kickback. If the payment was for services actually performed, then one looks at whether the total compensation paid to the broker reasonably related to the value of the services; if the compensation does not reasonably relate to the value of the services, the payment is a violation of this section.

Recently, some Courts have fashioned a five-part pleading standard for alleging a YSP-based violation of RESPA, three-part test and on HUD statements:
“(1) the existence of an agreement between the lender and broker whereby the broker promises to refer settlement service business to the lender;
(2) the transfer of a thing of value between the lender and broker based upon that agreement;
(3) the referral of settlement service business by the broker to the lender and either that
(4) the broker received a YSP without providing any goods or services of the kind typically associated with a mortgage transaction or (5) if the broker did provide such goods or services, the total compensation paid to the broker was not reasonably related to the total value of the goods or services actually provided.. As part of pleading (4) or
(5), a borrower must plead what services were offered, the reasonable value of those services, and the fact that total broker compensation exceeded that value. Also, a borrower alleging a YSP-based violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, or a YSP-based breach of fiduciary duty, can only do so by (also) meeting the RESPA pleading standard.

Prohibition Against Unearned Fees and Fee Splitting 12 U.S.C. §2607(b); 24 C.F.R. §3500.14(c). RESPA prohibits the giving or receiving of “any portion, split or percentage of any charge made or received for the rendering of a settlement services in connection with a transaction involving a federally related mortgage loan other than for services performed.” The regulations further state that, “A charge by a person for which no or nominal services are performed or for which duplicative fees are charged is an unearned fee and violates this section.”

Remedies
There is a private right of action for violation of § 2607 (Illegal referral fee or kickback and fee splitting). Statutory damages: person charged for the settlement service can recover an amount equal to “three times the amount of any charge paid for such settlement service,” plus attorney’s fees and costs. 12 U.S.C. § 2607(d).

Practice Tip:
The bottom line is that any payment by the lender to the broker is illegal if it is not for the reasonable value of services actually performed. So if you see a high up-front broker’s fee plus a yield-spread premium or other broker fee paid by the lender, there’s a good chance the lender-paid is fee is “unearned gravy” and constitutes a violation.

There is a private right of action for violation of § 2605 (Servicing requirements and administration of escrow accounts). Actual damages for each failure to comply, additional damages for a pattern and practice of noncompliance, plus attorney’s fees and costs. 12 U.S.C. § 2605(f).

Statute of Limitations
• 1 year for affirmative (kickback and fee-splitting) claims. 12 U.S.C. § 2614;
• Unlimited as a defense to foreclosure in the nature of a recoupment or setoff.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

The Negative Effects of Bankruptcy

When someone is considering filing for bankruptcy, chances are that they aren’t thinking of all the repercussions that they are going to have after it’s over. Here are negative affects of filing for bankruptcy.

Feelings of embarrassment and defeat, since everyone knows that you have filed for bankruptcy in California.

No say in how much you will have to repay to your creditors, since the decision isn’t in your hands any more.

Loss of assets or treasured items, such as your house or car, or even your business if you are business owner.

Payments to repay creditors can be garnished from wages for as many as five years.

Consumer debtors have to attend credit counseling within the first six months after they file for bankruptcy.

Debtors have to finish an education in personal financial management before they are able to get a discharge.

If it’s a chapter 13 bankruptcy, it will be your personal credit report for 7 years, if it’s a chapter 7 it stays on for 10 years.

When someone is considering filing for bankruptcy, they need to think about the negative affects of what they are doing and ask themselves if there isn’t a better way to help themselves out of a financial mess. Chances are that there is, they just have to do some research and ask for some advice from other people. Credit counseling is a good place to start. Bankruptcy is not the only option that they have to go on.

It pays to get multiple opinions before you end up filing. Bankruptcy stays on your record for 10 years, so you need to go into this knowing everything in advance.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

How to Not File Bankruptcy

Bankruptcy is something that a lot of people have gone through, but no matter how bad your situation is, there are ways that bankruptcy can be avoided. Here are some of the ways that you can avoid filing for bankruptcy.

Debt settlement
If you have trouble keeping up with the minimum payments for the debts that you have, you might want to consider debt settlement. If you get into a program, you may be able to settle your debts for anywhere up to 40% of what the original debt was.

Debt consolidation
The second thing that you can do is get into a debt consolidation program. This will let you make monthly payments that have a lower interest rate.

Debt management
The third option that you can use to keep from filing bankruptcy is to do debt management. This is done through an agency that deals in credit counseling and that helps consumers to stay current on their bills and avoid bankruptcy. The purpose of this is to reduce your interest rates and reduce or get interest charges waived which are because of any payments that are late.

When you are considering filing for bankruptcy, think of the three options listed above and see if any of them could help you out. Talk to someone who is specialized in debt problems and see what they suggest that you do. Bankruptcy is something that should be avoided if possible because it ruins your credit, so if you have have any other ideas of what you can do to help your credit, you should look into them first.
When things get bad for you financially, as they have gotten for many other people recently, think about the other options that are available for helping with debt. Chances are that there is something else that you can do.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Advantages of Bankruptcy Over Debt Consolidation

There are a lot of advertisements that are on the television both for debt consolidation and bankruptcy, so which one is better?

Bankruptcy is something that can either wipe out your debt or it can require you to make payments on your debt over a period of time, depending on what kind of bankruptcy you are filing. But the bad thing about it is that it goes on your credit report and stays there for approximately seven years.

When choosing debt consolidation, people are able to put all their debt into one bill and pay a certain amount each month. This can be done through a debt consolidation agency, which is going to put the person on a budget that they have to stick to and some rules that they have to follow. It can also be done through a debt consolidation loan. You borrow enough money to pay off your debts and then make payments on the loan each month.

Most people have found that debt consolidation is better than bankruptcy. Instead of putting a black mark on a credit report, it sometimes helps the person’s credit if they keep to their payment schedule and pay it faithfully. But if you are going to try debt consolidation, however, make sure that you are choosing a company that has a good reputation. You want to know exactly what they are going to do for you and what the end results are going to be.

All in all, if you choose the right debt consolidation firm or agency, it really will turn out to be a better idea than filing for California bankruptcy and negatively affecting your credit.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Bankruptcy, Collection Agencies, and Fair Debt Collection Laws in Florida

As a bankruptcy attorney, I often counsel people in significant financial distress. Most have debt collectors calling every day. Once a person files bankruptcy, federal law requires that all attempts to collect debts cease immediately. But for some, bankruptcy may be unwise or simply too expensive. This article intends to inform people in such a situation about methods debt collectors are prohibited from using to collect debts and what a person can do to stop them.

Under the federal Fair Debt Collection Practices Act ("The Act") debtors are protected from overzealous or unscrupulous debt collectors. Note that The Act does not generally apply to the person or entity that is owed the debt. It only applies to debt collection agencies. A debt collection agency may have violated The Act if its agent has done any of the following:

(1) Pretended to be a government employee, representative of the government, or a law enforcement officer;
(2) Disclosed without justification, to a person other than the debtor, information that negatively affects the debtor's reputation;
(3) Contacted a debtor at work without permission by the debtor to do so;
(4) Threatened a debtor with a lawsuit that the collection agency knew could not be carried out;
(5) Used or threatened force or violence;
(6) spoke in such a manner as to give the debtor the impression that the debt collector was associated with an attorney;
(7) Refused to adequately identify himself or herself or his or her employer when debtor requested such information; or
(8) Communicated with the debtor between the hours 9 p.m. and 8 a.m. without the debtor's permission.

These are just a few of the more common methods unethical collection agencies may use. Violations of The Act will support claims (lawsuits) for actual and statutory damages. In theory the amount of actual damages is unlimted, but most cases see awards in the $5,000 amount. In addition to compensation to the debtor for his or her actual and statutory damages, the debtor can also recoup any attorneys fees incurred in the lawsuit.

Cease and Desist Letter
In addition to filing suit against unscrupulous collection agencies by way of The Act, debtors can also compel agencies to stop most attempts to collect by filing what is called a "cease and desist" or "no contact" letter. If the debtor does not already have the collection agency's address, he or she should request it from the debt collector when they call. Collection agencies are required by The Act to provide this information. The cease and desist letter should be sent by certified mail with return receipt. The letter that follows is a sample of a cease and desist letter.

RE: Your Account Number Here
To Whom It May Concern:
You are hereby notified, pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. Sec. 1692 and Florida Statutes Sec. 559.72 that I require you to cease contacting me at home, work or any other place regarding the above referenced account. You do not have my permission to contact any other person in your collection efforts to determine where I live or work.
This letter will serve to advise you that any further contacts will be construed as harassment and in violation of the law. Also be advised that any violation of federal or state law will be reported to the appropriate authorities, including the Federal Trade Commission and the Attorney General for the State of Florida.
(INCLUDE IF APPLICABLE) I dispute the debt that you are attempting to collect from me and request at this time verification of the debt you claim is outstanding.
Sincerely,
Your Signature Here


Even if Florida debtors find themselves unable or prohibited from filing for bankruptcy, they can still realize some relief from collection agencies that violate state and federal fair debt collection laws. Debtors with low incomes should contact their local community legal services organization for free legal consultations.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Cheap Ohio Bankruptcy Lawyers -- 7 Tips To Find An Affordable Attorney

Finding the right Ohio bankruptcy lawyer can mean the difference between a smooth process and a bumpy ride. It is possible to file bankruptcy on your own, but bankruptcy lawyers are familiar with the paperwork, the laws and other technicalities that will help you get the best settlement possible.

7 Tips for Finding Cheap Bankruptcy Lawyers in Ohio


1. Start soon. Putting off finding a cheap lawyer in Ohio will only leave you scrambling in the end. A rush to a decision could leave you with an attorney that you are not comfortable with in the long run. Start your search early and you will have time to make a decision that will help guide you to the best results.

2. Ask questions. Ask people that you know about any experience they may have had with local bankruptcy attorneys. Ask the lawyers that you have consultations with about their previous experience. Look in the internet about any complaints or compliments about the different attorneys that you are considering.

3. Visit the local bankruptcy court in your area. You can see lawyers at work and get a feel for their experience and expertise. Seeing bankruptcies happen may also help you understand the process more completely. The northern district has courthouses in Cleveland, Akron, Canton, Toledo and Youngstown. The southern district has courthouses in Cincinnati, Columbus and Dayton.

4. Talk to other professionals that you have worked with in the past. They may have recommendations for Ohio bankruptcy lawyers. Accountants and lawyers in other specialties could have the right suggestion for your needs.

5. Use the Internet. Take some time to search the different law firm websites to see where they specialize. You can also use the internet to do a search on any lawyer or law offices that you might want to consider.

6. Check with referral services. The Ohio State Legal Services Association (OSLSA) can help match you with low cost bankruptcy lawyers that will work best for your particular needs. They also provide legal assistance to Ohioans who have income below 125% of the current official Federal Poverty Guideline.

7. Meet with different lawyers. Most Chapter 7 or Chapter 13 lawyers will provide you with a free initial consultation. That one meeting could be all that you need to see if you would be able to work with that lawyer or if you need continue looking. Be sure to write out a list of questions to ask so that you get the same information from all of the lawyers that you visit.

The number one thing that you need to work your way through the bankruptcy lawyers and choose the one for your circumstances is to start early. You will want time on your side as you work through the different sources that may offer you guidance in choosing an Ohio bankruptcy lawyer.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Chapter 7 Bankruptcy Attorney, Costs and Facts You Should Know

A Chapter 7 bankruptcy attorney has the experience that you need to help you get a fresh financial start. The economy has been tough on many people and the troubles have caused many people to turn to bankruptcy as a last resort to try and get a handle on the downward spiral of money troubles. Chapter 7 bankruptcy is just one of the ways that financial problems can be settled.

Understanding Chapter 7 Bankruptcy


1. Chapter 7 bankruptcy is known as the liquidation or straight bankruptcy option. It means that you will be converting your assets into money to try and meet the requirements of your debts. It is typically the fastest way to get a fresh financial start. Not every situation will qualify for the Chapter 7 bankruptcy option.

2. A court appointed trustee handles the collection of your assets and the selling of those assets. The funds that come from these sales will be paid by the trustee to your creditors.

3. Credit counseling will be required by the court for any person or entity that is filing Chapter 7. The credit counseling will have to be approved by the court and completed within 180 days before the filing. In emergency situations or those rare occasions when credit counseling is not available there will be a required debt management plan that will have to be filed with the court.

4. The right to a discharge, where the debtor no longer has a liability, is only available to individuals that are filing Chapter 7 bankruptcy.

5. There are costs involved with filing Chapter 7 on top of any fees charged by a cheap bankruptcy lawyer. These fees will have to be paid when the bankruptcy is filed with the court. The fees can be paid in installments (up to four) but must be paid in full no later than 120 days after the petition has been filed. The court can waive the fees if your income is less than 150% of the poverty level and you are unable to pay.

6. Filing Chapter 7 bankruptcy will require a large amount of information. You should prepare a list of all your creditors, the amounts of the claims, all your income and those sources, and a complete list of all monthly expenses.

Financial troubles are never fun and these troubled economic times have caused many people to turn to desperate means to get financial problems under control. Bankruptcy may be the only answer to getting things back in order. Chapter 7 bankruptcy lawyers can help you when you need a fresh start with your finances.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Cheap Chapter 13 Bankruptcy Attorney -- 8 Things You Need To Know

A cheap Chapter 13 bankruptcy attorney may be able to provide you with the help you need to get your finances under control. The economy has been tough on everyone. Some people have gotten into money troubles and the only answer seems to be bankruptcy. Chapter 13 bankruptcy is more of a repayment option than a clean sweep.

Understanding Chapter 13 Bankruptcy


1. Chapter 13 bankruptcy is a chance for you to adjust your debts. You can keep your property and pay off what you owe over a set period of time -- usually three to five years. It is set up for those filers with regular income that have the ability to make payments.

2. You and your Chapter 13 attorney will work together to come up with a repayment plan. The repayment may cover all of your debts or only part of your debts. The repayment period cannot be longer than five years.

3. During the Chapter 13 bankruptcy repayment period creditors cannot start or continue any collection efforts.

4. Foreclosure proceedings can be stopped by filing for Chapter 13 bankruptcy. The monthly payments for the mortgage must still be paid on time during the Chapter 13 bankruptcy plan. The process may cure any delinquent payments on the mortgage.

5. Chapter 13 acts as a consolidation loan for debtors. It takes all of the different debts and puts them into a payment plan. A trustee of the court collects the payment and then distributes payments to individual creditors. You will have no direct contact with the companies or people that you own money to that are covered under the Chapter 13 bankruptcy.

6. Chapter 13 will require that you file a list of all of your assets and liabilities, your income and monthly expenses, copies of tax returns, any contracts and also a statement of your financial affairs.
7. You will be required to get credit counseling before filing for bankruptcy. The counseling needs to be completed 180 days before filing.

8. There are fees involved with filing Chapter 13 bankruptcy above those paid to your bankruptcy lawyer. You will be responsible for a case filing and an administrative fee. These fees will need to be paid to the court when the bankruptcy is filed. The court can give permission to pay the fees in installments but those installments have to be paid in full no later than 180 days after the petition is filed.

Finding the right Chapter 13 bankruptcy attorney can be one of the most important steps to get your financial troubles under control. Finances can be one of the biggest causes of stress. Choosing a cheap Chapter 13 bankruptcy attorney that you can trust and that will have your best interests in mind will help make this tough time just a little easier.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

The Law Relating to Transfer of Shares

The stock market has become the backbone of many economies in the world. Unfortunately, those who are engaged in such markets know little or nothing on the that regulate their trading. One of the very critical areas that every investor must know is the laws that govern the transfer of shares by a company and also individuals. There is a distinction between transfer of shares and the transmission of shares. A transfer is by the act of the member of a company, while transmission occurs by operation of the law on the death or the bankruptcy of a member.

Every shareholder has a right to transfer his or her shares unless otherwise provided in the articles. As per the companies Act, "it is provided that the shares in a company under these Acts shall be capable of being transferred in a manner provided by the regulations of the company. Such regulations of the company may impose restraints upon the right of transfer...."

However, the directors of a company may, in their absolute discretion and without assigning any reason therefore, refuse to register any transfer of share. In such a case, the court may not interfere with the transfer unless one shows that the directors are exercising their discretion improperly.

A forged transfer of shares is a nullity and cannot affect the title of the shareholder whose signature is forged. If the company therefore has registered the forged transfer and removed the true owner of the rights from the register, it can be compelled to replace him.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Real Estate Laws in Louisiana: What You Should Know as a Property Owner

State legal systems in the United States are based on one of two legal systems. Forty-nine states base their laws on the common law system, first used in England.

However one state, Louisiana, uses the French Napoleonic Code as the basis for their legal system. While common law-based legal systems rely on the rulings of judges to set precedents that are used to make later decisions, the Louisiana system does not.

The Napoleonic Code was intended to simplify the laws in a time when many people were illiterate or did not have access to printed information. Ironically, the effort to create a simpler and easier to understand legal system has resulted in one of the more complex and least understood set of state laws here in Louisiana.
There are many other distinctions between the two systems, but it is not as important to know every single distinction as it is to understand that there are significant differences between the state laws in Louisiana and those of most other states.


Real Estate Law Basics
Real estate laws are the laws that address the land and anything built upon that land including ownership, usage, and transfer of ownership of that land. As discussed above, Louisiana’s unique legal heritage has affected the current laws in many ways. One such way is the term used to refer to real estate in this state. While the rest of the United States uses “real estate” in legal documents, in Louisiana real estate is referred to as “immoveable property.”


Inheritance and “Forced Heirs”
Another area which requires the special attention is that of inheritance within Louisiana. The laws regarding inheritance derived from the Napoleonic Code were intended to ensure that assets remained in their family of origin, so while the other 49 states allow property to be transferred as the owner prefers after their death, this is not always the case in Louisiana.
The laws regarding inheritance of real estate can dictate that close relatives including parents or children inherit property before anyone else.


Community Property or Separate Property?
The real estate laws in Louisiana separate property ownership into two categories:

• Community property
• Separate property

While the difference between two distinctions may seem apparent initially, upon closer inspection, the line becomes less clear. For example, once a couple is married, all properties do not automatically become community properties, and in the case of divorce, one spouse may not have any claim to or rights in regard to certain properties. Some of the factors that are considered in this situation are when the property was purchased and which party’s funds were used, which can be a difficult fact to ascertain.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Does Your Bankruptcy Law Firm Need Both Attorneys And Accountants?

Recent changes in U.S. law made declaring bankruptcy a much more complicated matter. Chapter 7 is the most common form of bankruptcy requested by debtors and does not require repayment. However, the U.S. Trustee has become much more aggressive in denying Chapter 7 bankruptcy, and instead forcing people into a Chapter 13 bankruptcy that does require repayment. Today you need much more from your law firm to get your Chapter 7 petition approved.

Under the new regulations, the government requirements to obtain a Chapter 7 bankruptcy are:
# Obtaining a Special Edition Credit Report of your obligations
# Transfers of your accounts to collection agencies
# Third-party assignees and if any judgments have been obtained against you
# Obtaining a copy of your IRS Tax Transcripts
# The Pre-Filing Credit Class
# Performance and certification of the Financial Means Test
# Preparation and filing of your petition
# Payment of all court filing fess;
# Representation at court hearings (as known as the Meeting of Creditors)
# A copy of your official filed bankruptcy petition
# And the Post-Filing Credit Class.

Arguably the most difficult and the most critical part of the Chapter 7 process is the new "means test." The means test compares the debtor’s income in the six months before the filing of the bankruptcy to their state’s median income. If the debtor’s income falls below the state median, they are automatically allowed to file for bankruptcy under Chapter 7. If the debtor’s income is above their state’s median income, they may still qualify to file for Chapter 7, but it becomes more complicated process with additional tests that take their expenses and excess income into account.

Another crucial step in getting your Chapter 7 bankruptcy petition approved is the "341 creditors meeting." The meeting takes place one to three months after the bankruptcy petition is filed, the 341 creditors meeting takes place, which allows creditors the chance to gain additional information about the debtor’s finances and ability to repay his debt. While you are not required to have a bankruptcy attorney, it is important to make sure you are prepared properly for the meeting.

Considering both the new and the old requirements, it may be in the best interests of a debtor to hire a law firm that has both bankruptcy lawyers and a professional accountant.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Truck Accidents: Lowboy Trucks

Tractor-trailer accidents can be some of the most serious accidents on U.S. highways, simply due to the massive size and weight of these types of vehicles. Lowboy trucks, in particular, pose several specific safety concerns.

What is a Lowboy Truck?

A lowboy truck is defined as large trucking vehicle connected to an open, flat trailer. The trailer’s deck height is extremely low to the ground, so that cargo can be loaded and unloaded easily. The trailer is typically used to carry large, heavy construction or industrial equipment. Special permits are often required for lowboy trucks because of the oversized loads.

There are two types of lowboy truck-trailers, front loading and rear loading. With a front loader, the gooseneck (large metal apparatus that connects the trailer to the truck) either detaches or folds down for loading from the front of the trailer. Rear-loading lowboy trailers have a stationary gooseneck and a rear, folding ramp for loading.

Lowboy Accidents and Safety Concerns

Unsecured loads
The heavy loads carried on lowboy truck-trailer combinations need to be securely attached to the center of the trailer. This prevents the load from shifting during transit. If shifting occurs, the truck and trailer can become off-balance, leading to driver control issues, or a jackknifed rig.

In addition, if the load is not secured well, a piece of heavy equipment could roll off during transport or at the point of unloading. This is a real concern for workers loading and unloading equipment, and vehicles traveling near, and especially behind, a lowboy truck.

Brakes
Brake and parking brake system maintenance is important for these lowboy truck-trailer combinations, as a lowboy driver unable to brake effectively can cause a serious highway accident.

Pinch points and crushing hazards
Lowboy operators and workers must be extra cautious, as there are many highly dangerous “pinch points” from movable parts in the goosenecks, ramps, winches and other areas. These pinch points can crush a worker easily during loading and unloading cargo, strapping cargo and hooking the lowboy trailer to the truck.
In addition, to avoid potential crushing hazards, unloading and loading on hard, level ground is paramount to safety.

Diminished driver views
When a lowboy truck is hauling a large load of equipment, the driver will be unable to see, in most cases, people around the vehicle or other traffic in the truck’s blind spots.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Truck Accidents: Garbage Trucks

Accidents involving garbage trucks or “trash trucks” are not always at the top of our minds, because they do not happen as frequently as other types of truck accidents in the U.S. But that does not make these types of accidents any less dangerous for the general public.

In fact, garbage truck accidents can, like so many large, heavy truck accidents, cause personal injury and even fatalities for the car drivers, pedestrians, motorcyclists, bicyclists and others involved. People who are injured by a trash truck accident can often suffer extreme injures, such as traumatic brain injury. After all, one garbage truck can weigh the same amount as five elephants.

Legal concepts like negligence and wrongful death can be involved in some garbage truck accident cases.

Typical Causes of Garbage Truck Accidents

Garbage truck-traffic accidents can be caused by any number of factors. Here are just a few that are often reported:

• Limited driver visibility
• Poor truck design
• Driver backing before looking
• Tired, overworked drivers
• Careless drivers
• Faulty backing alarms
• Oversized loads
• Driver failure to obey traffic signals
• Failure to stop at pedestrian crosswalks
• Driver failure to signal that the truck is turning
• Quick starts and stops
• Inadequate truck maintenance
• Poor-quality parts used on garbage truck repairs
• Loss of control of the garbage truck
• Garbage truck driving in the wrong lane (easing a trash pickup)
• Truck tire or wheel detaching from the truck

Garbage trucks can be dangerous for the workers who operate them, as well. Workers have been injured and killed on the job for reasons such as:

• Entering the “body” of the garbage truck during a crushing operation
• Overturning the truck in a roll-over accident
• Standing behind a backing truck
• Careless drivers of other vehicles while a worker is collecting garbage

In today’s waste management environment, most garage collection trucks are owned and managed by private companies. The private companies are under a contract with metropolitan areas to provide trash pickup for residents.

When an accident occurs, both the contracted private company and the cities who hire them can be held accountable.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Procedures Involving Failed Vasectomy and Failed Sterilisation

There are a number of people in the UK that decide for personal reasons to undergo a vasectomy or sterilisation procedure. It could be that they feel their family is complete, or in some cases it may be done for financial reasons. Whatever their reason, they have a right for the procedure to be done properly.

However, in some instances the procedure does not go successfully, as some patients find themselves with unwanted pregnancies and end up giving birth to a child they did not want. If it can be proven that this was as a result to medical negligence on the part of the doctors, than it may be possible to claim for compensation.

Cases involving failed sterilisation

There are numerous reasons why a surgery may fail. A sterilisation procedure is for a woman who decides that she does not want any more children. The procedure involves the fallopian tubes being either cut or clamped to stop the eggs from travelling to the ovaries to the womb. If the surgeon performing the procedure is careless, the clips can come free if they are not secured properly during surgery.

Cases involving failed vasectomy

There is generally one or two reasons why a vasectomy fails. The first reason is in the surgical procedure itself, when the vas deferens tubes are not cut properly. Secondly, your surgeon may have failed in giving you correct post operative advice. Following the vasectomy procedure, it usually takes around four months for traces of sperm to disappear from the semen. Therefore your surgeon should warn you against unprotected sex, at least until the tests have shown that there is no more sperm in the semen.

Will you be able to make a claim?

This will all depend on your individual circumstances. For instance, in some cases the procedure may fail because of natural reasons, and not due to the negligence on the part of the surgeon. This can happen when the sperm duct or fallopian tubes regrow. However, in other cases the failed sterilisation or vasectomy is due to the surgical error. The surgeon may be responsible for cutting a ligament instead of the vas deferens tubes. Or the surgeon may fail to give you good clear post-operative advice.

A way to test this is if the conception occurs soon after a sterilisation or vasectomy procedure. If this happens, you are more likely to have a successful clinical negligence claim. Whatever the reasons for the surgery failing, an unwanted pregnancy can lead to great stress in a relationship, often leading to suspicions of adultery. Compensation can be given for the emotional and physical distress involved with the pregnancy.

If you or your partner wish to make a claim, our solicitors will be able to guide you and answer and queries you may have. They will go through all the relevant options with you, and help you decide on whether you wish to take further action.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Compensation In Plastic Surgery

Plastic surgery is a very personal and intrusive procedure, one that is not taken lightly by most. In addition to costing a lot of money, it can be a risky procedure and can lead to unwanted results if not performed properly. Patients going under the knife have the right to receive a high level of care. However in the past, the plastic surgery industry was largely unregulated and mistakes were known to occur. Only recently, the National Care Standards Commission has introduced regulations. Under this scheme, the clinics and surgeons are under the responsibility to 'ensure the safety and well-being of individuals having treatment'. Therefore, all the doctors registering after April 1st 2002 cannot perform plastic surgery without first completing specialist surgical training. However, it should be noted that this only applies to doctors registering after this date, not before.

On most occasions the surgery is carried out by a qualified surgeon, however in a few rare instances this is not the case. If you feel you have been in this situation and would like help, we should be able to assist you.

Your case for compensation

If you have suffered significant scars or injuries as a result of the surgery, you will be entitled to make a compensation claim. It is natural to be feeling shaken, however you should be aware that it is your right to claim as every plastic surgeon owes a duty of care to their patient. The duty of care is owed both during and after the operation. You should be able to feel relaxed under the assurance that your surgeon will look after you and that your operation will be performed under the correct protocol.

If you have suffered significant injuries or scars as a direct result from the surgery, then it is very possible that your plastic surgeon breached their duty of care towards you and has been negligent.

Remember, a good plastic surgeon will always:

Be a qualified plastic surgeon

Give you proper information about the procedure and what you will personally gain from it

Inform you of all the risks involved in the procedure

Go though alternative options with you

Give you the opportunity to think about your options

Your plastic surgeon may have been negligent in using the wrong instruments to perform the surgery or made another error that resulted in you being emotionally and physically scarred. If you have personally suffered as a result of your surgeon, you have a right to make a compensation claim.

The most common types of plastic surgery complaints made include some of the following;

Inadequate information being given to the patient regarding the risks involved in the procedure

Nerve damage during a facelift

Extensive scarring during a procedure such as liposuction

Unanticipated scarring on the face during a facelift procedure

The serious errors outlined above are just some of the types of claims that are made by patients. However, any patient who has suffered one of these claims will be able to make a successful plastic surgery compensation claim.

Our clinical negligence solicitors have a great deal of experience in dealing with patients that have been traumatised by the effects of surgery. It is understandable that not only will you be feeling physically self-concious, but your personal self-confidence would have also been affected. Our advisers will seek to understand your individual situation, and will always treat your case with great sympathy and compassion.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Will Riches Come From Your Invention Submission

When you have an earth shaking idea, you want to protect it. The reason, of course, is you want to reap the financial rewards from the idea that you came up with.

Money Barriers

There are 4 barriers that you must get through to get to the money on the other side:

1. Is your idea original with you? Often, what you think is your original idea, was actually patented previously. To answer this question, you need to perform a patent search. A good patent search will define what has been patented, that is related to your invention. It can also help you decide how to position your patent between the patents already issued or pending in your subject area.

2. Can you afford the cost of a patent attorney to prepare the patent for you? If you can't afford the $10,000-$20,000 that a patent attorney will charge to do the whole job, you can do much of the process yourself and save money. However, there are parts of the patent that are essential for a patent attorney to perform. The most important of these are the claims. If the claims are not correctly done, then the patent will likely not be defendable. Strong patents are worth much more money!

3. You must pay the patent office fees for you invention submission. The government fees are something that you can't get around. Now the waiting begins. It may take up to 2 years before your patent is actually issued. Part of the delay, may be requirements for adjustments to the filed patent by some whimsical patent agent. You must be prepared to make the necessary adjustments that are requested by the patent office. If you don't respond to their requests in a timely manner, your patent application will be considered abandoned. At least you now have patent pending status.

4. Is your patent commercially feasible? What if you have spent your money and your time to get a patent, and no one feels it is valuable? A little market research before you begin the invention submission patent process is a very good idea. A few questions that you might want to ask are: "What is the demand for your product?" "Are the other products out there that can do the same thing?" "Can it be sold for a price that will yield a satisfactory profit after costs?"

If you really have faith in your revolutionary idea, then it may be worth exploring whether it will be able to cross the above barriers. The cost that you incur to overcome each of these barriers is your bet that your patent will be a financial success. Your submission of your invention to the patent office may just be your ticket to financial security!

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Can I Really Sell My idea?

Yes; however, it is important to understand what you need to have in place to increase your odds of success. As you move your idea through the invention and patent process, your odds of success increase as your idea becomes more tangible and real.

The notion of selling or licensing an idea without any effort or development on behalf of the inventor is a misconception of many inventors. Although I believe anything is possible, it is important to be realistic about your odds of success with an idea. Many inventors believe that a company will license or buy their idea and pay a royalty, even though they have not taken the time to move the idea forward with a patent search, patent pending or any type of professional presentation, development or proposal. This is unlikely; to increase your likelihood of success, you should be prepared to move your idea forward beyond just a concept or thought.

Next, when it comes to royalties or payment received for licensing your idea, it’s vital that you have realistic expectations. Don’t expect to receive a 50/50 split on the profits from a company for licensing your idea. A company may end up spending hundreds of thousands of dollars developing, manufacturing and marketing your idea…so a 50/50 split would not be reasonable. Typically, an average royalty can range from 3-5% of net revenues received by the company for selling the product. The royalty rate is negotiable and may fluctuate based on the margin and/or sales volume of the product.

Overall, the key to selling your invention is having a good idea to start with, then taking some steps to protect and effectively present the idea to companies.

There are no guarantees…

The reality is that there are no guarantees for success. Regardless of how great your idea is there are absolutely no guarantees that your idea will ever make money. Great ideas can fail for many reasons, such as poor marketing, lack of market or scarce financial resources. Additionally, ideas that may seem less than stellar can often make millions for example, the Pet Rock or Chia Pet. The invention process can be exciting and rewarding; however, you’ll need to approach the process with realistic expectations and a willingness to do what it takes to succeed.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Steps to Conduct a Patent Search

A patent refers to the right granted to an inventor for discovering any new machine, useful process or a manufacturing item. This right gives patent holder the right to prohibit others from using, making, patent sales or selling in US the claimed invention in patent exchange for full disclosure of invention. A patent is a simple way of protecting any discovery or invention.

For conducting a patent search, there are few things that are needed such as US patent applications, patent marketing services, patent file histories, patent referral services, patent software and patent searching service. Here we provide you with some steps that need to be followed for conducting a patent search.

Conduct self-search

• First determine which kind of patent you want to seek. Utility patent covers up functional facets of invention whereas the design patent covers up only the appearance of invention.

• Access patent database online like the ones offered by U.S. PTO (Patent and Trademark Office) and IBM. Find out the most important categories and sub-categories for the invention.

• Read out class descriptions in database for finding out, which are the ones that hold immense significance.

• Review all the patents that are issued within the categories or classes.

• Carry out the keyword searches for the potential invention. Don’t leave any stone unturned.

• Gather your entire patent search results in report.

Hire Professional Experts

• You need to know the options first—a patent attorney or patent agent or lay searcher. Patent agent is the one having a technical training and is licensed by U.S. PTO for preparing the US patent applications. For finding out patent searchers, you can have a look in yellow pages under the category of ‘Patent Searchers’.

• Make use of the searcher’s services proficiently. Do this by offering the searcher with complete and clear description of your discoveries or invention along with drawings.
• Analyze the searcher’s response methodically.

Warnings and Tips

• You mustn’t be concerned about compromising your invention’s trade secrets while corresponding with the professional searcher. The information exchanged is regarded as confidential.

• Most of the search reports include the following: description of the invention or discovery provided by searcher for confirming absolute understanding of the invention and to just indicate what has been searched; list of references and patents discovered at the time of search, brief discussion about found patents and the references etc.

• In order to have a thorough patent search with utmost accuracy you should be well aware about all the practices and techniques related to it. It is better to gather further information on the matter before you try your hands on it.

• Always try to have legal references and seek consultation from a patent attorney. This will guide you to up-to-date and comprehensive information.

• Inadequate or incomplete patent searches can simply waste money and time. Search comprehensively to ensure your plan is patentable and doesn’t infringe on the patents, which are in effect.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

How do I apply for a Fiance Visa?

Author: Rachel Immig

A Fiance Visa, also known as the K-1 Visa, allows the foreign fiance or fiancee of a U.S. citizen to enter the United States and marry the US citizen within 90 days. After marriage, the spouse can apply for an adjustment of status to permanent residence.

The Fiance Visa application process is a multi-stage process that needs a lot of organizing and tracking of different forms.

Initially, the U.S. Citizen has to file a petition with the US Citizenship and Immigration Services (USCIS) using the Form I-129, Petition for Alien Fiance(e) and Form G-325A, Biographic Information. The foreign fiancee will also need to fill out a form G-325A. The information supplied on this form can be used by the government to do a background check of the fiance(e).

The US citizen will receive the Notice of Action from the USCIS acknowledging that the petition has been approved. When he/she receives this notice depends on the processing time taken by the service center at which the fiance visa was filed. The approved petition is forwarded to the National Visa Center which in turn will forward it to the foreign fiancee's embassy, as listed in the I-129F, Petition for Alien Fiance(e).

Once the U.S. Consulate receives the NVC notice of the approval of the Fiance Visa petiton, it will send foreign fiance(e) an interview notice, some additional fiance(e) visa forms and instructions. The forms and the instructions vary among Consurlates. (Usually it contains Form DS-156, DS-156K, DS-230). The Fiance(e) Visa application will include a medical exam by a doctor approved by the US consulate or USCIS. On the day of the interview, the fiance will be expected to arrive at the Consulate with the forms and documents as mentioned by the Consulate. This should also inclued Form I-134 (which has been filled by the US citizen sponsor and sent to the fiance.)

Within a few days of attending and being approved, the fiance(e) will receive from the Consulate a visa to enter the United States. The fiance(e) has 6 months to enter the United States. The Fiance(e) Visa is a thick, sealed envelop that must be presented to a U.S. Border official unopened. The border official will stamp the fiance(e)'s passport with the K-1 Visa and give him/her an I-94 card showing the 90 days duration of the visa. Children below the age of 21 may be eligible to accompany the applicant on a K-2 Visa.

The foreign fiance(e) should start working on the “Green Card” application as soon as he/she arrives in the United States. USCIS expects the foreign fiancee to file it before the 90 day expiration of his/her fiance(e) visa. If a “Green Card” application is approved then the foreign fiancee will be given conditional residence.

The Conditional Resendence status means that the status will expire in two years after which the USCIS will take a second look at whether the marriage is indeed real (bona fide) before it allows the foreign fiancee to stay permanently. To remove the conditions on the residence, the conditional resident will need to submit a petition - Form I-751, Petition to Remove Conditions of Residence) to USCIS. This petiton has to be submitted within 90 days of the date of expiration of the conditional residence status.

When the petition is approved, the applicant becomes a lawful permanent resident. Further down the road, the permanent resident can apply to become an American citizen through naturalization.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

TN Visa or H-1B Visa - A Canadian Quandary

Canadian citizen professionals often find themselves in a bit of a quandary when initially researching the various U.S. immigration work visa options available to them. Assuming that they are not transferring from a Canadian company to its U.S. office, and therefore the L-1 visa is not available to them, Canadian citizen professionals typically find themselves contemplating the TN visa and H1B visa and the differences or similarities between the two.

TN Visa Overview
The TN Visa is a nonimmigrant work visa for professional workers who are citizens of Canada and Mexico and whose specific occupations appear on the schedule created by NAFTA (Appendix 1603.D.1 of NAFTA). Please see the following link for an overview of the specific occupations and required education and/or experience from the schedule created by NAFTA: TN Occupation List. The TN visa is particularly beneficial for Canadian citizens as they can process their applications directly at a port of entry without obtaining prior USCIS approval or without going to a consulate for a visa stamp.

H1B visa Overview
The H-1B Visa is a nonimmigrant work visa under the Immigration & Nationality Act, section 101(a)(15)(H), for professional workers from all over the world that allows foreign nationals to be temporarily employed in the U.S. in a specialty occupation. A specialty occupation is defined as requiring theoretical and practical application of a body of highly specialized knowledge in a field of "human endeavor." Some common occupation categories are as follows: computer and internet technology, marketing, law, accounting, finance, mathematics, architecture, engineering, sciences, medicine, education, business, arts, public relations, various technology fields, fashion, etc. With the exception of fashion models, the H1B visa r
requires at a minimum the attainment of a bachelor’s degree or its equivalent and state licensure if required.

TN visa v. H1B visa
When deciding between the TN visa and the H1B visa, a Canadian citizen may want to consider the following details.

Visa Duration: H1B visa is granted in three year increments for a max period of six years (unless a labor certification has been pending for at least one year or he/she has an approved I-140). Thereafter, an H1B visa holder must leave the US for at least one year in order to avail himself or herself of more time on the H1B. In addition, any time spent on the L-1 Visa is also counted towards the six year period. TN visa is granted in three year increments for an unlimited period of time.

Ease of Obtaining: The H1B visa can only be obtained after an employer files a Labor Certification Application and submits a lengthy I-129 application to USCIS regarding the details of employment. The TN Visa can be obtained directly at a port of entry with a detailed letter from the employer concerning the position and evidence from the Canadian citizen concerning how he or she qualifies for the position.

Timing - Initial applications: Unless the H1B employment will be at a non-profit research organization or a university, you can only initially apply for the H1B visa on April 1st. You can apply for a TN visa anytime during the year.

Start date - initial applications: Unless your H1B employment will be at a non-profit research organization or a university, you cannot start working any earlier than October 1st, following the April 1st application date. You can start working in the TN status as soon as your application is approved at a port of entry.

Quotas/Lotteries: The H1B visa has a max quota of 65,000 every year for the regular category and 20,000 for the master’s degree category. When this cap fills up as it always has in recent prior years, there is an H1B visa lottery. The lottery means that some people who apply and qualify for the H1B visa will not get it due to the large number of people applying, as some applications will not make it through the lottery. There is no quota or lottery at all with the TN visa. If you apply and qualify and have presented a professionally prepared application then you will receive the TN visa (also assumes you don't have any grounds of inadmissibility).

Government Filing Fees - Initial applications: At a minimum, the H1B filing fees are a total of $820 for those who will be working at a non-profit research organization or university. At a maximum, the H1B filing fees are a total of $2,320 for those who are working at a company with more than 25 full-time employees. This
doesn't include the $1,000 for premium processing. The TN visa has a government fee of $56.

Renewals/Extensions: Unless a Labor Certification Application has been pending for a year or more or you have an approved I-140, the H1B visa can only be renewed for a max of six years. In theory, the TN can be renewed indefinitely.

Dual intent: The H1B visa allows for dual intent, which means an individual in H1B status or an individual applying for an H1B visa can have immigrant intent, i.e. they can have intent to reside permanently in the U.S. and apply for a green card. One cannot have an immigrant intent when either applying for the TN visa or while in TN visa status.

Transition to a Green Card: The transition to a green card can appear at first glance to be problematic for a TN visa individual because of the fact that the TN visa doesn't have dual intent, unlike the H1B visa status. However, there are ways around this issue without transitioning to the H1B visa status. One of the ways which has been successfully used by many individuals is to consular process their green card in Canada as opposed to adjusting their status in the U.S. If one is in the H1B status, they can adjust status to permanent residency inside the U.S.

Conclusion
As you can see from the above, the TN visa is quite favorable to Canadians who fall within one of the occupation categories of the visa. For the most part, it's much more sensible than the H1B visa. One of the only few perceived advantages of the H1B visa is the dual intent aspect, but, contrary to popular belief, one can properly navigate the dual intent issue in the TN status with the assistance of effective and experienced legal counsel.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic