12/13/13

Internet Law and Copyright Infringement – Where Does the Burden of Proof Lie?

downloadThe Internet is here to stay, of that we can all be sure. It is practically impossible to imagine our modern world without contact through the Internet, without the massive wealth of information available, without all the blogs and forums and chat rooms which have sprung up over the last two decades. Also here to stay is the constant discussion on what is acceptable in the Internet, on where national and international laws are enforceable and how they can be enforced, or who should be responsible, and this is especially relevant when it comes to copyright laws.

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04/25/14

When It Comes To Personal Injury Cases, We Have The Secrets

There can be no doubt that personal injuries have the power to cause negative effects in the lives of their victims well into the future. If you’re injured due to someone else’s actions, you need a good personal injury lawyer. Read the below article for excellent tips on increasing your chances of winning.

Look towards your friends and family members for advice on the personal injury attorney to choose. Make sure that they know someone who specializes in this field or who has successfully represented them in the past. This will give you the best chance for success in regards to your particular case.

Try considering only experienced attorneys that focus on personal injury law. Since this type of a law is a niche, it is important to find an attorney that concentrates on personal injury instead of one that is trying to be a jack-of-all trades. You also want someone with several years of experience in the niche, not one that has to study up on it for your case.

Look for an experienced lawyer. While there are a lot of personal injury lawyers, not all of them are experienced. Personal injury law is extremely complicated, and an inexperienced lawyer may not be able to get you the outcome that you deserve. Look into past cases that they have handled to see if they were able to secure a substantial monetary settlement.

Hire a lawyer as soon as possible. If you have been injured, try to start the process of locating a lawyer within a week or two at most. If you have been hospitalized, or are otherwise too injured to do the work yourself, enlist the help of a friend or family member. A lawyer is your best bet for a successful personal injury claim outcome.

Whenever you become injured due to another person’s negligence, the negative consequences on all victims can be severe. Therefore, being aware of excellent personal injury tips is crucial for winning your case. Hopefully, the tips above can help you make sure that happens.

04/25/14

Help For Dealing With Personal Injury And The Law

Many things happen in life beyond your control. Personal injuries happen to thousands of people each year. Though some injuries cannot be prevented, the way you deal with your case is your decision. If you are about to go into battle regarding a personal injury, this article will be of use to you. You will learn about the legal process and how to select the best attorney.

If you lost income as a result of your injuries, you will need proof for court. Speak with your employer and ask them to give you a statement that outlines how much money you earn and how many days of work you missed because of what happened to you. Depending on whether you earn an hourly wage or not, your income tax return could also be valuable documentation to bring with you.

Try to learn about the basics of how a personal injury case is evaluated. Similar to a stool, they are mainly evaluated on three principles: liability, damages, and collectability. Liability refers to how bad the action is, the evidence, and the facts of the case. Damages refers to the seriousness of the injuries and the opinions of witnesses and medical staff. Collectability refers to insurance coverage, policies, and assets.

Never hire a divorce lawyer to oversee your personal injury case. This may seem like common sense, but many people feel that the lawyer they’ve already dealt with is great, so why not get them to help? Instead, ask them for a referral for someone who specializes in this type of law.

Make sure that you utilize all the excellent knowledge provided here. For your case to succeed, your lawyer must take into consideration what is best for you. It is important to do some research and assess the extent of your injuries carefully before you decide to go to court.

04/25/14

Should You Should File Personal Injury Claim?

One personal injury can really take over your life. In order to receive a monetary compensation for your injury, you will have to sue the people involved with your injury. There are a lot of attorneys out there and legal aspects of personal injury you need be aware of. Read the following article to gain an insider view of the personal injury settlement process.

Never let anyone that is at fault for your injury convince you that you should take a payout without contacting an attorney. The amount they offer may sound fair, but they is no real way to be sure of that without contacting someone that knows exactly how much your damages are worth.

Speak with your personal injury lawyer to determine whether or not it is possible to settle your dispute before it hits the court. This will both save you time and lower the amount of fees you have to pay the court.

There is no rush, so slow down when seeking out a personal injury attorney. Take your time and check out all of your options. Do your research for each both in person and online. The more time you take to select the best lawyer, the more likely you are to truly get the best.

Consider the need that you are getting the lawyer for. There are many areas of expertise for lawyers, as it is imperative to find one that deals with personal injuries. Hiring a lawyer that is simply average across the board will not give you the best chance to win your case.

Don’t let a company victimize you after you’ve suffered a personal injury! It is within your right to sue and receive compensation for your troubles. The following article has lightly touched upon the topic of persona injury. In order to ensure that you get a fair settlement, apply all that you’ve learned today for success.

12/13/13

Infringement of Copyright – What Kind of Damages Are Available

images (1)Under the Copyright Act, an infringer of a copyright is liable for either the owner’s actual damages and any additional profits of the infringer or statutory damages. It is within the discretion of the plaintiff, or individual seeking to protect his or her copyrighted work, to elect either actual damages or statutory damages. More often than not, the owner will elect statutory damages where that owner has registered the work with the Library of Congress. The reason for this is that the owner may not be able to establish actual damage to the copyright, to the owner’s business, or ill-gotten profits of the infringer in such a way that the total amount is greater than that which is available under the Copyright Act for statutory damages.

That said, it is important to note that courts, within their broad discretion, may look to actual damages suffered when determining what the statutory damages award should be. However, there are limitations within the Copyright Act that control the amount of statutory damages on a minimum and maximum basis. For example, a willful infringement of a registered copyright enables the court to award statutory damages up to a maximum of $150,000. However, where the plaintiff fails to sustain its burden of proving willful infringement, the court may reduce the award of statutory damages to a minimum of $200. Typically, an owner pursuing an infringer will be limited to statutory damages between $750 and $30,000 for the infringement of one work.

While statutory damages are intended to create an incentive for owners to protect their valuable intellectual property, and conversely to deter the unauthorized and unlawful use of another’s copyright, the ability to recover costs and attorneys’ fees is yet an additional motivation of some owners when seeking to redress copyright infringement. Once again, the importance of a federal registration of a copyright becomes clear because not only are statutory damages available, but attorneys’ fees and costs are also available in an infringement lawsuit.

In sum, it is important that an owner understands what damages may be available to redress infringement of copyright. Likewise, an entity accused of copyright infringement should understand not only the legal exposure, but must also understand the financial exposure. With these principles in mind, owners can make educated decisions regarding which works to protect with federal registrations, how often to file such registrations, and whether to file as compilations, understanding that infringement of such compilation will be limited to statutory damages for one work.