Legal

Many artists have asked me recently about protecting their images from online theft. Downloading photos from websites is as easy as 1-2-3 so… what can you do to protect your work, and more importantly, should you be worried about it?

1. Why is your work online?

Let’s start by examining the reasons you have put your work online in the first place. As an artist, having a website means that millions of people and potential collectors are able to see images of your work for free. A digital portfolio can reach potential galleries, collectors, art critics, curators, museums, friends and family. To ensure your site will be seen by as many people as possible, it needs to be easily accessed, should be easy to navigate, with clear images that are large enough to be seen properly on most monitors, yet not too big that they will take too long to download .

Making it easy for everyone to see your work of course makes the images vulnerable to theft. What tools are available to prevent theft and are they effective?

2. Are the tools to protect images effective?

There have been many attempts to prevent theft from websites, from disabling right-click to putting watermarks on images. Unfortunately, most of those have simple work-arounds that any tech-savvy thief will know:

- Flash site: though you cannot download an image from a flash site, anyone can use the print screen function to get an image. Get a flash site because you like the look, not because you are told it will protect your work from copyright infringement
- Disabling right-click: this will annoy anyone who legitimately wants to promote your work (a blog reviewer trying to post an image of your work for example) yet is easily circumvented.
- Watermarks: to be effective, the watermarks would have to be so big that no one (including potential collectors!) would be able to see the image properly. But, a watermark which allows the image to be seen unscathed can easily be removed by anyone with some Photoshop expertise. Watermarks, then, seem to be a doomed proposition.

3. Who are the thieves anyway?

Let’s stop for a minute and think about the purposes of our potential thieves. Possibly the most threatening would be someone stealing images for mass printing and distribution. Imagine walking into a Bed and Bath, and seeing your paintings on shower curtains!

Here, your best defense is the web itself: images prepared for the web are usually not suitable for printing, because they are at a low resolution (72 dot-per-inch) and are typically fairly small (on average about 500 pixels or less than seven inches).

A licensing company usually has large pools of artists doing work for them, and basically do not need to steal art that will reproduce poorly on their products, and lower their quality.

4. Can nothing be done?

If you are truly worried about copyright infringement, you can register your images with the government (see the government site at www.copyright.gov). The current cost to register is $45. You do not need to register to obtain copyright. According to the law:
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.
You only need to have the copyright registered if you wish to take legal actions against someone:
Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.
Beware that an actual lawsuit against anyone can be quite expensive, and you probably should be comfortable spending up to $5, 000 and risk not recovering any monies.

In conclusion, though the risks of copyright infringement do exist, artists should probably not spend too much time worrying about their images being stolen for nefarious purposes. Most people who will download your images will do so with or without your permission, and usually will not have any criminal intents (bloggers, galleries, friends, students). For those who do, bringing any legal action against them will be costly, time-consuming, and in the end, may not bring any reparations or compensations.

copyright.gov copyright.gov (government site)
StarvingArtistsLaw.com StarvingArtistsLaw.com
vlany.org vlany.org (volunteer lawyers for the arts)
websiteforartists.com websiteforartists.com (author’s site)

Mary and Jim were a happily married couple for ten years before disaster struck. Unfortunately, one night they were drinking a little too much wine and got into a terrible conflict over money issues. Jim, normally a passive and well-respected computer programmer, lost it and threatened to choke Mary, after throwing a chair in her direction. Their 9 year old daughter heard the argument, became scared, and called the police. As a result, Jim was arrested for spousal abuse and taken to jail. To be released, he would need $50,000 bail.

Mary desperately wanted him out of jail, as she was no longer frightened of him. Like most Americans, however, she didn’t have the money to put up the $50,000 herself, so she had to find a Bail Bond company to help her out. Most states license bail bond companies as a way to ensure that a defendant will show up in court. If the defendant does not appear, the Bail Bond Company is on the hook for the $50,000. To assume this risk, Bail Bond companies charge a “premium” which is usually 10% of the bail amount. In this case, the premium would be $5000. This money belongs to the Bail Bond Company, no matter what the outcome of the court appearance is. Some Bail Bond companies offer discounts for certain categories of persons - like union members, veterans, or clients of attorneys who frequently refer to a particular Bail Bond Company. Discounts can sometimes result in 8% or 9% premiums, instead of the usual 10%.

Mary decided to call her attorney for a referral. He recommended one in particular which he liked because he had gotten good feedback from his clients. To check further, Mary reviewed the company’s website and was impressed with the services offered.

She called and was immediately comfortable with the licensed agent she spoke with. The agent offered to meet with her immediately and arrange for Jim’s release. She reassured Mary that their company would be with her and Jim every step of the way during this very trying, embarrassing, and difficult time.

Points to consider when picking your Bail Bond Company, should you ever need one, would include the following:

24 hr local and Nationwide Service. Do they have a licensed agent who can meet you immediately at a convenient location for you?

Can they arrange bail by fax, if needed?

Do you feel comfortable with the agent you speak with?

Do they have a payment plan you can afford for the balance of your premium? (If you cannot afford the full premium payment up front)

Do they allow premium payment with 0% interest or do they charge interest on your outstanding balance?

Do they offer rebates or discounts on the premium amount?

Do they offer referrals to community services to help you and your family put the pieces of your lives back together after jail release?

Picking the company that is right for you can pay huge dividends down the road, as your family copes with the stress and trauma of being involved in the legal system.

Dr Tony Fiore is a psychologist and anger management trainer. He is also a community resources consultant to Penny Bail Bonds and The Bail Bond Store which provide thousands of mental health, substance abuse, and other resources to help you put the pieces of your life back together. For more information, please visit

Court records pertain to all the files and documentation kept by a court before, during and after legal proceedings. It is usually the task of the court reporter to keep a faithful record of what transpires during a session in court and it is from this transcript that court records come about. Along with the transcript, other documentation is also included in court documents such as legal forms, evidence, and other related files.

Different groups of people require access to court records for a variety of reasons. For instance, reporters and journalists usually request for court proceedings to get more information about a story that they are working on or to get the ‘first scoop’ on a recent occurrence.

The legal community is another group of people actively involved in acquiring court documents, whether it’s to conduct research or build a case. For the latter, previous court records may be used against someone involved in a current court case.

Collectors and creditors are often eager to determine the outcome of a case and will need court documents to justify that their debtors need to pay them immediately according to what the law has ruled. Court proceedings become proof that they can now pursue their non-payers, especially if their settlements have been granted or if it has been recognized that the latter is financially capable of making payments.

Electronic court records, available on the Internet by request, has been met with opposition because of the threats to the personal privacy of those involved in the cases. However, most county and state courts believe that since these are matters of public record, making them available whether through actual offices or virtual offices in cyberspace do not make much of a qualitative difference. Actually, it remains of utmost importance that these court records are accessible to the general public to prove the integrity and transparency of the judicial system.

While recognizing the right of the public to information, the safety of those mentioned in court records must also be upheld. Since court documents need to be filled with accurate details, releasing them to the public should never be at the expense of the proper enforcement of the law. The danger is not only a forever tarnished reputation; it is also very likely that someone may want to seek revenge and as such ‘track down’ people involved in a particular case.

It is thus up to the court to decide, particularly in cases where a lot of sensitive information is involved, when access to court records should be given. It is usually limited to members of the court and parties to the litigation but if just cause is provided by a member of the public, then they may be given to them as well.

Want to Know the Top Sites to Find Court Records? Read Dr. Amit Mehta’s Unbiased Reviews ==> recordssitereviews.com/court_records.php RecordsSiteReviews.com

Spending money on legal fees is a part of our society, especially in the healthcare industry. There is a time and place for the legal system in healthcare, but more and more we unfortunately see instances where legal fees are unnecessary or high, resulting in a significant impact on doctors and nurses and the services provided to patients.

Some of the rising cost of healthcare is directly related to an existing crisis in our country. One of the most significant aspects of consumers’ relationship with the healthcare industry is that when things go wrong, one of the first things that happens is someone hires an attorney for a malpractice suit.

Because of high costs for healthcare insurance coverage, we now have 41 million people in the United States going “bare.” What this means is that in addition to the individual not getting proper care, doctors and nurses are now faced with a major challenge specific to out of control malpractice coverage. In other words, uninsured patients, doctors have to find a way of protecting themselves in case of error or mishap.

More than $10 billion is spent annually in the U.S. for malpractice and legal costs arising from absence of or inadequate healthcare coverage.In addition to out of control malpractice premiums due to the current tort system, we also see a 50% increase in median jury awards and a 40% increase for median out-of-court settlements.

The frightening thing is that no end is in sight. Because jury awards are increasing, the need for robust malpractice insurance and legal coverage also increases. When you consider the cost of a doctor or nurse battling malpractice claims, you are looking at significant monies. Even maintaining legal counsel and malpractice insurance coverage is enough to put some medical professionals out of business or at least push them to a less risky field of medicine.

While it’s tempting to throw the blame on attorneys’ charges, the underlying issue is that we need better healthcare solutions. In addition, we need laws that better protect medical professionals from frivolous lawsuits filed by money-hungry without a valid claim.

Now, we have seen a proposal by the President with renewed attention on capping awards specific to pain and suffering in malpractice lawsuits. True, this does shed some light on an all-important matter but we still have a very, long way to go. The solution to high legal costs in healthcare is not a cut and dry case. We need to boost our nationwide health coverage, toughen our laws, and ensure doctors and nurses are properly trained. Most importantly, the hospitals and clinics that staff medical professionals need to put strict guidelines in place to reduce risk for malpractice and the ever-increasing legal dollar.

Richard A. Hall is founder and President/CEO of LexTech, Inc., a legal information consulting company. Mr. Hall has a unique breadth of experience which has enabled him to meld technology and sophisticated statistical analysis to produce a technology driven analytical model of the practice of law. As a busy civil trial attorney, he was responsible for the design and implementation of a LAN based litigation database and fully automated document production system for a mid-sized civil defense firm. He developed a task based billing model built on extensive statistical analysis of hundreds of litigated civil matters. In 1994, Mr. Hall invented linguistic modeling software which automatically reads, applies budget codes, budget codes and analyzes legal bill content. He also served as California Director and lecturer for a nationwide bar review. Mr. Hall continues to practice law and perform pro bono services for several Northern California judicial districts.

I’ve looked at a number of DNA mark kits and outlined my findings here. As this is not an advertisement, I have excluded brand names and trademarks.

Prices vary from £10.00 up to around £50.00 and it really is a case of ‘you get what you pay for’.

The DNA mark kit that comes in at £9.99 is a cheap looking felt tip pen, the type you buy for your kids as a throwaway. The real deterrent is the sticker that warns a would-be burglar that property is DNA marked.

The pen has no nib as such; the busy end looks just like the fibre wadding where the felt tip ink would be and carries a clear medium that transfers your DNA to the property to be marked.

The ‘DNA mark’ is invisible. How would the Police find an almost invisible mark? You might ask. The makers suggest; “The client tells the officer to obtain a 10 or 15 X magnifying glass and a strong torch light and shine the light at an angle of 45 degrees where the few microns depth of the mark can be made to show up”.

There are a few serious flaws such as police time and logistics. If police discover a number of DVD players in the home of a known burglar, they will more than likely scan it a black lamp looking for UV property marking but your invisible DNA won’t show. It is likely that you will not see your property returned.

However, there could be a string of happy coincidences such as you telling your local village bobby that you have been burgled and all your property has your DNA on it, he happens to stop someone with property that he remembers belonging to you and using his 10 or 15 X magnifying glass and a strong torch light and shine the light at an angle of 45 degrees, sees your secret mark! The good old fashioned British Bobby at its best. Sadly Dixon of Dock Green has long gone.

There are cost implications in recovering DNA and converting it to evidence, the Forensic Science Laboratory conducts this and the police are faced with the bill (pardon the pun).

They are likely to opt for traditional property recovery techniques such as proving to the burglar that ‘it’s a fair cop’ and asking you to physically identify your property with serial numbers, photograph or even receipts.

The £9.99 kit is available through a network of individuals who have paid £10 for a ‘license’ to sell the DNA mark kits locally. The resellers are not security checked and can buy their business opportunity via internet auction sites and other advertisements. £10 gets them into the security business!

A police recognised product is Smart Water Tracer, designed for the protection of domestic and household possessions as well as commercial assets. The unique forensic fingerprint is practically invisible to the human eye. However it fluoresces under ultraviolet light that police use as standard, and is virtually impossible to completely remove.

The cost is around £45.00 and claims to reduce the risk of burglary by up to 83%. Police support SmartWater as it has enabled them to obtain a 100% conviction rate in court. The kit also includes warning labels to deter thieves and it takes just 20 minutes to mark property in a typical house.

The choices are spending £10 on the unknown or £45 on a commercially recognised property marking kit.
Back to DNA Marking kit. For around £50 there is another DNA Property marking kit, this one boasts he UK Secured By Design accreditation, not easy to get and very important. This too comes with warning stickers the unique DNA resides in a pot of special glue to apply to your valuable items of property. Once this glue is applied, removal of the entire DNA marking from an item is almost impossible. It is invisible to the human and can only be located with a UV lamp and remnants of the DNA will easily remain in crevices and uneven surfaces.

The added benefit is that the DNA code along with the customers details are held on a secure LPCB (The Loss Prevention Certification Board ) approved database and allows recovered property to be traced back to the owner after analysis. Forensic testing will pick up even a tiny molecule of glue and can be used to determine whom the item really belongs.

There is a DNA Print kit that retails around £40 with a patented and technically advanced UV product that is saturated with selected sequences of DNA strands embedded in the security ink. By simply placing your thumbprint on the objects that you wish to protect and/or writing your personal code or number on them using the DNA UV Security Writing Pen, you will have peace of mind knowing that if items are ever lost or stolen, and subsequently recovered, they can be scanned by the DNA UV Detector to illuminate your invisible marks and prove ownership.

This DNA print kit has more items than the others mentioned, the kit includes…
DNA UV Security Ink Pad to DNA mark hundreds of objects with your personal thumbprint, DNA UV Security Writing Pen this is designed to invisibly write your personal information that can identify you as the owner, DNA UV Detector with Pen to Illuminate invisible marks. Inventory Ledger to record the location and type of invisible marks placed on your property. And Tamper-Proof Tags to alert the police that recovered items are tagged with DNA UV security markings.

DNA was used to protect all licensed merchandise for 2000 Summer Olympics in Sidney, Australia, the work of famous artists such as Joe Barbara (The Flintstone’s) and Thomas Kincaid and the property of a major film studio. It was also used to protect items from athletes like Mohammad Ali, and Mark McGuire’s famous 70th home run ball.

Now you can take advantage of this cutting edge technology to protect your property with indisputable identification.

Digby Farquart is a

Currently we have so many regulations in Franchising in the United States that it is hurting the Industry something terrible. Sure Franchise Lawyers and those paper work pushing bureaucrats love the job security, but it is hell on a franchise organization with 15 different sets of rules and regulations. None of which are the same as that of the FTC or Federal Trade Commission. What we really need is one set of rules, which are all the same. Not only in the 50 states and many territories, but also in other nations too; all Franchise Rules and Regulations should be synchronized.

Do I believe one set of rules will ever happen? Do I believe that we can start from scratch with a better and a more fair way for all parties of the franchise? No. After all, Ontario, Canda had a chance to start from scratch and now we just have more of the same. Lots of Lobbying, input, letters, and debate and what do we have? Just more of the same, more barriers to entry in the never ending blob of bureaucracy and it is happening all over the world, which is tying the hands of franchisees and franchisors in their ultimate goal of profitability and market share.

Would someone please tell all these countries who are making franchise rules not to copy the US System it sucks, it’s broken and if these other nations really want economic growth they need to keep any and all franchise rules to a bare minimum. Consider all this in 2006.

“Lance Winslow” - Online WorldThinkTank.net/wttbbs/ Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance in the Online Think Tank and solve the problems of the World; WorldThinkTank.net www.WorldThinkTank.net/

According to its founders, nothing is as inflexible as law. However, as time passed and society amended, and the most importantly the existence of legal and paralegal professionals, law has become very flexible. It is the “politics” that should be very flexible with reference to time and place however, it its modern time, law was converted to be as flexible as politics. 1. What is/are the reason(s) for such the change? And 2. Whether it is good or bad? The following paragraphs aim to answer the above two questions.

Regarding the first question, I have two reasons to verbalize. In the first place, is that the society is changing and always changing too fast and the law must follow such the social changes. For example, in the earlier time, there has never been any internet or email, so law to generates such the multimedia means did not exist. However, after the internet and email exist, the law must exist to prevent internet and email from making social problems. Law must follows every development in the society; sex-oriented television, protections to foreigners and its own citizens, multimedia, online and print media, just to name a so-called few. Not only the development arises in its own society, the law must also follows the development brought in by other countries; for instance inter-state adoption and marriage with foreigners. The law was already imperfect, while the society was small and not diverse, how would you imagine the law when the society becomes unlimitedly diverse?

To me, broad social diversity results in legal loopholes, ambiguity and complexity.

In the second rank, because the State legislative body, non-state legal and paralegal entities and individuals want law to be flexible for their institutional or individual benefits. For very practical examples, a State legislative body would not make the law that undermines its leader’s or members’ powers and authorities. Royal family would always solidly preserve the law that grants its power to give pardon. Individuals, such as lawyers and other legal and paralegal public or private professionals would prefer law to be subject to loopholes, ambiguity and complexity, so that they can interpret for their own benefits and have many works to execute.

It is good or bad? Everything is always bad when it derails from its origin. As said earlier, law was founded very inflexible, not like politics which is widely accepted to be very flexible. However, I do confess that we will never ever return the law back to be inflexible, since every society encourage personal and institutional growths as the goal of liberal democracy. But we always can do better.

This article was finished at 11:49A.M., Cambodia’s time.

Lay Vicheka is a Content Manager of Search Newspaper and Manager-General of Cambopedia Translation Co. Ltd.Any question concerning Cambodian laws, politics and issues are welcomed.

Business contact: 192 Street 63, Boeung Keng Kang I, Chamkar Mon, Phnom Penh, mailto:info@search.com.kh info@search.com.kh, tel: (855)23 996 633, (855) 11 268 445.

Personal: No. 221H Street 93, Tuol Sangke, Russey Keo, Phnom Penh, mailto:vichekalay@yahoo.com vichekalay@yahoo.com. Tel: (855) 11 268 445.

You can transfer the copyright to an image, either by selling it or giving it away. If so, you give up all rights that you had in the image as if you never took the photograph. But the only way to give up a copyright to an image is in writing.

Even when copies of a photo are distributed, the photographer retains the copyrights to the image. If you give your client copies of the digital files, without more, you are not giving up your copyrights.

You also can give specific, limited rights for the use of that copyright, while maintaining ownership of the copyright for the image. It’s called “licensing.” For example, you give a magazine the limited right to print one of your photos. You send a copy of the digital file or the negative/chrome, but you state that you are granting the magazine specific limited usage of the image, whether it is for printing 100,000 one-run copies, for a specific time-frame, or however you want to specify the license. In a portrait or event business, you can give copies of the images to your clients so that they can have prints made. Limit their rights to personal use, only, and you keep them from selling the images to the Enquirer.

It’s the closest thing to having your cake and eating it, too. Unless you state specifically in writing and sign the document that gives your copyright to an image to someone else, you keep the copyright, regardless of what else you do.

Copyright 2005 Carolyn E. Wright

— ABOUT THE AUTHOR —

Carolyn E. Wright, Esq., has a unique legal practice aimed squarely at the needs of photographers. A pro photographer herself, Carolyn has the credentials and the experience to protect photographers. She’s represented clients in multimillion dollar litigations, but also has the desire to help new photographers just starting their careers. Carolyn graduated from Emory University School of Law with a Juris Doctor, and from Tennessee Tech University with a Masters of Business Administration degree and a Bachelor of Science degree in music.

She wrote the book on photography law. “88 Secrets to the Law for Photographers,” by Carolyn and well-known professional photographer, Scott Bourne, is scheduled for fall 2005 release by Olympic Mountain School Press. Carolyn also is a columnist for PhotoFocus Magazine.

Carolyn specializes in wildlife photography and her law website is photoattorney.com photoattorney.com.

DNA tests are becoming more and more popular but should you have a DNA test? Before deciding to have a DNA test there are a number of things you need to consider. In this article we will be discussing some things you should consider before having a paternity test, an ancestry DNA test or similar DNA tests.

Firstly, if you are considering a paternity DNA test, think first about the situation at the moment; how old is the child now and what is your current relationship to the child? If the child has not yet been born is a newborn baby and you have not yet been able to bond with the child because of uncertainty as to whether you are the father or not then having a paternity DNA test may be the solution for you and these tests can help cement family relationships that are not yet established by confirming who the father is. If, however, the child is older and you have already formed a relationship with the child as its father then paternity DNA testing can actually have negative consequences; what happens if you suddenly discover you are not the father? How will this affect your future relationship with the child? You will need to think through these issues carefully before deciding to go for a paternity DNA test.

These factors also need to come into consideration if you are testing for other family relationships – for example grandparent DNA tests, sibling DNA tests, etc. No matter what the relationship it is important to consider where the relationship is at currently and how you expect the DNA test to change the relationship. It can be an extremely traumatic experience to discover that what you thought was the relationship between you and someone is actually not the case.

What about genealogical and ancestry DNA tests? If you are considering going for an ancestry DNA test you should think about how the results could influence your life as well and how you would feel about obtaining different results. In one case someone who thought they were African American discovered that they actually had no African blood in them but a mixture of other races. Having lived their whole life as an African American this presented many problems – who were they really and how were they going to react to this sudden change in their identity? These are questions that you need to consider when considering going for an ancestry DNA test is how it could change your identity.

DNA tests can be very useful and informing, they have many benefits and in certain circumstances can bring families closer together, help build a family tree or contribute to our lives in other ways but DNA tests can also be destructive and it is important when considering whether to have a DNA test that you take these factors into consideration.

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If you are going to form a corporation, you might be surprised to learn a “C” corporation comes with a lot of tax benefits. While this article isn’t intended to replace the advice of a good tax professional, it may serve to open your eyes to the value of a “C” corporation.

“C” Corporation

The “C” in C corporation has a few legal ramifications, but it is primary a designation for tax purposes. Put in layman’s terms, the designation simply means the corporation will act as its own tax entity. In contrast, an “S” corporation acts as a pass through tax entity, pushing its financials down to the shareholder who report the information on their personal tax returns.

The Internet Revenue Code sets out the law on tax and it contains a few juicy provisions for corporations. Lets take a look at one of the advantages.

Incorporating

When a party transfers something of value to another party, the IRS gets interested. It views the receipt of something of value as a taxable event. In simply terms, if you pay me for forming a corporation, I have to report and pay taxes on the money. Since a C Corporation is a stand alone tax entity, what happens when you purchase stock?

You have made arrangements to form a “C” corporation. Now you have to buy stock in it to become a shareholder. If you exchange money or property for the shares, the IRS takes the position no taxable event occurred. In essence, this means the corporation will not have to report you contribution as part of its revenues. If the money isn’t considered a part of the corporate revenues, no tax must be paid on it.

The exact rules for funding a corporation are a bit more complex. With any tax issue, you can expect there to be roughly fifty exceptions and qualifiers. For instance, if you were to exchange services instead of money for the stock, the above example would not apply. Make sure you speak with a tax professional to handle your particular situation correctly.

In Closing

Many people choose a business entity without considering all relevant aspects. Taxes definitely constitute one of these aspects. Make sure you look into them prior to making your decision.

Richard Chapo is with sandiegobusinesslawfirm.com sandiegobusinesslawfirm.com - providing legal services to San Diego businesses.