Legal

If you’re in trouble with the law, your knee-jerk inclination might be to hire the first criminal defense lawyer you can find in a telephone book. Depending on the severity of the crime and your personal background, the need to find a lawyer and do it fast could absolutely be present. But, going with just anyone is not the best way to hire a criminal defense lawyer. It’s important to make sure you hire someone who is not only competent, but also a person you can and will work with.

A good defense lawyer will want your case to be handled as a team effort. He or she will need to rely on input from you as much as possible. He or she will also need to be able to develop a good rapport with you to ensure the case is handled in the best possible manner to obtain a good or at least fair outcome. Inasmuch, it’s vital that you and your lawyer have not only an ability to talk with each other, but also trust each other on a basic level. This will be particularly vital not only if you’re innocent of the charges, but maybe even more so if you’re guilty.

Considering the importance of a working relationship with a criminal defense lawyer, it’s very important to make sure there’s at least a face-to-face meeting before you hire the person. What you’ll be able to find out if you do a personal interview is a whole lot. Within the first meeting with a lawyer, you should be able to:

* See if the person has the kind of personality you can work with. This will be vital, because if you don’t trust them, you might hold back on information that could be very important to your case.

* Has good communication skills. You have to feel like you, too, can trust the person. If you don’t, you won’t get the best possible criminal defense lawyer for your case even if it’s the best lawyer in the state.

* Has a good track record with similar cases. This, too, is very important for ensuring a good defense. A criminal defense lawyer should be versed in the kind of case that you’re facing. A homicide expert might not be the lawyer to bring in to defend a robbery or DUI.

* Has trial experience if you think the case will go that far.

* Trust you. This, too, is important. If you get the feeling the criminal defense lawyer doesn’t trust you, it could be very difficult for the person to give you a solid defense even if he or she really tries. When their heart isn’t in it, it’s your future that could be on the line.

While it’s impossible to tell everything about a potential criminal defense lawyer in a single meeting, you should be able to at least get a decent sense of what the person is about. If you feel comfortable and confident in the person, you’re on the right track. If you don’t, be wary.

More information on criminal lawyers

criminallawyernews.com criminal lawyers

criminallawyernews.com criminallawyernews.com

As a disabled person, I find it disturbing that many hotels, restaurants and shops that offer disabled WC facilities are not only failing under their duties of the Disability Discrimination Act but are in fact putting disabled people at risk of accident or injury.

Disabled WC’s have very specific requirements under the DDA. These requirements are not pie in the sky over the top rules and regulations implemented by those upstairs in government.

A disabled WC compartment has to meet the needs of all disabled people and offer safe transfer both on and off the WC for wheelchair users. The serious lack of facilities such as drop down grab rails and support rails not only makes using these facilities difficult if not impossible, it makes them dangerous and puts the disabled person as risk. Further more it puts the company that offer such facilities responsible and ultimately to blame should any claim of injury arise!

The regulations of disabled WC’s and the facilities offered are very extensive and should never be installed without professional instruction or advice.

Apart from offering safety those installing such facilities need to remember that the DDA requires that for personal hygiene reasons it is important that lavatory accessories such as wash basins, dispensers for soap, toilet paper and paper towels should be installed and readily accessible to a person in a wheelchair and from the WC seated position. Emergency pull cords need to meet specific requirements and be reachable from both the WC seated position and the immediate floor area.

The above only touches on the many requirements of disabled WC facilities, they are extensive and need to be in place and correctly fitted to offer those using such facilities safety and those offering the service protection in the event of a claim against them should an accident happen.

Maybe the needs of disabled people wont make those responsible think, I guess not even the 64 billion pound per year spending power will make them think, but maybe, just maybe the threat of a massive court settlement should an accident result will?

More info see access-auditing.com/disabled-wc.htm www.access-auditing.com/disabled-wc.htm

ableize.com www.ableize.com

spirit-mind.co.uk www.spirit-mind.co.uk

The creative commons license was developed by Creative Commons, a non-profit organization that was implemented for the purpose of gathering creative work that others can build on and share.

A creative commons license allows those who hold copyrights to grant some of those rights to the public, while retaining other rights.

This was originally done because current copyright laws prohibit changing copyrighted information. This enables you to use work that has a creative commons license, but if you plan to sell a product, a creative commons license isn’t really what you want to use.

Furthermore, it is not ethical to use work that has a creative commons license and turn it into a copyrighted product. This is not only unethical, but it can and will damage your reputation and possibly your credibility.

Creative commons licenses are typically used in the academic and creative community, much like Copyleft material – where one person starts with an idea and allows others to add to it to make it better for the greater good, without cost. When it comes to developing products, using work that is in the public domain, as opposed to work that has a Copyleft license or a creative commons license is advised. This is typically more acceptable, and you can do what you want with the work you create from the public domain material, including making a profit. It is best to use a directory to find such public domain works. You can find a great resource through publicdomainmastermind.biz.

Pay attention to how work is licensed. A copyright symbol has a C enclosed in a circle. A Copyleft symbol is a backwards C enclosed in a circle, and a creative commons license is indicated by CC. Public domain work will usually have the copyright symbol, but the copyright term will have expired.

You should not assume that the copyright has expired, however. Instead, you should do your homework and certify that the copyright has expired before using the materials.

Justin K. Grayman
Public Domain Wealth
publicdomainmastermind.biz publicdomainmastermind.biz

fraud

“False representation of a material fact, made by a person who is legally responsible for such a factual statement made by such person with the intention that the innocent party would act based on the fact as stated and which actually induces the innocent party to incur damages. Frequently made contracts are voidable at the option of the injured party.”

acceptance

The verbal or written consent to be bound by the terms of an offer; returned by the offeree. The acceptance must match the terms of the offer.

acknowledgment

A statement signed by an authorized official, which avers that the person who executed the instrument did so voluntarily usually found at the bottom of a document, or attached thereto.

adversary proceeding

A trial or other proceeding in which all sides have the opportunity to present their arguments: a proceeding involving a contested action.

affiant

One who makes and subscribes to an affidavit.

affidavit

A written ex parte statement made of taken under oath before an officer of the court or notary public of other person who has been duly authorized so to act.

anticipatory breach of contract

Words or acts by any contracting party which reasonably indicate to any other contracting party that the terms of the contract may not be performed as promised.

assignee

The person to whom a contractual right is assigned.

assignment

A transfer of one’s rights under a contract to a third person, who was not a party to the contract and who was not intended to benefit when the contract was entered into between the promisor and the promisee.

Al Loy is a contributor to LawyerIntl.com LawyerIntl.com

For more legal definitions LawyerIntl.com/modules/dictionary LawyerIntl.com Dictionary

A vastly underused source of funds is available for crime victims and their families, perhaps at the time when it is needed most. Many states have a Crime Victims Compensation Fund.

The Pennsylvania fund may cover medical expenses, loss of earnings, loss of support, funeral expenses, money stolen or defrauded from individuals on a fixed income, such as Social Security or pension, counseling expenses, relocation expenses, childcare/home health care expenses and crime-scene clean up. The program does not cover pain and suffering or stolen or damaged property, except replacement of stolen or damaged medical devices.

The claim must be filed within two years of the date of the crime. A longer period applies if the victim is a child. In certain circumstances, family members of the crime victim may be eligible for compensation.

The crime must be reported to the proper authorities within three days. You must cooperate with law enforcement authorities investigating the crime, the courts and the Victims Compensation Assistance Program in processing the claim.

The Crime Victims Compensation fund is regarded as a payer of last resort. Payment will be reduced by the amount of any other source, including, but not limited to: health or life insurance, awards for civil lawsuits or insurance, Medical Assistance, Medicare, disability insurance, Workers’ Compensation, or Social Security.

Most claims are processed within three months, but can take longer if the claim is complex.

The Pennsylvania Crime Victims Compensation Act became law in 1976. This fund consists of fines and penalties assessed against persons convicted of crimes. No general tax revenues of the state are used.

******

For more information about Evan Aidman go to
legalaidman.com/aidmanbio.aspx legalaidman.com/aidmanbio.aspx

Click Here for legalaidman.com Personal Injury Lawyer In Philadelphia

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor’s Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.

Mr. Aidman began his legal career as a law clerk for the Honorable Samuel M. Lehrer of the Philadelphia Court of Common Pleas. After five years as an associate in various law firms, Mr. Aidman hung out his own shingle. He has been happily practicing as a trial lawyer ever since.

Click Here for Attorney Aidman′s website: legalaidman.com Personal Injury Lawyer In PA

Many small businesses start as a part-time effort that grow over time, and eventually become a profit generating venture. One of the difficult questions for a small business owner is, “When do I need to form an entity?” A follow-up question is which type of entity to form such as a corporation (sub-chapter S or C Corporation), limited partnership (LP), limited liability partnership (LLP), or limited liability company (LLC).

The business person who is a sole proprietor should be aware that his/her liability is virtually unlimited. When you do not have the protection of an entity under which your business operates, it is your personal assets that are at risk. Therefore, if a party were to sue you, your personal assets would be exposed. Many states, such as Texas, offer homestead protection so that creditors cannot foreclose on an individual’s home, but such laws vary from state to state.

The formation of a legitimate business entity offers varying forms of protection for a business person’s personal assets. Entity formation is the process wherein one establishes an entity authorized to conduct business within a certain jurisdiction. In Texas, one would file entity formation papers through the Secretary of State’s office. Each state has a government office that handles entity formation. Generally, an entity can be created for as little as $50-$250 per application. Though this step often occurs later as a business grows, it is a small financial investment to make early on. Creating an entity also gives your business credibility in that you have taken the steps to define it as a functioning entity. The most common entity formed by a new start-up business is the LLC (Limited Liability Company).

Limited liability companies are designed like partnerships, and therefore suitable to small businesses, but have asset protection similar to a corporation. When your entity is set up you will also receive a tax ID from the state comptroller. Therefore, you will likely have to file a franchise tax return in your state(s) of operation. You should also request a federal tax identification number (FEIN). You may want to consult a CPA to determine which type of entity offers the most tax advantages in your state.

The other component in protecting personal assets is to purchase business liability insurance. Most insurance carriers have business divisions which write general liability insurance polices. Contact your current carrier and see if you can obtain insurance this way. Additionally, you may be covered under your homeowner’s policy depending on the business you are in, anticipated revenues, and the potential exposure. Speak with your insurance carrier to find out what you need to do to protect yourself.

You can apply for the entity yourself or with the aid of an attorney. As mentioned earlier, you should speak with a tax attorney or CPA about which entity offers you the best tax advantage in your state.

Disclaimer: This article does not constitute legal advice nor does this create an attorney-client relationship.

J. Shannon Cavers is a Houston based lawyer working in entity formation, family law and probate law.

These days sharing your personal information has become a routine: you get up, brush your teeth, have your breakfast, and then apply for a credit card, buy gasoline, order a gift for your mom online, register for sweepstakes, donate to a charity, and etc. We all share our personal information, often without realizing it.

Here are some tips that will help you guide your privacy and safety.

Guard your financial or other account information. Don′t provide it to anyone unless there is a legitimate reason to do so as part of a transaction.

Do not print your phone number on your personal checks. Companies often get your number and address from personal checks.

Do not give your real address and phone number when registering on websites, making a purchase online and offline, or elsewhere whenever possible. Some companies ask for your phone number at a register. Refuse to give it or give them a made up number. Later you can always ask the company to “update” your information.

When making a purchase or registering online carefully read the sign up forms. Most of them will let you decline any additional marketing contacts from the company and its affiliates.

Be careful what you sign. Companies can also contact you with your written permission, so look at contracts, order forms, contest entry forms, and other things you sign carefully to make sure you’re not agreeing to be contacted without realizing it.

Register your phone number with the National Do Not Call List. If you are receiving calls from telemarketers, then 800notes.com/articles/Article.aspx/ZLˢPrKJmQBy_AjJWUa6Ew add your phone number to the Do Not Call List. The Federal government created the national registry in 2003 to make it easier and more efficient for you to stop getting telemarketing calls you don’t want.

Use Caller Id blocking when returning strange calls. Caller ID Blocking per call allows you to prevent the transmission of your telephone number on outgoing calls. This feature will prevent your telephone number from being displayed on Caller ID equipment or announced to customers who subscribe to Call Return. It comes free with your phone service.

To block your phone number or name from appearing on a recipient’s Caller ID unit on a single phone call, dial *67 before dialing the phone number. Your number ordinarily will not be sent to the other party. (See exceptions below.) But you must redial *67 each time you place another call. Use it when calling companies you don’t have any business with.

Exceptions: 800 number/toll-free calls. You are not able to prevent the display of your phone number when you call 800, 866, 877, 888, and 900 numbers. The called party, which pays for the call, may be able to identify your phone number using Automatic Number Identification (ANI) technology.

Never buy anything over the phone if you are the one who is being called. If you are interested in what the caller is offering ask them to send you information via mail.

Opt-out of pre-screened credit offers. If you would like to reduce the number of pre-screened credit and insurance offers you are receiving, visit www.optoutprescreen.com or call 1-888-5OptOut (1-888-567-8688) to opt-out of these offers. This is a free service to consumers offered by the major credit bureaus.

Know who you’re dealing with. Do business with companies you know and trust. If a company or charity is unfamiliar, check it out with your state or local consumer agency and the Better Business Bureau. Fraudulent operators open and close quickly, so the fact that no one has made a complaint yet doesn’t guarantee the company or charity is legitimate. Also search internet for this company name. You might find people’s comments about their experience with this organization.

Beware of tricks scam artists use. They might ask you to act immediately; scare you into acting now, pretend to be from companies you do business with and ask you to verify personal information they should already have. Always contact the company directly to confirm before providing information.

Again, never pay over the phone if you are the one who is receiving the call. If you do decide to take the risk, use your credit card. If you pay for a transaction with cash, checks, or money orders, your money is gone before you realize there is a problem. Paying by credit card is safest because you can dispute the charges if you don′t get what you were promised.

Check all bills and invoices carefully. It’s hard to get your money back once you’ve paid it to a con artist.

Shred documents with personal and sensitive information prior to their disposal.

Never enter contests that require your phone number. This is one of many ways that the telemarketers use to get your name address and phone number.

Remember that most of your “personal information” is available to the “public”. Many people get caught off guard when they see how much information a scam artist has on them. This volume of information makes them believe that they are speaking to a legitimate business. And this is exactly what scam artists want. Public records, yellow pages, directory assistance together with information from your receipts, subscriptions, online registrations and personal checks give them plenty of data to work with. The only reason they contact you is because they are missing a few crucial pieces of information. Don’t give them that.

Overall, your identity is a puzzle that’s halfway solved. The fewer number of pieces you give out, the safer you are.

800notes.com/ 800Notes is a user-supported database of unlisted phone numbers used by telemarketers, scam artists, collection agencies, and other organizations that make unwanted calls. Just enter the number that called you into the search field and read what other people are reporting about the caller, share your speculations and comments.

Identity theft is a serious crime that we all need to be aware of. In this article we look at a number of statistics representing this crime in order to give you a better idea of this crime and how important it is to protect yourself against it.

Identity theft was first mentioned in literature in the 1990’s, studies showed that between 2001 and 2002 there was an 11-20% increase in this crime, while between 2002 and 2003 this figure had increased to 80%.

The Javelin/Better Business Bureau survey from January 2006 showed that there was a decrease in identity theft between 2003 and 2006 though. In 2003 the adult victims of identity theft living in the United States was 10.1 million in 2003, 9.3 million in 2005 and 8.9 million in 2006.

Identity theft statistics from the Javelin report however do show an increase in the fraud amount. In 2003 the one year fraud amount was $53.2 billion, $54.4 billion in 2005 and $56.6 billion in 2006.

Identity theft statistics show that in Waco, Texas, alone there was a 700% increase in identity theft cases between 2004 and 2005.

The Bureau of Justice Statistics estimated that in a six month period in 2004, a total of 3.6 million households were affected by identity theft.

Identity theft can also have severe consequences for businesses. Identity theft statistics show that it may cost a company up to $90,000 or more when just one laptop is stolen. These fees include fines, credit monitoring, public relations damage control and class action litigation.

45% of all identity theft cases are caused by stolen laptops. The second most frequent problem was data leaks from records lost by third part business partners or outsourcing companies. This second component makes up about 29% of all the cases.

The Identity Theft Resource Center says that, “Studies on the total cost of identity theft vary. One study said that identity theft cost U.S. Businesses and consumers $56.6 billion in 2005.”

A survey done by the Identity Theft Resource centre in the spring of 2006 showed some frightening results with regards to phishing. Out of 309 people surveyed, 165 people said they did not know what phishing was, while only 77 people answered correctly.

The Javelin report from 2005 however indicated that offline/traditional methods of identity theft were still more popular than online methods. The identity theft statistics they gave were 68.2% offline and 11.6 online.

In conclusion, although the number of preventidentitythefthelp.com/Identity_Theft_Scams/ adult victims of identity theft has decreased since 2003, the amounts involved have increased, and identity theft remains a very serious crime. Most criminals involved in identity theft are still using offline methods but we should also be cautious of online methods such as phishing. The statistics themselves may vary depending on different reports but the fact remains the same, these identity theft statistics are a reason to inform yourself about identity theft and take better precautions to protect yourself.

You can also find more information at preventidentitythefthelp.com/Identity_Theft_Shield/ Identity Theft Shield and preventidentitythefthelp.com/Identity_Theft_Shopping_Online/ Identity Theft Shopping Online.Preventidentitythefthelp.com is a comprehensive resource to find how to secure your ID.

Has this ever happened to you… You′re at home enjoying your meal and you get a knock at your door. “My name is Jack and I’m calling from (company name), have you or your family had an accident in the last 3 years? If so you could be entitled to personal injury compensation?”

Now for that moment what are you thinking? Are you looking back over the last 3 years to see if you or your family have incurred any personal injury? Or are you thinking of slamming the door in their face or setting the dog on them?

The fact is each one and much more has happened to salespeople who go knocking on peoples’ door.

Firstly it’s not polite as they’re reminding you of your accident which could have been traumatic and secondly another personal injury company has said the same thing they are saying 2 days ago.

So in effect it gets frustrating and over time causes anger and you’ll probably take it out on a new recruit who is on their first day at work and you happen to be the first door.

So what is it? A Joke or a Need?

Personal injury has become a joke! Why? There are so many sales people knocking on doors for personal injury claims. In the beginning everyone was like ‘really, can you claim for this’ or ‘you should go and see this company for your injury’. Nobody was aware what was going on but millions of people were claiming for god knows what! Now over the pass few years it upset a few people.

Injured people weren’t getting their compensation. They were getting either a small proportion of the compensation or were paying out of their own pockets. In those days as claims were new, you had to believe everything. It was like, 9 month road to riches. But it never really was riches in your pocket however it was for them as they knew the game. They made it seem like they were helping you but in fact were helping themselves with your money.

Some people even today, who are injured, resist to claim compensation as previous traumatic experience left them in the dark and now confused. ‘I don’t wanna be conned again!’ Well I don’t blame them.

In reality, it’s definitely a NEED. Being compensated for something which wasn’t your fault. It could be a road traffic accident, trip, slip or fall even being assaulted on the streets on your way home. These are the people that don’t find it a joke. Their life has been disrupted by people who they never knew and now don’t want to know.

It takes a lot of energy, especially if there are psychological injuries involved in order to get back on track to a normal life. They either miss out on exams, work, events, holidays and in general ‘their’ own personal lifestyle. Everything happens in an instant… You’re enjoying your life and all of a sudden ‘bang’ your life changes.

You end up paying for medicine, specialists, travel expenses and other bills. So these people don’t think personal injury is a joke as they can reclaim their expenses and be compensated for their loss of enjoyment and injuries.

Stop these canvassers from spoiling the need of personal injury and giving it a ‘bad’ name. Proceed with the right specialists for personal injury can only make your life a hell of lot better.

Make no mistake this time and claim what you are entitled to, by law!

M. Latif makes it easy to claim compensation and gain maximum results without the fear, costs, confusion & risks. Learn the 12 revolutions of the new 100% Compensation 100percent-compensation.co.uk personal injury culture.

This is the official stance of K.A.P.A. (Karaoke Anti-Piracy Agency…essentially the RIAA of the karaoke world) taken directly from their website:

Q. If I own my own discs, can I load them onto a hard drive to play them in a show, etc.?

A. No, you MAY NOT load songs from other manufacturers on your hard drive. The licensing rights for music on a hard drive machine exist only between the machine manufacturer and the music provider. These rights do not extend to the owner of the machine, to load songs from other manufacturers on the hard drive player. Copying the discs on to a hard drive is still copying the discs. Legally, it is absolutely no different than burning a copy of the discs. In order to copy your discs on to your hard drive, you have to have the written permission of the company that produced the discs and owns the copyrights.

On this page I will attempt to convince you that format conversion should not be a crime and that businesses should be allowed to convert a phonorecord (That’s the legal definition for a song) from one format to another. I am not making a case for piracy, the legitimacy of Peer to Peer networks, nor serial copying, but rather the simple process of encoding a compact disc to a compressed digital audio format like MP3. With piracy and serial copying, the artist is not paid for their work. With format conversion, it is assumed the work being converted was legally purchased, and thus the artist was paid his share of the royalties.

We’ll begin with a little bit of history on the DJ industry. When the DJ industry first started, vinyl records were the most popular medium for their performances. How ever, these were heavy and easily damaged. Because of their weight and cost, many DJs only brought a few hundred records to a performance and much money was spent replacing records that hard worn out or become scratched. While this was good for the record industry, it was bad for consumers because it increased the costs for the DJ which were then passed on to the consumers. When the cassette tape was introduced, most DJ’s began using them instead because they were lighter and more durable. It was impractical to copy records on to cassette tape because the noise of the record (especially if it was worn) combined with the tape noise made for a poor quality recording. While tapes were more durable than records, they too wore out. Again, this was good for the recording industry because it meant that DJs would have to purchase the same record they already owned in the cassette format. Of course, this cost was passed onto the consumers through higher prices charged by DJs. When the CD came out, DJs switched formats again. They now had a digital medium that wouldn’t wear out no matter how many times it was played. It weighed less than a tape, and it offered the ability to find a particular track as quickly as DJs used to be able to with vinyl records. Now instead of bringing a few hundred records, or several hundred cassettes, DJs could bring one or two thousand CDs. This meant DJs had a consistent product and a wider selection of music than a band, so not surprisingly DJs are now the entertainment of choice at weddings and parties.

Now enter compressed digital audio. Most people are familiar with MP3, so I will use that term in place of compressed digital audio, however most DJs use other better compression formats than MP3. With the MP3 format, DJs can store not just one or two thousand CDs worth of music, but hundreds of thousands of CDs. Since MP3’s are digital, they never wear out, and because they reside on a computer hard disk, they never get scratched. In 50 years they will sound the same as they do today. They take up less room because they are inside the PC, and not spread out on a 3 foot by 6 foot table. They are lighter because they are not a physical “thing”. And since computers are really great at sorting information, requested music can be found instantly by the DJ instead of forcing him to search through thousands of CDs to find that one particular CD that has that one requested song. Compressed audio is a godsend for the DJ because it means he never has to replace a disc/cassette/record, he has less to carry, he can offer the widest selection of music possible, and reduce his cost. This is great for consumers because lower costs mean lower prices.

Some argue that compressed audio does not have the same sound quality as a CD, and I have to agree. However, it takes a very good ear and a good set of speakers to detect a difference between a high quality digital encoding and a CD. In a large hall filled with celebrating people the two are indistinguishable. Further, I would point out that CDs do not sound as good as a high quality analog recording like a vinyl record, but the public still embraced compact discs with open arms. The public seem quite happy with a good recording that is more durable than a great recording that degrades.

Unfortunately, as with every invention that threatens the status quo, it is illegal. Currently disc jockeys who convert a CD to another format (including another CD) are breaking copyright law because such a conversion is not considered “Fair Use”. The courts use four factors set forth in section 107 of the Copyright Law to determine if a use is “Fair Use”:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.

2. The nature of the copyrighted work.

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole.

4. The effect of the use upon the potential market for or value of the copyrighted work.

In the case of Disk Jockeys, the questions would be answered as such:

1. Commercial use for private performance. It is a private performance because Joe Public can’t simply walk into Jane Doe’s wedding without an invitation, nor can he attend ACME Corp.’s company Christmas party unless he works there, but because the disc jockey is charging for his service, it is a commercial use.

2. The nature of the copyrighted material is a creative work. Creative works typically afforded a more restrictive definition of Fair Use than informational works like dictionaries and encyclopedias.

3. The entire work is used in the format conversion process. This should be seen as a plus, since the disc jockey is not altering the work in any way. The DJ is faithfully reproducing the entire work as intended by the artist.

4. The effect of this conversion increases the potential market for and the value of the copyrighted work. By allowing disc jockeys to convert formats, they will be able to carry more music to a performance, and potentially bring the artist more fans and ultimately more fame and money.

To add this all up, the fact that it is commercial use of a creative work argues against fair use, but the fact that the entire work is used and its use potentially increases the market for the artist should outweigh the negatives. The fact that it is a private performance is fairly neutral.

Another reason it is illegal is because the CD is not consumed during the process of conversion, so by nature of the process one is left with 2 copies of the recording instead of the one that was purchased. In theory the DJ should pay for that second copy. Unfortunately, no method for paying for this second copy is available, and since many DJs would rather have the music in digital format than CD format you would find them selling the CD after making the conversion which would hurt record sales even more since you would now have a glut of discs flooding an already battered market. This would be legal if the DJ were forced to pay for the copy, as the original CDs carry the Right of First Sale (which means you can sell it at a garage sale, sell it on eBay, or trade it in at a used music store). Having the DJ pay for the created copy would imply its legitimacy as a legal copy in and of itself, and thereby imply the Right of First Sale to it as well.

“What can I do about this?”

If like me you feel that the music industry is trampling your rights, contact your state senators and representatives and let them know that your vote is more important than the money they get from the music industry’s special interest groups.

Tim Smith is the owner of By Request DJ & Karaoke Company and has worked towards getting US disc jockeys the right to use compressed digital audio since it became legal in Canada.