Defining Copyrights

The intellectual property rights of authors, composers, and other creators of original artistic content are typically protected under a legal instrument called a copyright. In the US, these rights are protected under the federal law called the U.S. Copyright Act (17 U.S.C. §§ 101 – 810). These creative “works of authorship” have to be in a fixed, tangible form and may be in force for as long as 120 years, depending on whether the work was published or not.

Copyright is primarily set to protect expression. For example, nobody can own the copyright for the 8 notes which are the basis of all music in the world, but the way these notes are arranged in sequence to produce a unique composition can be copyrighted by the composer. A copyright owner can distribute, display, perform, derive variations, and license the work solely at his or her discretion except where the activity falls under the fair use doctrine, such as in news reporting, teaching, criticism, or research. When accused of infringement in Texas, for example, Dallas intellectual property lawyers will be tasked to prove or disprove fair use to the court with the test described under § 107.

For a work to be protected, it is not necessary to register the copyright with the Copyright Office. However, in compliance with the Berne Convention for the Protection of Literary and Artistic Works which the US joined in 1989 it is not possible to bring legal action against any third party for copyright infringement until such time as it has been formally registered with the US Patent Office for non-US works published prior to March 1, 1989 and for all works originating in the US. Once it is registered, the copyright owner must provide copies of the work within 3 months of publication or be liable for fines.

Read More

Getting Compensation after a Car Accident

Getting compensation after a car accident can be easier for an injured passenger as compared to an injured driver since liability is not an issue for them. When a passenger becomes injured in a car accident, proving liability is not a problem since either drivers of the vehicle will be held liable. Just as with any other personal injury claim, compensation can be awarded if the plaintiff can prove the liability of the defendant and the damages done by the accident, such as injuries or property loss.

From the website of the Mokaram Law Firm, I learned that a passenger who wishes to file a personal injury claim can follow the same process as with any car accident claims, but they defendants can be both drivers if both caused the accident (or just one if it was a single car accident). The injured passenger should have the insurance information of both drivers, and they should also be the one who must file the claims to both the drivers’ insurance company. There are exceptions, however, such as in cases where one driver is not obviously negligent.

Since different states follow their own laws regarding car accidents and compensation, it may be important to seek help from a lawyer that specializes in personal injury claims in your state to ensure that your claims will be properly filed. For example, if you are in the state of California and have become an injured passenger after a car accident, you can file a claim against the drivers involved in the accident. There are other states that follow the “no-fault” law, therefore these things should be discussed with your Houston personal injury lawyer to establish the claim.

Like any personal injury claim, it is essential that the passenger should first seek immediate medical treatment for their injuries. This not only ensure that their health are attended, but it will be used as evidence and basis for the settlement. Whether the fault is from both drivers or just one, the lawyer will be the one who will negotiate with them and although oftentimes many claims get settled before court, there are still a possibility that a claim can become difficult to settle.

Read More

Employment Law

Employment law regulates the relationship between the employer and employee, from employment contracts to contract doctrines to application of torts and everything in between. It also ensures the rights of both employers and employees are protected and preserved. After the 1930s, employees have been given the legal federal and state rights that provide employees the authority to create unions, engage in collective bargaining, and be protected against workplace discrimination.

In Texas, employment laws (by both federal and state) require employers to protect and preserve the rights of their employees.  The rights of Texas employees, as well as employers, are protected by the Texas Labor Code and the Fair Labor Standards Act (FLSA), while the Occupational Safety and Health Act (OSHA) further protects employees in a federal level. However, as reported on the website of the John Melton Law Firm from Austin, not all employers follow their legal obligations to ensure the safety and wellbeing of their workers, and these actions (or inactions) often result to accidents and injuries in the workplace.

Employers who break the employment laws and end up mistreating their employees can be held liable for the damages and injuries that they’ve caused their employees (and even potential employees). There are a number of ways an employer can either deliberately or carelessly cause an employee unfairly in the workplace, among the most common are discrimination (race, age, gender or sexual preference, and others), sexual harassment, underpaid/wage/overtime disputes, and other issues.

Just as with any other ate employment laws, the Texas Labor Code has rules and regulations meant to protect employee rights from issues such as employment of children, workplace discrimination, employee benefits, wages, and many others. Any employee who feel or believe that their rights have been breached have the right to file a complaint against their employers before the courts, and oftentimes this would entail the help of a personal injury lawyer to win the claim.

Read More

Neuromuscular Dentistry

Neuromuscular dentistry is a dental treatment generally meant to correct jaw misalignment. Jaw misalignment is a very common occurrence in North America, and could lead to temporomandibular joint disorder (TMJ or TMD). This physical condition affects the alignment of the teeth, facial muscles, joints, and jaw. Many people are unaware that they are suffering from TMD or TMJ, and often the pain or symptoms that the patients feel go undiagnosed.

In order to treat or correct jaw misalignment, neuromuscular dentistry helps realign the jaw joint through cosmetic dental restorations, orthodontics (tooth recontouring or equilibration) which helps relieve the stress placed on the jaw muscles. This helps eliminate the symptoms of TMD or TMJ. The theory of neuromuscular dentistry lies on the emphasis of gravity in determining the bite, and see where the muscles along the jaws are most relaxed. Neuromuscular dentistry is not only concerned with the health and condition of the teeth and gums, but also the entirety of everything that concerns the functions of the mouth.

Aside from X-rays and electromyography, other diagnostic technologies are used to help determine the optimal jaw position of a patient. Among them are sonography, joint vibration analysis, and other computerized equipment that would record the patient’s jaw and check any abnormalities. Once any abnormalities or if patients report symptoms and pain in the mouth or jaw, an Austin neuromuscular dentist would help address the problem – whether is it regarding muscles, jaw joint or tooth position.   The Austin neuromuscular dentist would devise a treatment plan designed to correct any abnormalities on the bite of the patient by letting the jaws be positioned in their optimal place for the long term.

Neuromuscular dentistry can be expensive, but cost will still depend on every patient’s situation and condition, as well as the treatments necessary for correcting the condition. It would be better to check with your neuromuscular dentist first to have an initial check-up and determine the extent of the condition and possible cost of treatment. Dental insurance can help cover the expenses, and third-party financing is also available to make the corrective treatments more affordable and possible.

Read More

Construction Accidents

On a construction site, just about any type of accident and injury can occur. Construction sites have been notoriously known as one of the most dangerous workplaces, and in the United States about one in every five fatal injuries happen on construction sites, as recorded by OSHA (Occupational Safety and Health Administration) in 2010. There are four injuries that OSHA has as fatal, and they are electrocutions, being struck by an object, falls, and being caught in or between. These four injuries account to an estimated 400 deaths every year, and sadly these are preventable. When safety measures are not taken or practiced and these injuries occur, they can be grounds for a personal injury claim.

According to the website of Hach & Rose, LLP, construction workers in the United States who are injured while working does not have legal access to benefits aside from worker’s compensation. If the injured worker believes that the injuries were too great and the worker’s compensation benefits that is provided is not enough or unfair for them, they can file for a personal injury lawsuit against the company or the person who caused the accident. It is best to have the injured worker be informed about their rights as well as alternatives that could provide then compensation following an accident on the job. Whether being a member of the worker’s union or not does not really matter.

Employers and the whole company can be affected when an injured worker files for a personal injury claim against them. A lot of construction injuries and accidents often lead to personal injury lawsuits, and because these lawsuits are complicated and intricate, it helps to have a Louisville personal injury lawyer. Injured workers could greatly benefit from the help and guidance of a Louisville personal injury lawyer since the judicial landscape is very hard to navigate on your own. Oftentimes, the result of a personal injury claim depends on the capacity of the lawyer to effectively fight and represent your case on court.

Read More

Whose Fault Was the Accident?

When car accidents occur, it may be easier to settle the compensation claims when two vehicles are involved and the negligent driver is determined. For many personal injury claims, the most important thing is to know who is at-fault and the laws that pertain to your state to determine how compensation will be given. This is the reason why car accidents involving poor road conditions can take time to be solved.

According to the website of injury attorneys Crowe & Mulvey, there are many ways that poor road conditions can attribute to road accidents – erosion, faulty designs, broken traffic lights, missing guardrails, pot holes, and many other road defects can all lead to serious road accident. Whether an injured driver can sue can be a complicated matter, because the plaintiff must be able to prove that the poor road conditions are the cause of the accident and injuries. With all of the factors that go into driving a car, this can be astonishingly difficult. Additionally, because roads are kept up by cities, counties, and states, along with other government agencies, it is important for the plaintiff to fully determine who is responsible for maintaining the roads that caused the accident. Suing the wrong government agency can put your case in limbo, where it may be doomed to failure. Not only does determining who is responsible for road maintenance important, it also helps in that is makes it more clear the ones responsible can be sued for damages and compensation.

Once the plaintiff and their lawyers have determined who is responsible for the accident, it should follow that they should demonstrate the agency liable was negligent and failed to perform their duties of ensuring road safety. Should it be proven that the agency concerned could and should have, but chose not to, repair or clear the roads to ensure the safety of the motorists, then they can be held liable for damage and compensation. Likewise, if the agency has built the road in a faulty or dangerous manner, then they should be held liable.

It may be difficult to prove that the poor road conditions are what caused the accident and injuries, especially if there are no witnesses and police reports to present as evidence. The main reason why finding legal help, according to the website of Habush Habush & Rottier S.C.®, is to ensure that your rights are protected and that your claim will not be denied.

Read More

Tasks to Complete after a Car Accident

Being involved in a car accident due to another driver’s negligent actions will not guarantee that your medical bills will be covered by the at-fault drivers’ insurance company, nor will it also promise that the compensation will be enough to cover for all the damages and expenses caused by the accident. Unless you are a law student or a personal injury expert, your knowledge regarding the personal injury laws in your state may be limited. This means you may not have the whole scope of what you are legally entitled to, and this could lead to being taken advantage of when it comes to getting compensation.

Texan laws follow the “modified comparative fault” rules regarding car accidents. According to Texas law, this rule is applicable only if you are less than 50 percent at fault for the accident. It can be complicated to fight for compensation on your own because Texas car accident laws can complicate and can influence your decisions as well as your options after a car accident. A proper understanding on the laws that concern your case is therefore essential in winning the personal injury claim.

Likewise, hiring a lawyer after a car accident is vital in ensuring fair compensation and negotiation. Many insurance companies tend to gain profit by under-compensating their clients. Many insurance companies will lower their settlement amount when the injured victim is not represented by a lawyer, therefore it greatly affect your compensation amount if you have someone who ill represent you in court. Speaking of courts, in cases of disputes, it helps to have your lawyer by your side to fight for your right for fair trial.

Read More

Recent Comments