Law Degree Journal

Getting copyright for your own original work is something that is advised under the law, particularly if there is something about your work that makes it likely to be either copied or used for any purpose against your will. Being the creator of a piece of work is something that can provide both financial riches and personal kudos. If, however, you have not copyrighted this work, you will have problems trying to prove ownership further down the line.

Of course, copyrighting your work will cost money. This is all very well and good if you are a successful artist who has been selling their pieces for some time and has the money in the bank to pay copyright fees. The expense is not huge – especially when compared with some other legal services – but it still brings into the matter a question of whether copyright law discriminates against poor, struggling artists. If you happen to have an idea that you imagine may well be lucrative, but not the money to copyright it, then you may feel that you are being unfairly prevented from protecting your idea.

One solution that has been mooted in this situation is the practice known as “Poor Man’s Copyright”. As the name suggests, it is a way of demonstrating that one has taken action to protect their idea, and doing so without having to spend a large amount of money when one cannot reasonably afford to. The practice itself is fairly straightforward and simple, and based in some genuinely clever thinking. The idea is that if you take a copy of the work and send it to yourself through the mail, there will be a date postmarked on the envelope showing when it was sent. If someone then tries to copy your work or pass a version of it off as their own you have a way of showing that you had the idea first and took steps to protect it.

The fact is, however, that Poor Man’s Copyright is not legally binding. No provision is made in US copyright law regarding such protection, so people responsible for original work are still required to put it through the process of applying for copyright if they want total, full copyright protection. This is not an advantageous situation for anyone who has an idea while down on their luck financially.

However, it is still worth going through the process of sending the work to yourself. It can be used as evidence where there is reasonable doubt, and more importantly it can be a way of providing notice to any potential plagiarist that you are mindful of people trying to steal your ideas. In any potential case where you may sue for plagiarism, it is always desirable to be as fully armed as possible for any legal battle. After all, it is potentially a question of substantial, repeated future earnings and you want to put your foot down to protect those.

Disclaimer: This article is for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter.

LegalBuffet.com is a complete online resource that compares the legal services offered by various online companies. Find the best company for your copyright needs at http://legalbuffet.com/copyright-services /.

Court proceedings are initiated when a debtor has fallen behind on his or her payments to such a point that the lender believes that there is a real risk that the individual will default on the loan thereby leaving the lender with a huge financial loss; these court proceedings, usually presided over by a judge or other court appointed officer, issue legal rulings or decisions, otherwise known as court judgments, concerning the method and amount that it to be repaid to the lender. Several factors are used to determine a court judgment and each ruling is unique to the particular situation in question. Determining factors for legal decisions include the amount initially borrowed from the lender, the amount currently still owned on the debt, the available and documented assets, both financial and physical, of the debtor, and the ability or willingness of the debtor to appear before the court.

The most important factor a judge uses to determine the legal and financial ramifications of a defaulted loan is the ability and willingness of the debtor to appear before the court. Many individuals at too embarrassed to appear for the proceedings at all which leaves the judge little option than to decide in the favor of the present lender who first initiated the proceedings. Other individuals simply feel that they do not have means or wherewithal to fight the lender or the legal or financial system. Still others feel that their financial problems will go away if the ignore them or that they can simply start over from scratch.

However, the simple fact is that most judges or other court appointed officers are more sympathetic to an individual who has fallen behind on their loan payments if they show some concern for the situation and make every effort to make the situation right. This means that the debtor can best help his or her situation by representing his or herself in court. Simply by showing up can make a huge difference in the final legal ruling. Only by showing up to the court can a debtor try and explain why he or she has fallen behind in their payments to begin with by emphasizing the personal setbacks that have led to the current financial situation.

Once a judge has taken in into account the personal situation of the debtor, he or she must them take into account the financial realities of the situation. These realities are the amount of the initial loan, the amount already paid back, and the amount still owed. The lower the amount that was initially borrowed then the less hostile the judge will be. It is also a good thing, if the debtor has already repaid some of the loan. This shows that the individual had every intention of repaying the loan. Finally, when deciding court judgments, the judge will consider how much is still owed to lender. The larger the amount owed the more severe the penalties involved with defaulting.

Another concern for the court is how the debtor will be able to repay the loan. It is the responsibility of the prosecuting lender to bring to the court’s knowledge any and all assets that the debtor make have access to. This means that all bank accounts and all owned property must be made public to the court. The court will then use this knowledge to determine how the debtor will repay the defaulted loan.

Court judgments vary in scope and veracity depending on the particular financial situation of the debtor.

Factors used in Making a Legal Decision about Court Judgements. Get more info at my Blog about Judgements

Many personal injury accident claims are made during stressful and often painful periods of a person’s life. For this reason, the claims management companies that facilitate access to justice for people who have been injured through no fault of their own have a duty to make the process as stress-free as possible.

The claimant must know that they can trust the people that they are dealing with – they should not feel harassed, bullied or unsure of what is happening. They should feel that they are in control, and under professional care from a fully qualified solicitor.

The area of personal injury compensation is rightly subject to strict regulation. It is important that a framework is developed in which a claimant can trust that he or she is being given appropriate and honest help and advice.

Not all claims management companies feel the same way, however. There will always be people who attempt to flout the rules in order to make a quick win from injured and stressed people.

Recently the Ministry of Justice issued a warning to the public regarding three businesses acting as claims management companies. The companies have been accused of providing regulated claims management services without authorisation.

They are making unsolicited telephone calls to consumers promoting personal injury claims. Cold calling such as this is now against the law to protect the public from companies such as these. Despite various enquiries the Ministry of Justice has been unable to contact the businesses concerned and has appealed for information to the public – as well as urging them to proceed with caution.

The businesses concerned are National Compensation Consumer Line, Compensation Consumer Survey Line and Personal Injury Hotline.

It is important that the claims management industry does not allow itself to be tarred by charlatans hovering on the fringes of the market. People need to have access to justice. They should not feel in any way stigmatised or unsure about their right to make a claim.

A compensation claim can help insure that fair and appropriate compensation is received. It is important that anyone making a claim for compensation after an accident feels comfortable with the process – they should make sure that they work with a solicitor that understands what they are doing and can help to keep the process stress free. Someone who has suffered an injury has enough on their plate!

Money will not fix everything, or put a stop to the pain or psychological damage. But it can be a useful and important tool to give an accident victim control back over their life, especially if the claimant has had to take time off work or pay large medical bills.

Getting in touch with a professional claims company can be the first stage in moving on with your life after an injury. If you’re planning on making a personal injury claim, you need to ensure that your claims company is regulated, and you need to feel comfortable with the way the claims company treats you, before going ahead.

Jessica A Parker writes on behalf of the personal injury claims company National Accident Helpline, giving information and advice on personal injury accident claims.

Every year, thousands of hard working people are left injured, disabled or hurt as a result of an avoidable workplace accident. British workplaces have a strong emphasis on health and safety – and regulations combined with premises inspections have made a positive impact on workplace safety. However, with 70 per cent of us working in a business premise, and countless others on the roads – it is inevitable that accidents will happen, and accident claims will be made.

An injury at work will be unexpected – often quick and painful and with very real consequences. Victims can be left jobless, contemplating a very different future to what they had planned. Often the loss of earnings leading to financial difficulties, combined with the need for medical treatment, requires that a personal injury claim be made.

Any job, regardless of the industry or position you’re in, has its own dangers, from heavy machinery to stress or bullying at the office; but it is the role of an employer to ensure that the risks are managed and that every possible effort is made to guarantee that employees come to work in a safe environment.

Many workplaces fail to meet safety standards, and it can be that an employee does not even know, until it is too late, that the conditions of the workplace are not up to standard. In this case, a compensation claim also has a powerful role to act as a deterrent for other businesses. If employers feel that they will have to pay for poor health and safety standards, then they are more likely to do the job properly in the first place.

Work accidents encompass a vast range of injury possibilities. If you work in construction, injuries could include machinery accidents, falling from height, or falling materials. Of if you work within an office you could trip over loose wires, or there’s even the possibility of a carbon monoxide leak from an old boiler or appliance. In any environment if you have an accident that isn’t your fault you should consider making a claim, to compensate for injury and lost earnings while off work.

Having suffered a workplace accident, the immediate consequences – quite apart from the physical pain – can be confusing and traumatic. An employer may try to sweep the accident under the carpet, or suggest that it was the fault of the employee. It is important that injured employees insist that a proper log is kept of any incident.

There is also a stigma perceived among many people that making a compensation claim is somehow wrong. This is simply untrue. It is unfair that a hard worker, who has given years of dedication in the best possible faith to the business, be pushed out the door after suffering an avoidable injury.

A compensation claim can help insure that fair and appropriate compensation is received. It is important that anyone making a claim feels comfortable with the process – they should make sure that they work with a solicitor that understands what they are doing and can help to keep the process stress free. Someone who has suffered an injury has enough on their plate!

Money will not fix everything, or put a stop to the pain, but it can be a useful and important tool to give an accident victim control back over their life.

Jessica A Parker writes on behalf of the National Accident Helpline, which has specialist independent solicitors and will make sure that accident victims receive the work accident claims compensation that they are entitled to.

Some insurers may be quick to contact claimants directly to make an early offer to settle a personal injury claim. This is a procedure known as ‘third party capture’.

Access to Justice

A key tenet to any smoothly functioning legal system is the principle of access to justice. This principle is as important in the world of personal injury claims as it is in anywhere else.

It is important that potential claimants are able to obtain independent legal advice and guidance to help them navigate the system.

People need to know that there is nothing wrong in an injured person receiving appropriate accident compensation for injuries, loss of earnings or rehabilitation bills, all of which can mount up if a person is injured in an accident that was not their fault.

Again, it is important that they have the chance to speak to a legal representative who can assure them – and reassure them – of their rights.

The majority of insurers, like the majority of personal injury lawyers, are completely responsible. Some, however, are not – and they will attempt to get to an accident victim before that person has a chance to gather their thoughts and assess their rights.

In these situations, it is not unlikely that an offer may be made – an out of court settlement – that will no doubt feel attractive.

Money in the hand can seem like the easy, more convenient option – but can also be difficult for someone with no legal experience to know that they are not being ‘under-settled’.

Under-settling is the danger to victims of third party capture. If an insurer swoops in and offers money, an accident victim must have the chance to speak to an independent legal professional to make sure that the compensation is correct.

This is not a case of being greedy – if a person does face mounting hospital bills or a long spell out of work, they need to know how much help they are entitled to.

Likewise, it is not for the insurers of businesses who have lapsed in their health and safety responsibilities to negotiate a better deal for these companies. An aspect of compensation is that it is punitive and sends a message to other employers or businesses that they will be hit in the pocket if they fail to protect their staff, or others in their care.

Again, that is wholly appropriate – right and fair.

To ensure proper access to justice, anyone who is considering making a compensation claim should speak to a legal expert. Even if they arrange to meet an insurer – that insurer is obliged to inform them that they have every right to legal representation. They should always avail themselves of that right.

People who have suffered personal injury through no fault of their own need to be aware of their rights. They should be able to claim the fuull amount they are entitled to as a result of their injury, and it is important that they know what to do to access that compensation, and that this information is not hidden from them.

Jessica A Parker writes on behalf of the National Accident Helpline, which has specialist solicitors who work on a no win no fee basis to make sure that accident victims receive the accident claim compensation to which they are entitled.