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Patent and copyright law Understanding Patent and Copyright Law Patent and copyright law gives the inventor the exclusive rights to the invention. No one else can produce the invention for a set period of time under patent and copyright law. Patent and copyright law is set up to protect inventors. The law on patents can be found in the United States Constitution, Article 1, Section 8 and in Title 35 of the United States Code. The agency that is in charge of patent laws is a Federal Agency known as the Patent and Trademark Office. Anyone who applies for a patent will have their application reviewed by an examiner. The examiner will decide if a patent should be granted to the inventor. Individuals who have their patent application turned down can appeal it to the Patents Office Board of Appeals. Just because someone has a patent does not mean that they have the right to use, make or sell the invention. For instance, if a drug company comes up with a new drug, they can get a patent on it. However, it would not be available to be sold to the general public until the drug becomes approved by other regulatory bodies. Likewise, someone may invent an improvement to an existing product, yet they will not be allowed to produce or sell the item until they obtain a license to do so from the owner of the original patent holder. For someone to receive a patent, as stated, they must fill out an application on their invention. The application will entail the details of the invention and how it is made. In addition, the person applying for a patent must make claims that point to what the applicant deems or regards as his or her invention. A patent may have many claims with it. The claims protect the patent owner and notify the public exactly what the individual has patented or owns. If someone infringes upon patent and copyright law, it is usually enforced in a civil court setting. The owner of the patent will generally bring a civil lawsuit against the person who has infringed upon their patent and ask for monetary compensation. In addition, the patent owner can seek an injunction which would prohibit the violator from continuing to engage in any acts that would infringe upon their patent in the future. Many patent owners will make licensing agreements (or contracts) with others. These agreements allow another person or company to use someone’s patented invention in return for royalties. In addition, some patent holders who are competitors may agree to license their patents to each other to expand both of their profits. Most everything we use in our day to day life was invented by someone. That person had to seek out a patent for their invention. Patent and copyright law protects inventors from having their ideas and inventions stolen out from under them. This makes the playing field more level for individuals. Without these laws, the marketplace would be out of control and the small guy would probably be eaten alive by big business

Copyright lawyer rating Determining what's in a Copyright Lawyer Rating You can find a copyright lawyer rating these days by doing a quick search online or by subscribing to a mailing list to the copyright lawyer guild. What goes into determining a copyright lawyer rating may be how many cases he/she has won or lost? The person that has won the most cases will be at the top of the rating chart, however someone that just comes in may be at the bottom for lack of experience. If you are searching for a copyright lawyer you will want the best but keep in mind that if they already know their copyright lawyer rating is high, their price might be raised more than the others in the field. So, make sure this is someone you want to represent you or to do your filing. If you are simply getting a copyright you probably don’t have to have the best and can go with your average rating. Someone suing you for copyright infringement or something else means you may want the best; you don’t want one that had a bad copyright lawyer rating. Do you? Today many companies are offering their own little search areas for towns, you might find a whole list of companies that need reviews and chances are those that are all bad rating are from one person. These sites are very new and popping up everywhere, the only way to find out how true the copyright lawyer rating, is by asking them. Another way they do a copyright lawyer rating is by passing out a few sheets of papers with a bunch of copyright lawyers names on them and having their peers rate them. I don’t really consider this fair because someone with the same amount of time and wants to be top in the field may mark their competition down just to get up on top. Not to mention how can they rate them when they may have never heard of them. Do you give that person a bad rating or a one star because you have no clue how they perform? Do you leave it blank? Find out why a copyright lawyer rating got the marks they did. Keep in mind that a client that didn’t win a case can have it out for them and rating them bad or review them as bad in every site that they can, which can cause a big drop in ratings, especially if they are new. Not all lawyers like that fact that just about anyone can rate them online these days, it was easier when their ratings only went with what cases they dealt with, how many they represented and their win/lose streak. There is a website called Martindale, it gives you ratings of many lawyers. This is a great site to come view to find lawyers in all types of fields, not just copyrighting. Explore it, there are a ton of reviews written by lawyers and clients, there are also legal articles, cases, events and much more for you to look at. Don’t forget about the peer ratings, which you can find person most qualified to help you. This is one place that does seem fair when giving out their copyright lawyer rating, they make sure that the top person can only be rated if they’ve been in that field for over 10 years, which makes it fair to a person that has very little experience. They won’t be on the rating list which means they won’t be at the bottom of the list. Remember, if your copyright lawyer rating isn’t up there doesn’t mean he/she is bad, they may have requested not to have it published or may not have been in the field long enough to be judge. The best judge for them will be you.

US copyright law U.S. Copyright Law Covers Artistic Expression and Creative and Intellectual Works The US Copyright Law grants rights to individuals for the works they create. The US Copyright Act of 1790 has changed over the years. The current basis of US copyright law is based on the Copyright Act of 1976. US copyright law is relatively automatic. Once someone has an idea and produces it in tangible form, the creator is the copyright holder and has the authority to enforce his exclusivity to it. In other words, the person is the owner of the creation. It is not necessary that a person register their work. However, it is recommended and it can serve as evidence if someone ever violates a copyright. It is interesting to note that when an employer hires an employee to produce a work that the copyright is given to the employer. Violations of US Copyright Law are generally enforced in a civil court setting. However, there could also be criminal sanctions brought against someone who violates US copyright law. Someone that is in serious violation of US Copyright Law such as counterfeiting can find themselves on the inside of prison looking out. People need to understand that the copyright symbol is not a requirement. Someone may have a copyright, yet their work may not have a copyright notice or symbol. US Copyright Law covers a wide range of things that are derived from artistic expression, intellectual or creative work. This includes things such as literary works, music, drawings, photographs, software, movies, choreographic works such as ballets and plays, poems, paintings and more. The law covers the form of expression, not the concept, facts or the actual idea of the work. This means that someone can use another person’s idea or concept and produce their own take on it. However, copying another person’s work is a violation. It should be noted that some things may not be copyrighted but they may be protected by a patent or trademark. Individuals who have a copyright on a particular piece of work can do with it what they will. They may choose to copy it and sell it. They may display their work or perform it in public and charge admission, or they can assign or sell the work to someone else. Individuals who have a copyright can also choose to do nothing with their work, if that is their desire. However, if someone comes along and takes the work and tries to use it in some way, that person is still in violation of the owner’s copyright. Copyrights cover published and unpublished work. Anyone who is in the creative arts arena should be very careful that they do not violate US Copyright Law. For that matter, anyone who is a fan of the creative arts should make sure they are not in violation of a copyright. Simple things like uploading, downloading and sharing music or movie files can result in serious charges and fines being brought against them. With the popularity of the Internet and file sharing software there many copyrights are currently being violated. Copyright owners are starting to take a stand against them and are hunting down the perpetrators. Be careful that you are not overstepping your boundaries and violating someone’s copyright law.