How To Respond To Settlement Letters In Copyright Infringement Cases

Settlement letters are sent to particular internet subscribers who are identified to have infringed a copyrighted material. Also known as letter of demand (LOD), the letter is usually composed of the name of the infringer, IP address, and all the details about copyright infringement. First of all, getting a demand letter such as a TCYK letter more likely means that you did violate the law and the copyright enforcers have evidence to prove that you have infringed a copyrighted content. Second, it is not advisable to just ignore the letter as it could result to serious legal consequences. So, when you get a demand letter, respond to it. In every illegal download case, ask about the situation or what the letter means. If you ever find yourself as a “John Doe” defendant, here are a few practical tips that can help you in your defense in the lawsuit:

– Settlement amounts are usually negotiable. If you get a TCYK letter or any settlement letter, chances are you will be offered a settlement amount. The figure may be changed depending on your approach or how you attempt to negotiate. So, it would not hurt to try especially if you really did it.

– Among the copyrighted materials that you can possibly pirate, porn bears the most embarrassment and it involves more risks so find a way to settle quickly. Don’t waste your time delaying the case. It is best to make it go away the minute it’s presented to you.

– Do not fight a subpoena. Doing so could only expose your identity. Copyright infringement is not something that you could just take for granted. You need to protect your own identification and avoid a potential scandal that will not help you in any way in your life.

– Fighting a case could lead to more expensive costs compared to every negotiated settlement. Besides the hassle that can be expected in a lawsuit, there are legal fees that you need to consider should you decide to fight a case. You may get a total that could have been avoided if you just settle.

As provided by copyright law, a copyright grants a creator exclusive rights to the distribution or reproduction of his original work. There may be exceptions but initially, the creator owns the copyright of their created work. It would be good if people have a better understanding of how creators such as those in the entertainment industry come up with works of art. But in the meantime, they should focus on how to respond to a letter of demand.

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Why Is a Driving Licence Check and Validation Important?

If you run a fleet management company, you will have drivers who work for your company. In this case, it is the employers responsibility to make sure that their employees hold a valid UK driving licence. A Driving licence validation can help protect employers from having to pay unnecessary penalties.

The status of a driving licence may change many times for a number of reasons. In some cases a driver may not even know about the status change. After the first validation of a licence has been done, the next validation is automatically scheduled. However, the frequency of this licence checking process is usually based on a driver’s risk profile. If the licence gets disqualified during the validation process, then the employer will be notified immediately.

Third-party licence checking services conduct the driving licence validation process using the Access to Driver Data (ADD) service. ADD gives real-time driving licence information through a business-to-business interface. ADD includes all the necessary information needed such as driver’s name, date of birth, address, and other driving details such as entitlement, disqualifications, and penalties. ADD provides 24/7 real-time driving licence data. ADD gives you a quick response with accurate licence/driver information. If there is no information available, it returns a simple response saying driver’s information is not available.

What Is Driver and Vehicle Information Solution (Davis)?

Davis is an expanded brand, which includes some additional information about the driver and vehicle. It is a cloud-based solution, which enables customers to add or remove various optional modules. It mainly covers four areas: the vehicle, its driver, Policies/Guidelines and driver/vehicle related services. The modular structure of Davis allows customers to utilize either a single service or a mixture of several services. This mix-and-match approach is highly beneficial to a business in that it allows them to add or remove modules when they want. Davis helps organizations to meet the regulations needed to avoid them receiving any unnecessary penalties.

Significance of the Licence Card Data Reader

Another service provided by a third-party licence checking service is a Card Reader (CDR). It captures all the licence/driver data in a single pass. Both sides can be read simultaneously. It just requires the software to be installed on a local PC to drive the reader. Using CDR, forged data can be detected easily. CDR is very user-friendly, and requires minimal training. Once the data is read, it is directly uploaded into the software. The CDR helps to speed the process up as it can read large amount of data in a short time.

Benefits of Driving Licence Checking and Validation

Driving licence validation can offer a lot of advantages to your company, some of them are listed below:

  1. Helps identify misinterpreted information and reduce the risk of forged documentation.
  2. Saves you time, because e-consent is valid for three years.
  3. Using the card data reader can validate international licences.
  4. Companies can avoid potential penalties.
  5. Business owners can have peace of mind. They can be confident about their employees driving licence and insurance information.
  6. Improves travel/road safety for everyone, including company, customer, and the driver.

 

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The Do’s and Don’t of Workplace Injury Claims

When an employee is injured while on the clock, they have the option of accepting workers’ compensation benefits through their job. These benefits are meant to help cover the cost of the damages and losses incurred as a result of the accident. This may include lost wages, hospital bills, medical expenses, prolonged therapy, and more. If you were recently injured at work, it is in your best interest to learn what you can about workplace accidents and injury claims so that you may make the right decisions regarding your physical and financial recovery.

If you have not been injured at work, it is still wise to learn these tips so that you are prepared if it ever happens to you or someone you love. Continue reading to learn what you should and should not do in the case that you are injured at work and considering workers’ compensation.

Here’s What You Should Not Do:

Do not hide your injury or fail to report it.

Do not decline medical attention. This can be harmful to you both physically and in terms of filing a claim.

Do not let the company’s case manager into your hospital examination room while you are with the doctor if you do not want them in there.

Do not let the workers’ compensation insurance carrier take too long to approve or deny your injury claim. There are state laws that mandate when they must respond. It is usually within 30 days after the claim is officially filed.

Do not believe your employer if they tell you there is a “minimum period” of employment that you must retain in order to receive workers’ compensation benefits. You are entitled to benefits immediately, no matter your length of employment.

Do not miss or reschedule any appointments that are made by your employer’s workers’ compensation insurance carrier. Missing too many appointments can revoke your right to certain benefits.

When you return to work, do not let your employer place you into a line of duty that violates your work restrictions.

Here’s What You SHOULD Do:

Report your injury immediately, whether you think you need medical care or not.

Demand that a written accident report is made on the spot and be sure to get a copy for yourself.

Immediately seek or accept medical attention.

Retain all paperwork and documentation of your accident, injuries, and medical care. Keep track of all the written restrictions and instructions given to you by your doctor.

If your employer makes any retaliations or threats in regards to your claim, contact the Department of Labor immediately and report the harassment.

If you are unsatisfied with your medical treatment or diagnosis, ask for a second opinion.

If you are denied certain benefits due to a “pre-existing condition”, be sure to protest with the help of a licensed personal injury lawyer.

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Basics of Navigating the Digital Millennium Copyright Act (“DMCA”)

Due to the proliferation of the Internet, social media platforms, and hosting websites, online service providers have often become unwitting hosts to materials that may potentially infringe on the copyrights of another. Likewise, original content creators have also increasingly found themselves to be targets of unjustified DMCA takedown requests. Sometimes these takedown requests are made for anti-competitive or harassing purposes by competitors of the website operator.

The Digital Millennium Copyright Act (DMCA) provides a safe harbor in certain circumstances for website operators, who host materials submitted by third parties that may infringe the copyrights of others. If the copyright owner provides a take down notice in compliance with the requirements of the DMCA and the website operator timely complies with its obligations under the DMCA, it may be shielded from liability for copyright infringement. The website operator can adopt and post a copyright policy to facilitate DMCA compliance. A sample copyright policy is below, which requests that a takedown notice including at least the following information:

  • A detailed description of the copyrighted work you believe is being infringed upon description of the location of where the alleged infringing content appears;
  • Your contact information (including name, address, telephone number, and email address);
  • A statement that you have a good faith belief that the alleged infringing use is not authorized by you as the copyright owner, your agent, or by law;
  • A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are indeed authorized to act on behalf of the copyright owner; and
  • An original signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of the copyright as well as to submit the claim.

In addition to the policy, the website operator should register an agent with the United States Copyright Office.

While the above identifies a number of eCommerce and internet law issues affecting compliance with the DMCA, an in-depth analysis may be required. For example, the timeliness requirement for the take down has been a hot litigation topic lately. Additionally, the DMCA applies to copyrights only, and does not currently provide a safe harbor for trademark infringement or patent infringement claims. These type of claims stemming from users of the website can be addressed in the Terms of Use or other website agreement between the website operator and its users.

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Significance Of Character & Police Clearance Certificate In Immigration

If you are planning to settle permanently in any foreign country, police clearance certificate is one of the essential documents you will need in order to qualify successfully for the permanent residence visa process. A police clearance certificate is issued to Indian passport holders by the concerned police authorities covering the time period of the applicant’s stay in the particular region. If any applicant has been involved in any kind of illegal activity or was arrested for violating the law anytime, the police clearance certificates notes the entire nature and reasoning of the applicant’s case. In much simple words, a police clearance certificate represents how ethical or unethical your character is in the eyes of law of the counties you have lived after the age of 16 years.

Necessity and validity of the police clearance certificate in the immigration process

It is necessary for a prospective immigration who is 16 years older and currently residing in India to have his criminal check done. If the candidate is an Indian citizen age 16 or older and currently residing in India, whose passport was issued MORE THAN six months prior to their immigrant visa interview date, should obtain a Police Clearance Certificate from both the nearest Indian Passport Office and the District Police in the area in which they reside. However, if their passport was issued LESS THAN six months prior to their interview date, they only need a Police Clearance Certificate from the nearest Indian Passport Office.

Factors that impact police clearance check

The following factors will have an impact on your police clearance check:

  • You have a substantial criminal record: By this, it means that past records will be assessed. A sentence(s) of 12 months or more in prison will impact your police check.Also, a suspended sentence is considered as a prison sentence.
  • You have been convicted of escaping: In case you have been found guilty of escaping from immigration detention (during or while detention or had escaped and were taken into detention later), it may bring an adverse impact on your PCC.
  • You are/were associated to a criminal group: In case you have been a member of organization or group that has bad records and the Minister for Immigration reasonably suspects your involvement in the group/organization criminal activities, it may impact your police check.
  • You are/were involved in any crime or offensive acts: If the Minister for Immigration reasonably believes your involvement in criminal acts like human trafficking, smuggling, genocide, sexual offense, torture of slavery, a crime against humanity, a crime of serious international concern, it becomes difficult for you to obtain a PCC.
  • Your past records prove you of an immoral character: If your past and presents records show that you are not of a good character and the government of the country thinks that you can be a threat to the country, you will be denied of a police clearance.

Procedure to apply for a police clearance certificate (India):

If you are 16 years or above, you can apply for a PCC at the places listed below, as per the associated conditions:

  • If you are residing in India and your Indian passport was issued within past 6 months
  • Apply at the Passport Office
  • If you are residing in India and your passport was issued more than 6 months prior to visa application
  • Have to apply at the Passport Office and the District Police Office near your place of residence
  • If you are an Indian passport holder and is staying outside India
  • Local Embassy or Consulate confirming you have no criminal record (a statement from Embassy or Consulate is acceptable)
  • If you are an Indian passport holder and currently resident in India, but has lived in another country (except for the U. S.).

You need to apply at the passport office, d District Police Office serving your place of residence (if the passport was issued more than 6 months prior to visa application) and the country of previous residence (if available).

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Is the Cost of Bail Higher for Felony Charges?

Discovering that your loved one has been arrested is not an enjoyable experience. No one wants to get this phone call; especially because your first thought is likely about the expense it will cost you. Finding out that your loved one was arrested on serious felony charges is even more disturbing, and can cause your mind to go into a whirlwind of questions and concerns. As history shows, many people want to know if a felony charge will increase the cost of a bail bond. The answer to this question, however, is not cut and dry. Continue reading to learn how the cost of bail is calculated, and whether or not the severity of the crime affects the total price of bail.

Cost of Bail

Bonds are set by judges who consider various factors before deciding on an amount. These factors include, but are not limited to, the defendant’s criminal history, the severity of their crime, and whether or not they are a flight risk. So in short, “yes”; the cost of bail is absolutely affected by the severity of criminal charges. This is for many reasons.

Bail Schedules

Most states have bail schedules with predetermined bond amounts for certain categories of crimes. For instance, shoplifting might come with an automatic bail schedule of $1000, while domestic violence might have a $10,000 bond or more. The more serious the crime, the higher the bond amount set by the judge. If a charge is a violent one, such as assault, battery, domestic disturbances, and child abuse, you can guarantee that the bond will be set high. Furthermore, all preset bond amounts, however, can be increased upon the judge’s discretion depending on the previously discussed factors. But not to worry, our U.S. Constitution protects us from excessive bond amounts. So they will be fair.

Bail Bondsmen

Unless you want to pay the jail or courts the full bond amount in cash or property, you will need to hire a bail bondsman. They charge a nonrefundable fee that is a set percentage of the total bond amount. For felony charges, bond amounts will be higher, which means the cost of a bail bond will be too. The premium a bail bondsman is allowed to charge is controlled and regulated by the State’s Insurance Department. Currently, this rates are set between 10 and 15 percent. This means that the total allowable premium that bail bond companies are allowed to charge can be anywhere between these percentages. They get to choose how much they charge within this range. If a person is facing a felony charge and they have a history for fleeing, a bail bondsman will charge on the higher end, closer to the 15% marker. For first time or minor offenses, most stick with the 10% charge.

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Are Your Circumstances Suitable for a Collaborative Divorce?

You may be suitable for a collaborative divorce if you seek:

  1. A dignified approach to handling your divorce
  2. A fair and non-aggressive resolution of issues based on the best interests of the family, not the individual
  3. Guidance, support and advice on legal issues without the threat of fighting in court.
  4. A chance to work through emotions and avoid misunderstandings to arrive at sound decisions
  5. To avoid the cost and emotional strain of court proceedings
  6. To keep your dispute and terms of your settlement confidential

How do I kick start the process?Contact a collaborative divorce lawyer. You must choose a lawyer trained in collaborative family law for the process to be effective. An experienced lawyer knows about the required documentation that can make process hassle free.

What happens when we reach agreement?

After you reach agreement, your lawyer can prepare divorce papers that the court is likely to approve.

What happens if the process breaks down?

You may explore other options such as mediation to avoid from going to court. However, if you do take your case to court, your collaborative lawyer cannot act on your behalf in court proceedings as they have signed an undertaking not to litigate.

What is the difference between the collaborative divorce process and court litigation?

Collaborative divorce is a voluntary process that gives divorcing parties control over the process, including the timetable. On the other hand, the litigation process is controlled by the judge and determined by court dates, and parties must comply with the court’s orders. Divorce Lawyers will facilitate direct negotiations between parties in collaborative divorce, working towards a common goal that is in the best interests of both parties and the family, and parties will be encouraged to consider short- and long-term impacts of their decisions. In litigation, both parties and lawyers are pitted against each other, and parties will bargain based on their own needs and rights. They will not be actively asked to think about the short- and long-term effects of their choices.

As can be seen, collaborative divorce allows the parties, instead of the judge, to make the final decisions. Due to this, however, there is no guaranteed settlement in collaborative divorce. If parties cannot reach a final decision, they will need to proceed with litigation. The process of collaborative divorce is confidential, but if parties enter into litigation, the records of Court proceedings will be publicly available.

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A Myth Regarding Personal Injury Protection

I often get told by my clients that they “do not want to make any claims on their own insurance policy” because “it will raise their rates.” Like many things, this is an insurance tactic meant to scare people from claiming what is rightfully theirs. Let me elaborate further.

Under Texas law, every person in the State must carry Personal Injury Protection (“PIP”) coverage on their auto insurance policy, unless you expressly sign a rejection or “opt-out” of this coverage. The State minimum requirement is $2,500, although many people carry $5,000 or $10,000 in coverage (or sometimes even more, depending on what their auto insurance carrier offers). Importantly, under the Texas Insurance Code, it is illegal for your insurance company to raise your insurance rates, drop your coverage, affect your credit, etc. for making these claims. Therefore, if you have this coverage, you always want to use it.

PIP coverage is meant to reimburse you for two things: (1) medical bills you have already incurred or (2) lost wages (although it will only cover 80% of your lost wages). Additionally, Texas allows “stacking” of insurance benefits. For example, let’s say you get into an accident and you are taken to the emergency room where you incur a $10,000.00 bill. Let’s also say that you have the standard $2,500 PIP policy through your insurance company. After you are finished treating, we send that same $10,000 bill to both the Defendant’s insurance company and to your own. We get you paid $10,000 from this insurance company plus $2,500 from your own PIP coverage for a total reimbursement of $12,500. That’s right, you get paid $12,500 for a bill that was originally $10,000.

I always tell my clients the same thing: If you pay for this coverage every month in your premium, and if your insurance company cannot raise your rates for using it, then why wouldn’t you use it? It is free money falling out of the sky. However, because it’s free money falling out of the sky, many insurance companies (and their agents) will deliberately try to convince you that you do not need it because “it cost more.” Again, this cannot be further from the truth. The cost of this coverage is literally pennies on the dollar for what you get in return should you need to use it. Further, the best part is that this coverage is no-fault, meaning you are entitled to these benefits whether you caused the accident or if someone else hit you.

For these reasons, it is a no-brainer not only to have this coverage, but also to use it once you need it.

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Importance of Immigration Lawyers

Immigration lawyers generally help their clients in issues relating to visas, citizenship and other immigration benefits. Not all instances require the services of an immigration lawyer; however, immigration law in many countries is quite complicated and hiring an attorney will save you money, time and the hustle of moving around immigration offices.

Why should you hire an immigration lawyer?

  • An experienced and competent immigration attorney understands the law thoroughly and will be up to date with recent changes to the law. Moreover, the attorney will know the right procedures, administrative forms and all requirements to appropriately handle your case.
  • You can rest assured that your interests and rights will be well represented and defended. He/she will ensure that you are adequately protected from any form of abuse and exploitation and bar you from making critical mistakes. You’ll also receive regular updates on the proceedings of your case.
  • Immigration lawyers have to adhere to the set professional standards and will therefore commit themselves fully to offering quality, accurate and professional services. Their accreditation helps them maneuver the complicated immigration bureaucracies.

How to find an excellent immigration lawyer

A good immigration advocate can impact positively on your case and this is how to get your hands on one:

  • Ensure the potential lawyer is trained and licensed to handle cases similar to yours.
  • Do some research on the lawyer you’re about to hire and check the reviews he/she has received from clients. Now that will help you make a wise decision.
  • The lawyer you intend to hire should give ethical advice while also restraining from illegal practices such as bribing.

When should you call an immigration lawyer?

You will definitely need to seek the services of an immigration lawyer if you encounter the following:

  • If you have been deported from the country you were living in and you wish to return.
  • If you have committed a criminal offense or have been convicted of a criminal offense and you want to avoid a removal from the foreign country.
  • If you are planning to move to another country for work and your employer is not in any way assisting with the immigration process.
  • If you are requesting for any form of exceptional benefits that the state would not ordinarily offer to an applicant in your position.
  • If you had immigration application denied or refused.
    The list could go on and on but the bottom line is that you shouldn’t hesitate to call an immigration lawyer when faced with any immigration issue.

What to expect from your immigration lawyer

If you have hired a good lawyer, here is what to expect:

  • He/she should be respectful, ethical and professional.
  • He/she is knowledgeable on the complexities of immigration laws and also experienced to handle your case.
  • Charges reasonable fees after providing the estimates in advance.
  • He/she works diligently throughout and ensures that your case goes to a successful completion.
  • Helps you in making the right decisions, keeps all information confidential and also keeps you posted on the details of your case.
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FAQS About Public Defenders

When you are learning about public defense, the first question you are likely to ask is, “What is a public defender?” So let’s not waste anytime answering this question, and many more frequently asked questions about public defense lawyers. A public defender is a criminal defense lawyer that works for the state and paid by the government. They provide free legal representation to defendants that are facing criminal charges that are punishable by jail time. Continue reading to read more common questions and answers just like this one!

Do Defendants Have to Pay for a Public Defender?

No, clients do not pay. However, a judge must decide that a defendant qualifies for public defense before one is appointed to them. In cases that a person is fully capable of paying for a private representation, they may be denied state assistance.

Is a Public Defender Less Qualified Than a Regular Criminal Lawyer?

No, both public defenders and private criminal attorneys are equally qualified in terms of education requirements, certifications, and licensing. The only difference is the level of skills and experience of each person.

Should I Use Public Representation or Hire My Own Lawyer?

Although public defenders are equally qualified doesn’t mean they are the most promising option for defense. Since they work for the state, their case loads are extremely rigorous and overflowing. This means they only have a limited amount of time to spend on each case. A private attorney can provide personalized representation to ensure you avoid the maximum penalties if convicted of your charges. Whether you are facing a petty charge like shoplifting, or a major charge like manslaughter, private counsel is the best choice, no matter the price. You can’t put a price on freedom, after all.

Can a Public Defense Lawyer Reject My Case?

If you are indigent and cannot pay your bills as they come due, it would be both unethical and illegal to have your case rejected since it is a violation to your Constitutional rights. Although a case can be handed over from one lawyer to another, it cannot be rejected and ultimately “skipped over” or denied. A person who is entitled to free representation will get it, no matter what.

Can I Request a New Lawyer?

If you are found to be eligible for state defense, you will be assigned a lawyer by the court. If this lawyer does not meet your expectations or recover the plea arrangement that you wanted, you do not have any options. Unless you can prove to a judge that your current lawyer is somehow violating your right to adequate representation, you cannot switch or be appointed a new one. Inadequate representation includes scenarios like missing appointments, failing to meet deadlines, forcing you to a certain plea, not informing you of case status and court dates, and ignoring critical evidence. And if you choose to appeal your conviction, you must hire private representation anyway, so asking to switch at that point wouldn’t be necessary.

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