Free Glide

Read carefully. This could be your story.

It was the night of my company’s Christmas party. The
moon was full. Christmas music was playing on the car
radio. My wife and I were excited about a night out alone,
away from the kids. We quickly navigated the 10 miles from
our house to the hotel at which the party was being held.

Upon arriving at the party, we made our way to the bar,
making full use of the ‘free drink’ coupons in the bag of
goodies that each employee received upon their arrival. My
wife ordered a glass of white wine. I had a gin and tonic.
After some mingling, we were seated and dinner was served.
We each drank a glass of Chardonnay with dinner. We also
had a cup of coffee with our dessert.

After dinner and some presentations, a DJ opened up the
dance floor. We danced for the next two hours. During
this time, we each had about three additional glasses of
wine. As the night drew to a close, I drank a glass of
water to replenish some of the fluids I lost while dancing.

We said our goodbyes and headed for our car.

As we waited outside in the cold air for the valet to
bring up our car, I felt sober. I knew my limits, and this
certainly wasn’t my limit.

We laughed and sang to music as we drove home. We were
having a great time. I drove cautiously and carefully, as
I always do after I’ve been drinking.

As we approached the exit to our house, I noticed a red
light and high beams on me in my rear view mirror.

“Darn, I’m getting pulled over”. My wife immediately
turned around and looked at the cop and started getting
nervous. She reached in her purse. “Here, have a mint’.
“Don’t be moving around and acting suspicious”, I snapped.
If I wasn’t sober before, I felt completely sober now.

The cop approached the car, and I rolled down my window.
“Your license and registration please”.

“Why did you pull me over officer?” I ask. “Your license
and registration please”, he repeats sternly. I took out
my wallet, while my wife fumbled for the registration. I
handed both to the cop. He held up his flashlight and
reviewed the documents.

He shined his flashlight into my eyes. “Have you had
anything to drink tonight?” I told him we’d just come from
my office Christmas party, but that I’d had only one drink.
I figured he might have smelled the alcohol on us, so he’d
know I was lying if I said ‘nothing’.

He walked back to his car and radioed in some information
about us. I thought about how I’d hoped to cap the night
off by driving my wife home and taking advantage of her as
soon as we walked in the door. Instead, my perfect night
was turning into a perfect nightmare.

He walked back to our car, and before he could speak, I
asked if he would please just let us drive the mile down
the street to our house. The cop said that he would like
to administer a few tests, and that if I passed them, we
would be free to go. He asked that I get out of the car.
I was hopeful, as I stepped out of the car, that I would
pass his tests and we would be on our way.

As I stood in front of the cop, I grew more and more
nervous as I considered that I might be arrested in front
of my wife, and that I would be spending the night in jail.
As the cop shined his flashlight directly into my eyes, I
was swiftly drawn back into the present.

The cop held up a pen, and asked that I keep my head still
and follow the pen with only my eyes, as he moved it back
and forth in front of my face. I had no idea what he was
looking for, or how to tell if I’d passed this test.

He then asked me to lean back, hold out my hands, close my
eyes and touch my nose with the tip of each finger. I
think I passed this test with flying colors.

Next, he ordered me to place one hand flat on the other
and flip one hand over onto its back, starting slowly and
accelerating the pace. Again, I think I did great.

Finally, he asked me to take a Breathalyzer test.
Hesitant, I asked him if I could please be allowed to go
home, since I passed all of his tests. “If you refuse to
take the test, you will be arrested and you will lose your
license for one year”.

I silently wondered if he was lying to me, as I looked him
in the eye and considered my options. I got a distinct
feeling that this cop didn’t like me; almost as if I was his
enemy or perhaps a felon he wanted to arrest. Since I
wasn’t sure of my rights and the law, I opted to take the
test. I was kicking myself for not taking the time in the
past to know my rights. Now that I needed that knowledge,
it was too late.

As I blew into the Breathalyzer, I tried to blow out of my
nose to try and trick the machine, hoping that my breath
would mix with the outside air and provide a lower reading.
I also tried to pretend that I was blowing into the machine
with great effort, when I was really not blowing very hard
at all. The cop warned me to blow hard with my lips tight
around the unit. The machine came back with a reading of
‘.08′. The legal limit is .08.

“You are under arrest for driving under the influence of
alcohol. Turn around and place your hands on your head”,
said the cop. It seemed surreal. One minute I was driving
home, laughing with my wife. The next minute I was being
arrested and hauled off to jail like a common criminal.
I’d never been arrested in my life.

To make a long story short, my wife cried herself to sleep
that night. I hung out at the county jail all night,
getting harassed by various felony suspects. After I was
released I spent $8,000 on an attorney, missed several days
of work, got convicted of driving under the influence, and
paid a $1,500 fine. I performed dozens of hours of
community service, most of it feeling like an idiot while in
an orange vest picking up trash alongside the road. I lost
my license for 30 days. I had to complete a first time
offender’s program and go to AA meetings. I also couldn’t
drink alcohol for 90 days. My insurance premiums increased,
my relationship with my wife suffered due to the stress this
put us both under, and I was forced to ride my bike to work
for a month.

I wish there was a happy ending, or at least a silver
lining. There wasn’t. In fact, I’m still paying for that
mistake. I wish I’d known my rights and how to act in that
situation. Perhaps it would have turned out different.

Learn from this man’s mistakes. One DUI can make your
life a miserable existence that may drag on for months, or
even years. You can take your chances and continue to play
‘DUI roulette’ with your life, or you can be smart and
protect yourself by learning your rights and critical
strategies for avoiding a DUI arrest and conviction.
The choice is yours. Choose wisely.

What can YOU do to avoid a DUI arrest and conviction?
Dr. Franklin Pierce has created the ultimate guide -
“How to avoid a drunk driving arrest and conviction”
Including top secrets of cops and lawyers to help you
gain an unfair advantage.
FREE Details:
Click Here

Introduction

I recently received a query from a practicing solicitor asking for advice on using Deeds of Variation. The solicitor in question was acting on behalf of clients who wished to alter the terms of their father’s Will to afford a fairer disposition of the assets amongst family members. Ordinarily this would one of the situations where a Deed of Variation could be employed. However, the testator’s death was 6 years ago.

The query was despite the lapse in time, could a Deed of Variation still be used without asking for it to be applied retrospectively for the purposes of inheritance tax and capital gains tax?

The Purpose of the 2 Year Rule

To recap from my previous article, in order to be valid a Deed of Variation must comply with 3 conditions;

Must be made in writing.

All persons who were original beneficiaries in the Will and any persons who benefit from the proposed variations in the Deed must sign the Deed.

It cannot be given for money or money’s worth.

It must be made within 2 years of the death of the decedent.

One of the most crucial uses for a Deed of Variation is to affect the tax liability on an estate. Therefore, for a Deed to be valid it must be made within 2 years of the death of the testator in order to be applied retrospectively for Capital Gains Tax and Inheritance Tax. If a Deed of Variation fails to comply with this - or any of the other conditions - it ceases to have retrospective affect for tax purposes, and amounts to nothing more than a transfer of value - namely, a gift.

Having liased with the Inland Revenue on this subject, it is clear that Deeds of Variation are only to be used within the 2 year period as, to quote an Inland Revenue adviser “there would be no point in using such instruments after that time as it would afford no tax saving benefit”.

Changing the Will after the 2 Year Period

So, what do you do if you wanted to change the terms of a Will after the 2 year period? As stated above, where a Deed of Variation does not comply with the 2 year rule, any dispositions which the beneficiaries seek to make via the Deed amount to nothing more that simple transfers of value, gifts. Thus, the approach to adopt would be to make Potentially Exempt Transfers of the assets which the beneficiaries seek to redistribute.

This is as simple as handing over the gift, or saying ‘I give up my interest and gift it to you’. It is always advisable however, particularly where substantial interests in property are involved, to write a memorandum of the potentially exempt transfer. Such a memorandum should include the name of the person giving the gift, to whom the gift is given and the date.

JsByrne
LLB (Hons) LPc.
www.Draft-Your-Will.com

Miss Js Byrne holds a Bachelor of Law degree with Honours & a post-graduate diploma in Legal Practice. Also gained qualification in Wills Writing & is the owner/author of http://www.Draft-Your-Will.com

The personal injury laws of New York have twin objectives. One is to protect individuals from getting injured by the rash actions or negligence of others. The second is to ensure that a citizen is duly compensated for the physical and mental damages he suffers as a consequence of such carelessness or recklessness. The laws cover a wide field including road and rail accidents, slip and fall, construction accidents, defective products and medical malpractice.

Laws and precedents, which mean earlier decisions by courts, govern cases relating to personal injury. The fundamental principle is that no person has the right to cause harm to another either by acts of commission or omission. In the context, negligence means the failure to take prudent care. One example is a man taking out his ferocious dog without a leash. Another instance is driving around in a defective vehicle. A manufacturer who sells his product knowing that it may cause harmful consequences is also liable if a customer is injured while using it.

Damages for which compensation can be claimed are not limited to physical injuries. Mental agony and emotional stress could also be included in the claim for compensation, along with medical expenses and a lot of other things. It is advisable to have a lawyer experienced in personal injury cases work out the claim. Several competent attorneys practice in the different branches of personal injury law in New York.

According to the law, the person who makes the claim has to prove that he was injured because of the other individual’s fault. It often happens that the victim was also partially responsible. In those instances, the court is likely to look into the percentage of fault.

The statute of limitations allows an adult only three years to file a case for compensation for personal injuries.

A Living Will is a legal document addressing only deathbed considerations; a client unilaterally declares his/her desire that life-prolonging measures be discontinued when there is no hope of ultimate recovery.

On the other hand, people use a Durable Power of Attorney for Health Care to appoint someone to make all healthcare decisions, limited by certain elections regarding deathbed issues.

The client must be at least 18 years old and mentally competent at the time he/she executes either document but incompetent to participate in the decision-making process when either is implemented. It is important to remember that both documents are only applicable if the client is incompetent.

Under the a Living Will, a client declares that if he/she is certified to have an incurable, terminal injury/illness and/or to be permanently unconscious by two examining physicians (including the client’s attending physician), that artificial life-support systems be withheld or disconnected. The client may also elect to discontinue artificial nutrition and hydration (intravenous feeding) by so designating on the form. (Find more information at: legalhelper.net/living-will.aspx)

Under the Health Care Power of Attorney, the client makes three separate and independent elections authorizing the agent:

1. To direct disconnection of artificial life-support systems in the event of terminal illness;

2. To direct disconnection of artificial life-support systems in the event of irreversible coma; and

3. To direct discontinuation of artificial nutrition and hydration.

In addition, the Health Care Power of Attorney form provides a space for the client to set forth any specific medical, religious or other desires concerning his/her health care. The client may also use this section as a backup source for organ donation. (Find more information at: legalhelper.net/power-of-attorney.aspx)

Both documents are signed in front of two witnesses and a notary public or a justice of the peace who acknowledges the client’s signature. The witnesses to a Living Will are sworn by the notary public/justice of the peace and indicate that the client is at least 18 years of age and signed the instrument as a free and voluntary act.

The Living Will witnesses may not be the client’s spouse, attending physician, heirs-at-law or person with claims against the client’s estate.

The Health Care Power of Attorney witnesses may not be the designated agent, the client, spouse or heir or person entitled to any portion of the client’s estate upon death under Will, Trust or operation of law.

People are frequently confused as to why both a Living Will and Health Care Power of Attorney are necessary or appropriate. The Living Will is helpful as a backup document: In the event that the client enters an irreversible coma and the health care agents designated in the Health Care Power of Attorney are deceased or unloadable, the Living Will sets forth the desires of the client concerning his/her death-bed treatment which may be followed by attending physicians. The law provides that to the extent that a Durable Power of Attorney conflicts with a Living Will, the Health Care Power of Attorney controls. Copies of both the Durable Power of Attorney for Health Care and the Living Will are forwarded to the client’s primary care physician for inclusion in medical records.

Both documents are revocable through normal revocation procedures.

Note that http://www.LegalHelper.net provides an easy-to-use, quick, and economical online method for creating completed legal documents for any occasions.

About The Author

James Wood is a free-lance writer on family issues; his main goal is to help people during their complicated period of life, to find a right legal solution in regards to family relationship.

Website: LegalHelper.net (http://www.legalhelper.net/power-of-attorney.aspx).

wjames@legalhelper.net

If you have figured in any sort of accident that includes personal injury in the State of Georgia, then you need to hire a Georgia personal injury lawyer.

Georgia personal injury lawyers bring their years of professional experience to accurately estimate the extent of monetary settlements you may receive should you be involved in an accident. Certain elements are considered in calculating monetary damages. These include the negotiation with the injured to assess fault, calculation of damages including property damage, pain and suffering of the injured including medical expenses, damage to property, present and future loss of income and loss of enjoyment. In certain cases, the Georgia lawyer may also advice you to file for punitive damages.

Certain statutes of limitations restrict the time period that a personal injury lawsuit can be filed. These laws vary by state and cause of action. It is important to check your local laws on time limitations imposed on lawsuits.

Both you (the client) and your Georgia lawyer should discuss legal fees in your initial meeting. At first, your lawyer may not be able to forecast the exact amount of time and effort he or she will put in the case. But don’t leave without a quote. Your lawyer should give you an estimate of the legal fees based his or her past experiences.

Remember that you should not be afraid to raise the issue of legal fees. And, after the case is closed, be sure to ask for a detailed billing showing your lawyer’s time and effort. Inspect it and see if everything is in order. Some opportunistic lawyers may charge ‘hidden’ fees, so don’t be afraid to refute the bill, if you don’t agree with the charges.

Keep these considerations in mind when hiring a personal injury lawyer in Georgia. Getting things ironed out even before you hire him or her will save both of you time, money and effort.

In the movie “The Bachelor,” starring Rene Zellweger and Chris O’Donnell, a young man’s grandfather had himself videotaped reading his will, in which he directed his grandson would receive his $100 million estate only if he was married by 6:05 p.m. on his 30th birthday. If not, the grandson inherited nothing. The rest of the movie is about the grandson trying to overcome his fear of marriage and getting married on the next day, his 30th birthday. He proposes to 10 women whom he doesn’t love while the song “Hit the Road Jack” plays in the background. But, in the end, his true love comes through and the wedding occurs just in time (and in the money) at 6:05 p.m. The movie closed with the song “Your Love Keeps Lifting Me (Higher and Higher).”

There are a couple of legal issues you should know about before we press on with the main point of this article.

• First, I don’t know of any states which permit only a videotaped statement of the testator’s intent; The will must be written, signed and witnessed.

• Additionally, the witnesses may not be heirs or persons receiving property under the will, and each state has its own set of formalities.

• Third, some states do not allow a handwritten will, also known as a holographic will, even if the handwriting is authenticated by an expert.

• Fourth, if there is property in multiple states, it is probably necessary to ensure that every state’s execution formalities are satisfied.

• Last, the video would probably not be admitted into evidence unless there was a real issue that the testator was legally incapacitated at the time the will was signed. So, if someone says to you that they videotaped their will and it’s not written by a lawyer, you might let them in on the pitfalls and suggest that they call an attorney.

So what good would a video do if it has relatively little legal significance? A will primarily deals only with the distribution of your real and personal property and guardians of surviving minor children. Sometimes the will is filled with complicated formulas to avoid estate taxes and may create one or more trustsnot very heartwarming stuff for the survivors.

The will does not express to your loved ones your personal values, your beliefs, advice and family stories, or how you want your children raised in your absence. But, if you create a personal video and include it with your will, future generations can know you and carry on your life story for generations to come. You might give some much appreciated advice to your children’s guardians. These videos have become known as “Ethical Wills.”

Professional media personalities have gotten into the act by doing what movies have always done, combining stories, pictures and matching the perfect music to it and creating DVDs.

Nicole Sandler worked for 26 years as a Radio Personality; At L.A.’s KSCA and Channel 103.1, she interviewed many of rock’s biggest names (see her blog at www.radioornot.com), and she’s now in the business of creating family histories and ethical wills on video with Legacy Video Productions (www.legacyvideoproductions.com).

Nicole asks new clients to send 100 or more photographs and video clips and write post-it-notes about the event and what should be said about it. Nicole can do the voice-over, but she encourages clients to tell their own story in their own words. She conducts interviews locally and long-distance, blends the photographs, video and music and the results are magical, just like life. So if you are wondering what things may be left undone this year, maybe it’s time to try something different and create a family memory or “Ethical Will” and tell your loved ones just what you want them to remember about you and perhaps answer some of the “why’s” about you and your family.

For more information on producing your living legacy video, check out www.legacygroupunlimited.com or call Nicole at 305-653-1159.

Injuries due to criminal activities, can be one of the most complex and traumatic experiences that anyone can suffer. A criminal injury claim in these terrible incidents, can profoundly affect both the victim and the victim’s friends and family, leaving both emotional and physical scars that can last a lifetime.

Few people understand the sensitive and complicated nature of criminal injury claims and can sympathise with those who require the legal help often necessary after these incidents. Criminal injury compensation is especially unique and each case must be dealt with in a unique manner.

Getting Started Can Be The Hardest Part

The most difficult part of a criminal compensation claim, quite often, is coming to the decision to seek one. Serious crimes, that leave the victims injured both physically and mentally can have all sorts of impacts, depending on the person.

Far too often, the victim chooses to put the incident behind them, without persuing for justice that they deserve because they feel that a court case will just make things worse. That’s when a trusted compensation solicitor comes in handy.

Because of the sensitive nature of these cases, a trustworthy and caring solicitor will be your best friend in the battle. If you feel comfortable with your injury solicitor, then you will be able to get the verdict and the compensation you’ve been hoping for. Together, you can turn this whole incident around and find the silver lining in the cloud.

Don’t Be Victimised! Fight Back!

After suffering a criminal incident such as an assault, many victims tend to shun away and try to bury the memory, in hopes that it will go away. This, unfortunately, is probably the worst thing anyone can do, while we understand the trauma that has been suffered, we must push hard for a compensation claim, because it is the right thing to do.

Allowing those who have hurt you to remain free from responsibilities is unacceptable.
Finding the right accident compensation solicitor and taking those responsible to court is the right and justice thing to do, as you could possibly prevent them from assaulting others.

From Victim To Victor!

Take back your life and get the compensation you deserve. Go from being a victim to a victor and make them pay!

Getting the compensation you deserve can be a turning point in this tiring time, but you must not forget to choose the right solicitor in your battle, it can mean all the difference in the final outcome.

Start Today And Make Them Pay!

If you are a victim of a crime and have been injured, and are still not convinced that an accident claim is the way to go, then please read the following:

• If it was someone you cared or loved was hurt in a criminal activity, wouldn’t you push hard for justice?

• Even if the victim was reluctant and wanted to forget the whole thing, you would know better, because you cared and knew they weren’t thinking clearly.

• Not pursuing the compensation deserved can be a regretful decision, with many people coming to the realisation too late.

• Don’t become just another victim, just another statistic that is left to deal with the traumatic experience by yourself.

• There are solicitors who care, who will fight hard and win for you, who are not only concerned with the bottom line, but getting their clients life back on track.

• Don’t hesitate, make the decision and take charge today, you won’t regret it.

It’s easy to proceed with a criminal injury claim and gain maximum results without the hassle, costs and confusion. Discover the 12 revolutions of criminal injuries at http://www.100percent-compensation.co.uk/articles/criminal-injury-claim.html

These days a large proportion of the jobs available to the UK labour force are desk jobs. Even jobs that have always been associated with being on the road or outdoors type roles now feature a certain amount of computer time. For example, the police, who have long been allied with the image of the ‘bobby on the beat’, out on the streets, hunting for crooks, are spending increased periods of their shifts writing reports and filling in forms at their desk.

Although people have been fulfilling desk jobs for many decades, it is only in recent years that people have realised quite why they are suffering from acute back pain, tingling fingers and sore wrists. It has taken some time to grasp the link between work and pain but nowadays the discomfort that is suffered by a large number of people on a regular basis is directly linked to their desk job, the way they sit, the tasks they carry out and the work station provisions that employers are responsible for.

Work related injuries or industrial illnesses are now recognised as a very real problem that costs individuals in more than one way. They might have to bear the brunt of a loss of earnings, time off work, possible permanent painful disability and the pain that comes with a musculoskeletal disorder (MSD) (also classed as repetitive strain injury or RSI), such as carpal tunnel syndrome, vibration white finger and other back, neck and arm problems.

The key to minimising MSD’s is to eliminate work related risks. If a role entails stints of high speed typing then breaks should be encouraged and other activities which take the typist away from the keyboard should be built into each working day. Prevention is very important when it comes to this type of work related illness. Anyone suffering from this type of injury may not be able to work in their chosen field in the future because their injury prevents it.

By law, employers also have to ensure that their employees have a suitable workstation and as such must carry out a work station assessment. Some of the standards set out in the assessment are as follows:

Ensure that all staff have a suitable, fully adjustable chair with lumbar support if they need it, the chair should have a suitable length bottom cushion so that the employee can sit right back without pressure behind the knee

The computer screen should be at a suitable height and the correct distance away from the person using it (20 inches away is recommended)

That a wrist support is supplied if necessary, this supports the wrist when not typing

There should be enough leg room under the desk so that the employee can move their legs around comfortably

The computer screen should be free from glare. All employees should also have an eye test, paid for by their employer if they feel that they need one

The area should be free from obstacles such as wires and pieces of office furniture and equipment

When typing the wrists should be in a flat neutral position

Carpal tunnel syndrome (a type of compression neuropathy (nerve damage) caused by compression and irritation of the median nerve in the wrist) and repetitive strain injury are extremely common complaints amongst people who have to carry out repetitive tasks such as typing, stapling or any other recurring movement that is unnatural and awkward. It is estimated that in 2001/2002 12.3 million working days were lost in the UK to work related MSD’s. Many people who have to type for long periods of time, find that over time they begin to experience pain in their hands, arms, neck and back. Fortunately the symptoms can be eased but only but ceasing the activity that caused the problem in the first place. Bad news for typists.

The desk job populace aren’t the only ones to suffer however. With the rise and rise of gaming, from video games such as Playstation to Internet multi-play games, there has been a huge increase in the number of people with RSIs that aren’t related to work.

Children are becoming the new victims of MSD because of their passion for games. With millions of children owning a game facility the rise of carpal tunnel syndrome in and out of the work place could become the new scourge of society.

These days employers cannot argue ignorance as a plea against personal injury cases brought against them, including for cases of RSIs such as carpal tunnel syndrome. If they fail to adequately protect their employees from injury by expecting them to carry out repetitive tasks such as typing without breaks then they leave themselves open to becoming liable to pay accident compensation.

If you have been injured in an accident at work in whatever capacity, from a slip or a trip to an RSI developed because of your workload, then you are entitled to seek free legal advice and can claim compensation for your suffering and for any future loss of earnings.

For free legal advice regarding making a personal injury claim or to learn more about carpal tunnel syndrome, you can call us on 0800 197 32 32.

Call 0800 197 32 32 or visit http://www.the-claim-solicitors.co.uk for more details.

Author: Sophie Evan

Legislation

The Indian law of copyrigts is enshrined in the Copyright Act, 1957. The Act seeks to provide for the registration of copyrights in India. The object of copyright law is to encourage authors, artists and composers to create original works by rewarding them with exclusive right for a fixed period to reproduce the works for commercial exploitation.

What is Copyright

COPYRIGHT is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.

Copyright is the legal protection given to the creator of an original literary or artistic work. It is the exclusive right granted by the law to creator of such original work, to do, authorize, or prohibit certain acts in relation to such work, therby protecting and rewarding creativity.

Copyrights subsist in following class of works:

a) Original literary, musical, dramatic and artistic works.

b) Cinematograph films

c) Sound recordings

The rights vary according to the class of work. Copyright also subsists in translations, abridgements or compilations of such works, provided the permission of the Copyright holder is obtained. Computer programmes are considered as literary works and are protected under the Copyright Act. There is no copyright in an idea.

Rights conferred by registration

In general, registration is voluntary. Copyright exists from the moment the work is created. Under Indian law, registration is not required either for acquiring copyright or for enforcing it in an infringement action. However, registration has evidentiary value in a court of law with reference to dispute relating to ownership of copyright.

Author of copyright

Under the copyright law, the creator of the original expression in a work is its author. The author is also the owner of copyright, unless there is a written agreement by which the author assigns the copyright to another person or entity, such as a publisher. In cases of works made for hire, the provider of the work is considered to be the author.

Filing and Prosecuting Copyright Applications

An application for copyright on Form-IV accompanied by four copies of the work is to be made on Form IV ( Including Statement of Particulars and Statement of Further Particulars) along with the prescribed fee at Copyright Office of the Department of Education, New Delhi. The Copyright Office initially provides a filing number and filing date and issues a filing receipt. Thereafter the application is formally examined by the Office. Defects will be communicated to the applicant. Once the application is found to be in order it is accepted and the Copyright Office issues the registration certificate.

Duration of registration

The duration granted for works of copyright varies depending on the type of work. Literary or musical works or artistic works, other than photographs, have a life span, which extends for the life of the author and 60 years from the end of the year in which the author dies. However, if the work has not been published, performed, or offered for sale or broadcast during the life of the author, the copyright protection shall continue for a period of 60 years from the end of the year in which any of these acts are done relating to the work.

Cinematograph films, photographs and computer programs are protected for 60 years from the end of the year in which the work is made available to the public with the consent of the owner of the copyright or published, or, failing such an event, for 60 years from the end of the year in which the work is made. Sound recordings are protected for 60 years from the end of the year in which the recording is first published.

In the case of anonymous or pseudonymous works, the copyright is for 60 years from the end of the year in which the work is made available to the public with the consent of the owner of the copyright or from the end of the year in which it is reasonable to presume that the author died, which ever term is shorter.

Use of the “©” symbol

Anyone who claims copyrights in a work can use copyright notice to alert the public of the claim. It is not necessary to have a registration to use the designations though it is highly advisable to incorporate a copyright notice like the symbol, etter “c” in a circle or the word “Copyright” followed by name of copyright owner and year of first publication. For example, © ipfirmsdirectory 1999.

Remedies For Infringement

It is the sole responsibility of the owner to see that his copyright is not being infringed upon by someone else. It is the owner’s duty to file a suit of infringement against the infringer. The reliefs which may be usually awarded in such a suit are -

i. Injunctons whether interim or final.

ii. Damages.

Criminal action also can be taken on the basis of copyright registration. The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh.

International copyright protection

India is a member of both Berne and Universal Conventions and Indian law extends protection to all copyrighted works originating from any of the convention countries. Foreign works first published in a country which is a member of either of the Conventions would be accorded the same copyright protection in India as Indian works without undergoing any formalities, on the assumption that the home country accords reciprocity to Indian works.

P.M.George Kutty, Attorney at Law of http://www.pmgip.com