Free Glide

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