Infringement Nightmare - Morals to the Story

True Story:

A photographer recently settled for $275,000 with the Dallas Cowboys after the Cowboys used one of his pictures on clothing and other merchandise without permission. But after the settlement was reached, the Cowboys barred the photographer from ever working in Texas Stadium where the Cowboys play.

The photographer had given a digital file of a photograph to the Cowboys who considered it for use on season tickets. The Cowboys then bought only 250 copies to resell as prints to the public. Later, the Cowboys used the same image on clothing and other items, without getting permission from the photographer for the additional usage. The photographer had not registered his photo with the U.S. Copyright Office.

When the photographer discovered the infringements and inquired about it, the Cowboys offered him $1,000 in merchandise gift certificates. After trying to negotiate a settlement on his own for about a year, he hired a lawyer. Three years later, a settlement was reached.

Morals of the story:

-Many infringements come from uses beyond that agreed to. The infringements can come from uses on different products, for longer terms, in extra forms such as print or electronic, in other locations, etc.

-Watch your clients use of your work closely.

-Register your images with the U.S. Copyright Office before you give, or within three months of giving, them to a client.

-Even if you havent registered your photographs with the U.S. Copyright Office, you are entitled to actual damages from infringements. They can be hard to prove, but sometimes they can add up to substantial sums.

-While you may be a good negotiator, it can help to have a lawyer to give weight to your position.

-If you have to sue a client, you probably wont get work from that client again.

-Legal matters can take time; be patient for your rewards.

Take my advice; get professional help.

PhotoAttorney

Copyright 2005 Carolyn E. Wright All Rights Reserved PhotoAttorney

--- ABOUT THE AUTHOR ---

Carolyn E. Wright, Esq., has a unique legal practice aimed squarely at the needs of photographers. A pro photographer herself, Carolyn has the credentials and the experience to protect photographers. Shes represented clients in multimillion dollar litigations, but also has the desire to help new photographers just starting their careers. Carolyn graduated from Emory University School of Law with a Juris Doctor, and from Tennessee Tech Univ. with a Masters of Business Administration degree and a Bachelor of Science degree in music.

She wrote the book on photography law. 88 Secrets to the Law for Photographers," by Carolyn and well-known professional photographer, Scott Bourne, is scheduled for fall 2005 release by Olympic Mountain School Press. Carolyn also is a columnist for PhotoFocus Magazine.

Carolyn specializes in wildlife photography and her legal website is http://www.photoattorney.com

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Rapid Fat Loss - Is It Bad For Your Health?

Everyone wants to lose fat rapidly. It's only natural.

But sometimes, a too rapid fat loss may be unhealthy for you. It can also signify a danger to your body.

When you start to lose weight, it is important that you pay attention to the signals your body is sending you. If one of these signals appears, you may be on the wrong diet, one which may be harmful to your health:

1. Fatigue - If, after you've begun your diet, you start to feel tired all the time, require more sleep, can't seem to keep your eyes open and feel lethargic, you may be on the wrong diet. All of these signals may be induced by a lacking nutrition. If you're on a low carb, low fat, or low calorie diet, you should stop it for a few days, eat normally and see if your fatigue passes. If it does, you're following the wrong diet and may be damaging your health.

2. Lack of Concentration - If you start to feel that your concentration is wavering, that it's taking you longer than usual to make simple calculations or remembering things, you may be depriving your body of necessary nutrients. Again, if this occurs, put your diet on hold and see if you feel better.

3. Your overall appearance - When you go on a diet and start to lose weight, you're supposed to look better, not worse. If people are complimenting you on how you look that's a good sign, but if a friend or member of your family remarks negatively on how you look, it should be a red flag and you have to ask yourself why this is happening. It may signify that you're following a bad diet.

Losing fat rapidly is excellent and it can't be done in a safe and healthy manner. Make sure that you're eating enough and not starving yourself. If you starve yourself you may see some initial results, but these will be short termed. The damage to your health, however, may be more permanent.

To read how you can start to lose as much as 9 lbs. in 11 days and keep it off, visit this webpage:
How to Safely lose 9 lbs. every 11 days with The Shifting Calories method.

John Davenport lost over 30 pounds in his twenties after being overweight most of his life. He is an advocate of safe dieting and fitness. To read more about safe diets that just plain work visit this webpage: http://www.squidoo.com/fatloss4idiotsdiet

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Michael Vick is Done

It is official; Michael Vick is done with the rest of the NFL season. After deferring to his attorneys, the NFL quarterback has decided to accept a plea deal regarding the dog fighting operation. Vick will be spending at least ten months in jail for his actions. It was fairly obvious that Vick was headed to prison after a significant amount of incriminating evidence was found against him.

The defense attorney (Lawrence Woodward) for Michael Vick stated, Mike's accepting full responsibility. He's going to do everything he can personally and professionally to make this situation right. Another one of Michaels lawyers (Billy Martin) went on to say, After consulting with his family over the weekend, Michael Vick asks that I announce today that he has reached an agreement with federal prosecutors regarding the charges pending against him. Mr. Vick has agreed to enter a plea of guilty to those charges and to accept full responsibility for his action and the mistakes he has made. Michael wishes to apologize again to everyone who has been hurt by this matter. The Atlanta Falcons invested $ 130 million in Michael Vick, but it has come to no avail. Fortunately, the Falcons will be able to reclaim at least $ 22 million of that $ 130 million contract. To make matters worse, Vick will not be able to play in the NFL until the 2010 football season. More likely than not, the pro bowl quarterback will be waived from the Atlanta Falcons after serving time in jail.

Ticket sales will drastically plummet because Michael Vick was the box office attraction; moreover, he was the guy who filled the Georgia Dome with fans. The Michael Vick fiasco is like watching an episode of Cops. In virtually every episode of Cops, the criminal always denies that the drugs in the truck are his/hers. Furthermore, the criminals shrugs their shoulders and says I dont know how those drugs got there or those drugs arent mine or I was set up. In reality, the criminals always know how the drugs got there because they put them there. Similarly, Michael Vick is doing the same thing. The only difference is instead of drugs, Vick is using dogs. Initially, Michael denied he had anything to do with this transgression.

In reality, Mr. Vick knew how the dog killing equipment was at his property because he put them there. It appears that Michael Vick will not be barking out audibles at the line of scrimmage this NFL season (get it, I came up with that one all by myself). The old saying if you cant do the time, then dont do the crime is in full effect here. For violating the NFL conduct policy, Michael Vick will be violated in prison (unless he sent to a jail with cellmates that have erectile dysfunction). With or without Michael Vick, the Atlanta Falcons are already mathematically eliminated from the playoffs.

http://funnyman-sports.blogspot.com

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Eating Disorders - Anorexia Nervosa Effects

In this next article in our continuing series we're going to discuss the effects of Anorexia Nervosa on a person, as well as going over some facts and figures.

The main assault of this disease is that it focuses on self starvation. Since the body needs food as a basic means for survival, the effects of this disease are numerous to say the least. Because the body is not getting enough nutrition, it is forced to slow down in order to compensate for this. This slowing down can have serious consequences on a person's body.

There are a number of health consequences from Anorexia Nervosa. The main ones are as follows:

1. People suffering from this disease, after an extended period of time, suffer from an abnormally slow heart rate and very low blood pressure. This causes the heart muscle itself to change. The chance of heart failure rises as heart rate and blood pressure decrease.

2. Because of the lack of calcium in a person's diet, since they are not getting enough food in general, there is a great risk of reduced bone density, which is known as osteoporosis. This results in very dry and brittle bones which makes them very susceptible to breaking.

3. Again, because of the lack of nutrition, a person suffering from this disease will suffer from muscle weakness and potential muscle loss. This can lead to more serious muscular disorders.

4. Most people who suffer from this disease not only don't eat enough but also don't even drink enough water. This can result in severe dehydration which can ultimately lead to kidney failure.

5. Less serious symptoms, but certainly cause for concern, are overall weakness including fatigue and fainting, which in itself can be dangerous when behind the wheel of a car.

6. People suffering from this disease also suffer from thin and dry hair. Hair loss is very common.

7. Because of the overall deterioration of the body, a covering of hair begins to grow over the body in an effort to keep the body warm.

And now a few statistics about this disease that you may or may not be aware of.

a. About 90-95% of the people who suffer from this disease are women, most of them young girls.

b. About 1% of all American women suffer from Anorexia Nervosa.

c. Of all the psychiatric disorders, Anorexia Nervosa is the most common diagnosed in women in general.

d. The mortality rate of people suffering from Anorexia Nervosa is between 5 and 20%. The probability of death increases with the length of time the person has been suffering from the disease.

e. Anorexia Nervosa has one of the highest rates of death of all mental disorders.

f. The disease itself usually shows itself in early to mid adolescence.

The treatments for this disease are similar to the treatments for Bulimia. It is important that immediate psychiatric help is gotten for the sufferer. The quicker the diagnosis and treatment the greater the chance for survival.

-------------------------------------------------------
Michael Russell
Your Independent guide to Eating Disorders
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Employment Practices Liability Insurance

Employment practices liability insurance offers protection to business against claims that their legal rights as employees of the company have been violated. This policy offers the business protection against lawsuits filed by its employees such as sexual harassment, wrongful infliction of emotional distress, failure to employ or promote, breach of employment contract, discrimination of age, sex, race, disability etc., wrongful termination, negligent evaluation, wrongful discipline, deprivation of career opportunity, unfair hiring practice etc.

Policy Overview:

The cost of employment practices liability insurance policy depends on the size and type of your company, number of employees, the risk factors involved, history of the company being sued over employment practices etc. the policy will compensate the company for the costs incurred while defending a law suit in court, its judgement and settlement etc. it usually covers all the legal costs no matter if the company wins or loses the suit. The policy not only covers the employer entity but also its directors, partners, officers etc. Employers should try to obtain the broadest coverage available, making it possible for part-time, temporary, leased, seasonal employees and independent contractors to be covered too. It is common for these policies to offer severability, where an innocent insured will not lose his insurance when another insured acted in such a way as to be excluded from the coverage. The employment practices liability insurance agencies allow the employer to select their own defence counsel. This policy has a draw back as insurance agencies may refuse to pay punitive damage claims! The claim that the employer seeks coverage for must take place with in the period of the policy.

The current trend to sue the employer has resulted in corporate countering them by drafting policies that forbid discrimination and harassment, training personnel to reinforce the policies, making sure that the employees complaints are heard and that appropriate action is taken. This is a serious matter as employment disputes make up over 30% of all civil litigations! The current federal and state employment laws have favoured employees, making them seek broader than ever rights of recovery. Therefore the employer will benefit if the policy applies on a per claim basis as, if the business faces a class act lawsuit, it will just have to pay one deductible for the entire claim. The business will benefit if it obtains a cap on the total amount of the deductible to be paid under the Employment practices liability insurance policy.

Make sure you investigate the need for the policy thoroughly, choose a good carrier, are able to choose your attorneys in case of a lawsuit, and maintain control over settlements if any. There are firms that offer their services and products to help run a business smoothly making the work of new entrepreneurs easier.

Alexander Gordon is a writer for http://www.smallbusinessconsulting.com - The Small Business Consulting Community. Sign-up for the free success steps newsletter and get our booklet valued at $24.95 for free as a special bonus. The newsletter provides daily strategies on starting and significantly growing a business.

Business Owners all across the country are joining "The Community of Small Business Owners to receive and provide strategies, insight, tips, support and more on starting, managing, growing, and selling their businesses. As a member, you will have access to true Millionaire Business Owners who will provide strategies and tips from their real-life experiences.

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Essential Tips On Getting Palm Pilots For Cheap

Getting a real cheap PDA is not the easiest task in the world. There are quite a few pitfalls that await the ones who try. But it is still worth the effort. There are two reasons why cheap PDA's are now easier to get than ever:

1. This is because the fact that over 30 million PDA's were sold until the end of 2004, and, many of these PDA's are now being sold, or have been refurnished or rectified. This represents an opportunity for us to get a Palm One or ant other PDA, for dirt cheap, if you're will to go for a rectified device instead of a new one.

2. The dazzling speed in which new PDA's are released into the market makes today's new models out of date tomorrow. This is of course hogwash. Last year's Palm is still a great device. So if you're not keen on getting the newest model, you'll be finding many of yesterday's models at great discounts.

OK, so now we know that the opportunity exits. So what do we have to do in order to cease it?

Well, a good idea would be to define which PDA model, or models you are after, and what kind of PDA you want to get - a new one, a used one or a rectified one?

Some people would never touch a device that is not entirely new. If you're one of them, your option is the new one only. After you determine the range of models you consider, take a look online at places like Amazon, Palm One Store and the like. If you included some of the older model's in your range of options, you are very likely to get a great price for a new PDA.

If you're willing to go for a rectified or a used PDA, you are much more likely to find devices at bottom-low prices. Look at rectified PDA's first at the manufacturer's website. In many cases, they will offer some devices they can't sell as new ones for a reduced price. Getting rectified PDA directly from the manufacturer or a certified agent will get you a manufacturer's warranty which is very important as you're not buying a new device.

If the rectified PDA's prices don't suit you, you can look for a used Palm at ebay.com. Just be aware of the fact that you're taking a risk buying a used PDA from a private party. In any case, be sure you are clear on the warranty they give you, if any.

Ron Heller is the owner and operator of a website devoted to PDA, Palm Pilots for cheap, PDA accessories, PDA computers and more.

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Debt Relief - Getting Through The Month With A Payday Loan

Today is the twenty first day of the month. Another nine days till I receive my pay check and I have to say that I am completely skint, I have nothing in the bank and nothing in my fridge. I need some emergency cash and I need it quick! This is the situation many people find themselves in on an ongoing basis, for me personally in this situation I look towards an emergency payday loan.

A small word of warning a monthly payday loan is something that could end up becoming a habit that will get you deeper into debt than you are already. Payday loans can be a nasty habit, yes I know you are thinking that its just this once, until next month and the month after.

Many people let them roll over time and time again, by doing this you would be in a position where you are paying thousands of percents worth of interest on the money that you are borrowing and you would never get a chance to see any of the real money that you are earning each month in your actual pay check.

If you are thinking of getting a payday loan then get it from a good reputation company and make sure you pay it back straight away! Don't miss the payment as they have strict payment terms that need to be stuck to! This is why I would only advise to get a payday loan if you are completely stuck for money.

My advice would be not to get one but if you do have to then make sure you know exactly what the terms are, read the small print and make sure that the moment you have your paycheck in your hand that you repay the payday loan that you have taken out to get through the month.

If you are struggling on a monthly basis then get yourself some help in the form of debt counseling to ensure that you get yourself into a better financial situation.

For more valuable debt relief and free financial planning advice try visiting Online Money Advice located at http://www.onlinemoneyadvice.net where you will quickly and easily find a wealth of information on debt consolidation, credit repair and credit counseling advice that will help you financially and give you peace of mind for the future.

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