Saturday, August 28, 2010

How to Republish Public Domain Works?

By Yvon Anderson
Public Domain has been one of the most popular topics for infopreneurs or widely known as entrepreneurs, questions such as how to republish Public domain works are frequently asked to gain more income. Indeed, one can gain money just from being resourceful in using the contents of public domain and that is exactly what are we going to learn from this article.

Republishing a work coming from Public domain is not that difficult, soon as you learn what your next action is you can have a 100% legal prevention from anyone stealing your work that also comes from the public sphere. You need to understand that republishing something should not be 100 percent identical to the original one. In other words, what is likely to happen is that you personalize the work coming from the public domain to look like exactly what you want it to be. Say for example in a work that originally comes from a "paper and ink", changing the cover page into more of your personality or perhaps what-you-think-the-topic-should-be will be helpful to accentuate your own characteristics. It could also be significantly good if you could do something about the format of the text, paraphrasing some words to avoid plagiarism, changing some of its content as long as the idea is there is extravagantly wonderful in helping you republish your work coming from the public sphere or domain.

Of course, when you do this, it is given that the alterations that have been done can possibly be copyrighted by no other than you. Though the original text is in the public sphere itself, the benefit that you can have is still the same just like anyone who wants to copyright their works.

Now there is some good question being frequently asked by lots of people, " Should I apply for putting copyright law on my work?" The answer will be one has used to register for putting copyright protection in their works. But after 1978, that is no longer the case. Now all you have to do is let people know that your work is copyrighted by you. It not a technical requirement for now in order to publish and republish some works to be published in the public domain. Because technically speaking as for now, registering one's work for copyright protection is optional. For those people who in not satisfied unless they put extra protection on their works then the copyright notice is always there to hand you their service.
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Denial of Trademark Registration

By Alan Flemming
When applying for a trademark you may run into some difficulties that may cause your trademark application to be denied. If you still face denial of your application, you have options to appeal the decision.

Reasons for the Denial of a Trademark Application
If you submit an incomplete or poorly developed application, you are almost guaranteed to receive a denial. Your trademark attorney can help you draft your application to avoid this pitfall, but there are several other issues that can result in the denial of an application.

The most common reasons for trademark denials include:

* the presence of a similar, pre-existing trademark already registered;
* your mark is too generic;
* your mark consists of immoral, disparaging, or deceptive matter;
* your mark contains the name, image, or signature identifying a living individual without their written consent;
* your mark contains the name, image, or signature of a deceased President of the United States while his widow is still alive, unless consent is given by the widow;and
* the mark is used solely as a trade name.

How to Respond to the Denial of a Trademark Application

If your trademark application is denied you will receive notice from the USPTO in the form of an Office Action. The notice of denial will include reasons for the decision, which your trademark attorney can review and discuss with you. You are given a written notice of the time you have in which to submit a response to the decision, typically 6 months.

At this time, your trademark attorney can help you investigate the reasons for the denial of your trademark application. This information is a critical part of formulating your response, as it needs to address the problems cited in the denial notice.

After your initial response to the denial of your trademark application is filed, the USPTO will issue another decision. Should you receive a subsequent denial, you will need to reformulate the mark before reissuing a response.

Hiring a California Trademark Attorney

It's important to have the guidance of a professional when you are applying for a trademark. Having the advice of a trusted trademark attorney from the start will help you avoid errors in the trademark application process and avoid immediate denial. If you find yourself facing denial of your application, attorneys can help you determine the cause and help rectify it in your response.
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Rules of Thumb For Public Domain Works

By Yvon Anderson
Public domain is consists of vast material that includes books, music, photos and information that is available for the public. There are times that you find yourself having difficulty in distinguishing if a certain work belongs to the public domain, because the laws governing it are sometimes complicated and are always changing. However, you need not to worry

anymore abut that because here are some terms and conditions for using public domain works as well the rule of the thumb in determining works:

1. First thing about on how to distinguish it and perhaps the most common is when you look at the publication date and the place where it is published and that it is prior to the year 1923, automatically you can say that it is in the realms of public sphere.

2. Now there are some modifications and new rules governing the legality of the publication of a certain work for those works published or released between 1923 and March 1, 1989. Because there are some works that was created during these years that have not been able to follow certain regulations. In other words, some works do not provide a notice of copyright on the work or the renewal of the copyright per statutory deadlines. Specifically, we can say that it is already considered to be a category belonging in the public sphere if a certain work was published in the United States during the range of the year 1923 and 1978 without any notice then we can say that yes it is belonging to the public domain. On the other hand, if the work was publish in the United States during the range of the year 1978 and March 1, 1989 to be exact, still without any notice and registration, then it is still considered to be in the public domain. Even if a certain work was published in the United States during the year 1923 and 1963 with a notice and the copyright do not apply for a renewal, we can still say that it belongs in the United States.

3. Now for those works that has been created after March 1, 1989, works that has published or not are protected by copyrights for 70 years from the date the creator dies. In addition, those works for corporate authorship (works made for hire), the copyright term is the shorter of 95 years from publication or up to 120 years from the date of creation.
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Durable Vs Springing Power of Attorney - Which One Do You Need

By Paul Kraft
One of the most important documents you should have in your estate plan is a Power of Attorney.
But do a little research on POAs and you'll discover there's more than one type: General, Durable and Springing. So which one do you need?

A General Power of Attorney is typically used when you need someone to handle legal affairs on your behalf for a short period of time. This could be because you're going out of town for example, or perhaps you want an attorney to negotiate a contract on your behalf. The General POA will grant that authority within the constraints you define.

A Durable Power of Attorney works the same way but unlike a General POA, it is not automatically revoked when you become mentally incapacitated. This type of POA is a useful tool for spouses or partners who want to ensure that someone they trust always has access to financial accounts and the ability to pay bills, talk to creditors and deal with other normal financial affairs.

The Springing Power of Attorney works just like the first two but only comes into play when you've been diagnosed as mentally incapacitated. This is often the POA of choice for people who want to ensure that their estate is protected if they become disabled. As long as you are mentally sound, the POA remains inactive, but if something should happen and you are no longer able to handle your own affairs, the Springing POA would "spring" into action.

So which one is right for you?

That of course will depend upon your individual needs. To learn more about POAs and how to use them in your estate plan, consult with a qualified estate planning attorney.
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