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Palm Desert Business Lawyer?s Top Ten Sarah Palin Signs You?re not Dealing With Mavericks


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Palm Desert Business Lawyer?s Top Ten Sarah Palin Signs You?re not Dealing With Mavericks

Palm Desert Business Lawyer’s Top Ten Sarah Palin Signs You’re not Dealing With Mavericks


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Home Page > Law > National, State, Local > Palm Desert Business Lawyer’s Top Ten Sarah Palin Signs You’re not Dealing With Mavericks

Palm Desert Business Lawyer’s Top Ten Sarah Palin Signs You’re not Dealing With Mavericks

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Here is Palm Desert Business Lawyer Sebastian Gibson’s Top Ten:

1.They don’t know you can substitute a moose for a reindeer.

 

2. They don’t say “You Betcha” all the time.

 

3. They don’t know that the countries in NAFTA are interchangeable.

 

4. They don’t know you can substitute a continent for a country.

 

5. They don’t know you can get real bargains at Neiman Marcus just like at the consignment stores.

 

6. They don’t know what a wild time John McCain can show a girl from Alaska.

 

7. They don’t know you can see Russia from almost anywhere in the country. Or is that from anywhere in the continent?

 

8. They don’t know that there is more difference between a politician like her and a pit bulls than just lipstick. A pit bull can answer Katie Couric’s questions.

 

9. They don’t know you can be a doofus and still be the heir apparent for a national political party’s presidential candidate.

 

10 . They would never think that despite having virtually no knowledge about anything much at all, that they could someday be picked to be a heart beat away from running the country.

 

Now here is everything (well, almost everything) you need to know in business about environmental, international law, election and campaign law, consumer law, class actions, constitutional, internet, publishing, advertising, media, food and wine, hotel and restaurant law, estate planning, wills, trusts, water law, agricultural, insurance law, bad faith, psychologist and psychotherapist defense, education law and child accidents.

You can also find all you need to know (well, mostly) in business about personal injury, car accidents, brain damage, wrongful deaths, business, real estate, landlord-tenant, homeowners association law, construction, patents, trademarks, corporations, entertainment law, advertising, copyrights, and litigation by searching for those subjects and adding the words Palm Desert business lawyer or Palm Desert business attorney to your search terms and looking for other articles by Sebastian Gibson.

 

You can also learn more about any of these business areas of law and how we can assist you as Palm Desert business attorneys, or as lawyers in any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  .

 

1. Environmental and Toxic Tort Law in Palm Desert – With multi-billion dollar energy companies spending more money to confuse the public on the threat posed by global warming than on research into alternative forms of energy, it will take all of us to sort fact from fiction and solve the growing problem of global warming. An additional danger to all of us comes from exposure to toxic materials in our daily lives from tainted food, to contaminated ground water, to dangerous viruses in the public and in hospitals to lead and mercury poisoning. If you experience unusual symptoms that a doctor can’t explain, you may have been exposed to a toxic substance and have a toxic tort claim that should be evaluated by us or another qualified Palm Desert environmental attorney.

 

2. Palm Desert International, Shipping and Maritime Law – A Palm Desert international attorney with years of international legal education and experience such as you’ll find at our Palm Desert law firm, can provide you with a wealth of practical knowledge and the ability to find answers to your international law questions. It is to your advantage to also have a Palm Desert international lawyer working in cooperation with foreign counsel in other jurisdictions to ensure that the most cost-effective avenues are pursued to resolve your legal matter. However, many international matters can be resolved with letters between Palm Desert international lawyers and foreign lawyers, and international mediations and arbitrations can also be utilized. If you have been injured on a ship or an oil rig you have rights under the Jones Act to be compensated for your injuries, medical treatment, past and future wage loss and care.

 

3. Palm Desert Election and Campaign Finance Law – If you are considering running for political office or have already done so and are facing campaign finance legal issues, the time to hire a Palm Desert election attorney with election law knowledge is at the first possible opportunity before you get into hot water that can sink your campaign or put your political career into jeopardy.

 

4. Palm Desert Consumer Law and Class Actions – If you have paid for an item but have not received it, been promised an action or service that has not come to fruition or are considering ordering services or signing any type of agreement, the time to hire a Palm Desert consumer lawyer is immediately in order to avoid being scammed, or defrauded. A Palm Desert consumer attorney’s letter drafted forcefully but professionally will obtain the desired result, products or services in a good percentage of cases. Whether you ordered gold bars but did not receive them, were told that your car would be paid off when you traded it in on a new one or were promised that a pool would be completed in your back yard, a Palm Desert consumer attorney can and should be hired for a modest fee to write a letter on your behalf and demand the required action, products or services. If you think you are just one of many who have been scammed or defrauded in some way, you may have a class action.

 

5. Constitutional, Publishing and Publicity and Privacy Rights, Internet Law, Advertising and Media Law in Palm Desert – Defamation includes both libel and slander. Anyone in the media or publishing or broadcast world or with a web site is at risk of a lawsuit for claims of defamation or false advertising However, constitutional law questions also arise in civil rights discrimination cases, discrimination in employment and a wide variety of other legal matters. If you have been disenfranchised or your constitutional rights abused in any matter or if you have been accused of abusing the rights of others, contact a Palm Desert constitutional lawyer as soon as it occurs. If others seek to profit with the use of your name or image you also have a claim for damages.

 

6. Food and Wine Law, Hotel and Restaurant Law in Palm Desert – Today, hotels, restaurants, nightclubs, bars and grocery stores face an ever increasing host of new regulations they never faced previously. From the usual licensing problems they face with the Department of Alcoholic Beverage Control for adherence to and violations of ABC rules, to new state regulations involving menus and calorie counts in fast food restaurants and new rules requiring groceries to show the country of origin in labels on most of their produce and meat. The worst case scenario today for an establishment serving alcohol, is to serve a minor alcohol who later dies in an auto accident. Such an establishment will need legal representation by a Palm Desert food, alcohol and restaurant lawyer before the ABC as well as legal defense of civil lawsuits filed against it.

 

7. Palm Desert Estate Planning, Wills and Trusts – The current estate tax in 2008 affects only people who die with an estate in excess of two million dollars. In 2009, that amount will increase to three and a half million dollars and in 2010, the estate tax is repealed. That’s the good news. If, however, the estate tax repeal is not extended by 2011, the estate tax will kick in again. The worse news is that in 2011, if the estate tax repeal is not extended, the estate tax will kick in at one million dollars. The current federal estate tax rate is a whopping 47 percent. That stays the same in 2009. But other current provisions in the tax code change or end in 2010. In light of this, it is more important than ever to hire a Palm Desert estate planning lawyer to draft your will and evaluate the need for a living trust to avoid probate fees ensure your estate goes to the beneficiaries you want it to go to. If you don’t have a will or trust at death, the state will determine who gets your estate, but it will usually be your spouse and children, of if you have none, your closest relatives.

 

8. Water, Agricultural and Natural Resource Law in Palm Desert – It is hoped by American farmers and meat producers that the new Country of Origin Labeling Law taking effect in groceries will cause food shoppers to seek meat and produce from the U.S. over food items from other countries. But it is the water shortage in California that has California farmers faced with dire consequences. In 2008, the California Governor formed a Water Bank to stave off mandatory water rationing, but if California has another dry winter, or more fires that draw upon California’s precious water reserves, or if the state legislature does not address the state’s delta environmental problems and expand the state’s water works, with a bill that has been tied up while the legislators haggled over a budget, rationing across the state could become a reality. If you have a water or agricultural issue, the time to call a Palm Desert agricultural lawyer with knowledge in this areas is before the issue becomes critical.

 

9. Insurance Law, Bad Faith, Psychologist, Psychiatrist and Psychotherapist Defense in Palm Desert – As insurance companies feel the pain of the stock market crash and face the reality of the value of their own investments decreasing, we expect to see insurance companies delaying settlements, and flirting with violations of the insurance bad faith statutes. As the public becomes more and more depressed with the sinking stock market, loss of jobs, reduced income and less enjoyment out of life, we also see the likelihood of greater use of psychiatrists, psychologists and psychotherapists. When claims are made against these professionals without justification, our Palm Desert law firm stands ready to defend them

 

10. Palm Desert Education Law and Child Accidents – A recent court ruling in California has given temporary relief to parents homeschooling their children. However, we still expect further court rulings to make guidelines that will govern when or under what circumstances homeschooling of children will be permitted in California. Children, as any parent knows, can be injured any time, anywhere. What should not happen is any injury to a child that is the result of the negligence of another. To that end, our Palm Desert personal injury lawyers championed protection for children and convinced at least one court and encouraged other personal injury attorneys to do the same, to uphold a new tort for negligent endangerment of a child.

 

If you have a legal matter in Palm Desert, Palm Springs, Indio, Coachella, Rancho Mirage, La Quinta, Indian Wells, Cathedral City, Desert Hot Springs, Thermal, Yucca Valley, Joshua Tree, Twentynine Palms or anywhere in the Coachella Valley, our Palm Desert law firm has the knowledge and resources to be your Palm Desert Lawyers and your Palm Desert Attorneys. Be sure to hire a Coachella Valley law firm with experience in Personal Injury, Car Accidents, Drownings, Brain Damage, Catastrophic Injuries, Wrongful Death, Business, Real Estate and Landlord Tenant Law, Homeowner Association Law, Construction, Trademarks, Patents, Corporations, Entertainment, Sports Law, Marketing, Advertising, Media, and Copyright Law, and who will endeavor to ensure that your rights are properly represented.

 

Additionally, if you have a legal matter which involves Environmental and Toxic Tort Law, Litigation, International, Shipping and Maritime Law, Employment, Election and Campaign Finance Law, Consumer Law and Class Actions, Constitutional, Publishing, Publicity, Privacy Rights, Internet Law, Advertising and Media Law, Food and Wine Law, Hotel and Restaurant Law, Estate Planning, Wills and Trusts, Water, Agricultural and Natural Resource Law, Insurance Law, Bad Faith and Psychiatrist and Psychotherapist Defense, Education Law or a Child Accident in Palm Desert or anywhere in Southern California, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how a Palm Desert attorney from our offices can assist you.

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R. Sebastian Gibson
About the Author:

The Sebastian Gibson Business Law Firm serves Palm Desert, Palm Springs, Indio, Coachella, Rancho Mirage, La Quinta, Indian Wells, Cathedral City, Desert Hot Springs, Thermal, Yucca Valley, Joshua Tree, Twentynine Palms, the entire Coachella Valley and all of Southern California. We stand ready to assist you with any type of Personal Injury, Car Accidents, Motorcycle Accidents, Truck Accidents, Dog Bites, Drownings, Brain Damage, Catastrophic Injuries, Wrongful Death, Business, Real Estate and Landlord Tenant Law, Homeowner Association Law, Construction, Trademarks, Patents, Corporations, Entertainment, Sports Law, Marketing, Advertising, Media, and Copyright Law matter.


Visit our website at http://www.sebastiangibsonlaw.com if you have a legal matter of any kind. We have the knowledge and resources to represent you as your Palm Desert Business Lawyer and Palm Desert Business Attorney for Environmental and Toxic Tort Law, Litigation, International, Shipping and Maritime Law, Employment, Election and Campaign Finance Law, Consumer Law and Class Actions, Constitutional, Publishing, Publicity, Privacy Rights, Internet Law, Advertising and Media Law, Food and Wine Law, Hotel and Restaurant Law, Estate Planning, Wills and Trusts, Water, Agricultural and Natural Resource Law, Insurance Law, Bad Faith and Psychiatrist and Psychotherapist Defense, Education Law and Child Accidents.

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The Sebastian Gibson Business Law Firm serves Palm Desert, Palm Springs, Indio, Coachella, Rancho Mirage, La Quinta, Indian Wells, Cathedral City, Desert Hot Springs, Thermal, Yucca Valley, Joshua Tree, Twentynine Palms, the entire Coachella Valley and all of Southern California. We stand ready to assist you with any type of Personal Injury, Car Accidents, Motorcycle Accidents, Truck Accidents, Dog Bites, Drownings, Brain Damage, Catastrophic Injuries, Wrongful Death, Business, Real Estate and Landlord Tenant Law, Homeowner Association Law, Construction, Trademarks, Patents, Corporations, Entertainment, Sports Law, Marketing, Advertising, Media, and Copyright Law matter.


Visit our website at http://www.sebastiangibsonlaw.com if you have a legal matter of any kind. We have the knowledge and resources to represent you as your Palm Desert Business Lawyer and Palm Desert Business Attorney for Environmental and Toxic Tort Law, Litigation, International, Shipping and Maritime Law, Employment, Election and Campaign Finance Law, Consumer Law and Class Actions, Constitutional, Publishing, Publicity, Privacy Rights, Internet Law, Advertising and Media Law, Food and Wine Law, Hotel and Restaurant Law, Estate Planning, Wills and Trusts, Water, Agricultural and Natural Resource Law, Insurance Law, Bad Faith and Psychiatrist and Psychotherapist Defense, Education Law and Child Accidents.

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Jake Fox, an aviation accident attorney, graduated from Law School during a break from his Air Force tour of duty. He served as a pilot in the Viet Nam war avoiding injury or death flying the high risk missions out of Thailand into North Viet Nam. Upon release from the Air Force, he begins his legal career handling uninspiring minor injury cases until a more substantial case provides him with the funds necessary to move his practice to Palm Beach. After three years handling small property cases in Palm Beach, he is retained by a wealthy Palm Beach gold merchant, Trey Fielding, with respect to a minor Federal Air Regulation violation. Jake fortunately wins the case and the two men strike up a friendship. When Trey Fielding loses his life while flying his single engine airplane, his very attractive wife Michelle, retains Jake as her attorney to represent Trey’s family for the loss of a husband and father. The Fielding case against the aircraft and engine manufacturer becomes a highly publicized, high value target for the many parties eager to get a slice of the pie. Jake battles not only the able defense attorneys on the case but also the various interests that are trying to assume control of the case. While preparing the case for trial, Jake must also deal with growing allegations that Michelle, the wife of the Decedent, was a knowing participant in creating the conditions that led to her husband’s death. The novel winds its way through the many challenges of the trial to the final outcome of the case and the realization on Jake’s part that doing the right thing is not always an easy choice.

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R. Thomas Roe, resides along the ocean in Florida and in the mountains of Colorado. Both excellent venues for his writing hobby. His first novel, The Gaelic Letters, is currently available in print and electronic media. He has served 26 years as a pilot with the United States Air Force and retired as a full Colonel. He enjoys his associations with various USAF groups and is an avid reader and mountain biker. Col. Roe graduated from St.Thomas University and William Mitchell College of Law, both in St.Paul, Minnesota.

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Palm Desert, San Diego and Orange County California Intellectual Property Attorney Explains the Worldwide Intellectual Property System


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Palm Desert, San Diego and Orange County California Intellectual Property Attorney Explains the Worldwide Intellectual Property System

Palm Desert, San Diego and Orange County California Intellectual Property Attorney Explains the Worldwide Intellectual Property System


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Home Page > Law > Intellectual Property > Palm Desert, San Diego and Orange County California Intellectual Property Attorney Explains the Worldwide Intellectual Property System

Palm Desert, San Diego and Orange County California Intellectual Property Attorney Explains the Worldwide Intellectual Property System

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If you are an inventor, a writer, a musician or a designer, it doesn’t matter if you live in Murrieta, California, San Diego, CA, Mission Viejo, Carlsbad, La Jolla, Westminster, Orange County, Anaheim, Orange, Irvine, Escondido, San Luis Obispo, Rancho Cucamonga, Ontario, Huntington Beach, Temecula or Palm Springs, Palm Desert, or Indian Wells, CA, the law is the same with regard to intellectual property in California. But why are patents, trademarks and copyrights are considered “Intellectual Property?” A good patent lawyer, trademark attorney, copyright lawyer or intellectual property law firm can tell you.

 

Actually it is the inventions that are patented, the symbols or words that are trademarked and the works of literature, music, film and the like that are copyrighted that are considered to be the intellectual property, but the question is really what makes them either intellectual or property?

 

Some, if not many of the works that are copyrighted are anything but intellectual, but their copyrights are extremely valuable nonetheless.

 

A funny looking symbol that becomes a trademark is perhaps more artistic than intellectual, but that symbol can be worth millions.I

 

nventions are really more inventive than intellectual, but if they work, they can be a benefit to mankind.

 

So, is it right that any of these things should be considered the property of one and not all of us?

 

What gives one person the right to protect a set of words or an invention as their own property?

 

Well, what the law does is reward people for their intellectual efforts. Whether that effort is to paint a beautiful painting, to write a wonderful piece of music or to create a device that makes it easier or more energy-saving to do something, that person deserves to be rewarded. And what the law does is give that composer or inventor a number of years to make a monetary reward from his or her efforts.

 

Some people question why a composer or inventor still has to go to great cost or effort to then market their works before they get any reward. Why aren’t they simply paid for the creation? Why do they still have to become marketing and advertising geniuses? Why must they even pay filing fees or an attorney to have their works and inventions protected.

 

The answer is simply a question. Who would pay these writers and inventors? The U.S. Patent and Trademark Office doesn’t have money to pay these people. Nor does the Library of Congress.

 

The system that is worldwide for protecting the works of our most artistic and intelligent people is not without fault, but it is the best system devised to date, despite the many efforts by pirates and infringers to steal the rewards that should go to these writers and inventors.

 

Patents, trademarks and copyrights can be extremely valuable. The copyright infringement of a book not long ago resulted in a seven figure settlement. Trademark infringement and patent infringement cases routinely result in settlement in the millions. And patents can be licensed or sold outright for tens of millions of dollars and sometimes more.

 

If you would like more information on intellectual property, need defense in a lawsuit, or wish to patent an invention or design, trademark a slogan, symbol or phrase, or copyright a literary work, photograph or a musical composition as an example, we invite you to call us.

 

If you have an intellectual property matter in Orange County, San Diego, in the Inland Empire, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your San Diego Intellectual Property Lawyers, and Orange County and Anaheim Intellectual Property Attorneys. For this reason, be sure to hire a California law firm with copyright lawyers who are ready to serve you in many areas such as Costa Mesa, Anaheim and Pacific Beach so you are properly represented when you need to be.

 

If you have an intellectual property matter and need to know your rights, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com and learn about your rights and options. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.

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R. Sebastian Gibson
About the Author:

The Sebastian Gibson Law Firm serves all of San Diego, Orange County, Palm Springs and Palm Desert, the Coastal Cities from La Jolla, Carlsbad and Del Mar to Laguna Beach, Newport Beach, Irvine, Santa Ana and up to Ventura, Oxnard, Santa Barbara and San Luis Obispo. We also serve the Inland Empire cities of Ontario, Rancho Cucamonga, Temecula, Riverside and San Bernardino and all the cities in the Coachella Valley and high desert, from La Quinta, Indio, and Coachella to Yucca Valley and Victorville.


Visit our website at http://www.sebastiangibsonlaw.com if you have an intellectual property matter of any kind. We have the knowledge and resources to represent you as your Newport Beach Intellectual Property Lawyer and San Diego Intellectual Property Attorney or your attorney in and around the cities of Palm Springs, Palm Desert, San Diego, Orange County, Corona del Mar, Newport Beach, Santa Ana, Laguna Beach, Anaheim, Riverside, Chula Vista, Irvine, San Bernardino, Huntington Beach, Fontana, Moreno Valley, Oceanside, La Jolla, Del Mar, San Marcos, Rancho Cucamonga, Ontario, Garden Grove, Palmdale, Long Beach, Corona, Yorba Linda, Escondido, Orange, Fullerton, Costa Mesa, Victorville, Carlsbad, Temecula, Murrieta, Mission Viejo, El Cajon, Vista, Westminster, Santa Monica, Malibu, Westwood, Hesperia, Buena Park, Indio, Coachella, Del Mar, Oxnard, Ventura, San Luis Obispo and Santa Barbara.

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The Sebastian Gibson Law Firm serves all of San Diego, Orange County, Palm Springs and Palm Desert, the Coastal Cities from La Jolla, Carlsbad and Del Mar to Laguna Beach, Newport Beach, Irvine, Santa Ana and up to Ventura, Oxnard, Santa Barbara and San Luis Obispo. We also serve the Inland Empire cities of Ontario, Rancho Cucamonga, Temecula, Riverside and San Bernardino and all the cities in the Coachella Valley and high desert, from La Quinta, Indio, and Coachella to Yucca Valley and Victorville.


Visit our website at http://www.sebastiangibsonlaw.com if you have an intellectual property matter of any kind. We have the knowledge and resources to represent you as your Newport Beach Intellectual Property Lawyer and San Diego Intellectual Property Attorney or your attorney in and around the cities of Palm Springs, Palm Desert, San Diego, Orange County, Corona del Mar, Newport Beach, Santa Ana, Laguna Beach, Anaheim, Riverside, Chula Vista, Irvine, San Bernardino, Huntington Beach, Fontana, Moreno Valley, Oceanside, La Jolla, Del Mar, San Marcos, Rancho Cucamonga, Ontario, Garden Grove, Palmdale, Long Beach, Corona, Yorba Linda, Escondido, Orange, Fullerton, Costa Mesa, Victorville, Carlsbad, Temecula, Murrieta, Mission Viejo, El Cajon, Vista, Westminster, Santa Monica, Malibu, Westwood, Hesperia, Buena Park, Indio, Coachella, Del Mar, Oxnard, Ventura, San Luis Obispo and Santa Barbara.

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A San Diego and Palm Springs California Literary and Publishing Attorney Looks at the Harry Potter Case Ruling and Copyright Infringement Law

A San Diego and Palm Springs California Literary and Publishing Attorney Looks at the Harry Potter Case Ruling and Copyright Infringement Law

A San Diego and Palm Springs California Literary and Publishing Attorney Looks at the Harry Potter Case Ruling and Copyright Infringement Law


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Home Page > Law > Copyright > A San Diego and Palm Springs California Literary and Publishing Attorney Looks at the Harry Potter Case Ruling and Copyright Infringement Law

A San Diego and Palm Springs California Literary and Publishing Attorney Looks at the Harry Potter Case Ruling and Copyright Infringement Law

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A San Diego and Palm Springs California Literary and Publishing Attorney Looks at the Harry Potter Case Ruling and Copyright Infringement Law

By: R. Sebastian Gibson

About the Author

The Sebastian Gibson Law Firm serves all of San Diego, Orange County, Palm Springs and Palm Desert, the Coastal Cities from La Jolla, Carlsbad and Del Mar to Laguna Beach, Newport Beach, Irvine, Santa Ana and up to Ventura, Oxnard, Santa Barbara and San Luis Obispo. We also serve the Inland Empire cities of Ontario, Rancho Cucamonga, Temecula, Riverside and San Bernardino and all the cities in the Coachella Valley and high desert, from La Quinta, Indio, and Coachella to Yucca Valley and Victorville.


Visit our website at http://www.sebastiangibsonlaw.com if you have a publishing, literary or copyright dispute of any kind. We have the knowledge and resources to represent you as your Malibu Copyright Lawyer and San Diego Publishing Attorney or your attorney in and around the cities of Palm Springs, Palm Desert, San Diego, Orange County, Corona del Mar, Newport Beach, Santa Ana, Laguna Beach, Anaheim, Riverside, Chula Vista, Irvine, San Bernardino, Huntington Beach, Fontana, Moreno Valley, Oceanside, La Jolla, Del Mar, San Marcos, Rancho Cucamonga, Ontario, Garden Grove, Palmdale, Long Beach, Corona, Yorba Linda, Escondido, Orange, Fullerton, Costa Mesa, Victorville, Carlsbad, Temecula, Murrieta, Mission Viejo, El Cajon, Vista, Westminster, Santa Monica, Malibu, Westwood, Hesperia, Buena Park, Indio, Coachella, Del Mar, Oxnard, Ventura, San Luis Obispo, Cambria and Santa Barbara.

(ArticlesBase SC #613409)

Article Source: http://www.articlesbase.com/A San Diego and Palm Springs California Literary and Publishing Attorney Looks at the Harry Potter Case Ruling and Copyright Infringement Law





If you are a writer, a publisher, a California copyright attorney, a literary agent or lawyer anywhere from Corona del Mar, Rancho Mirage, San Diego, California Orange County, CA, Los Angeles, Malibu, La Jolla, Del Mar, Encinitas, Carlsbad, Oceanside, San Marcos, Vista and Escondido or the cities of Huntington Beach, Yorba Linda, San Clemente, Buena Park, Anaheim, Santa Ana, Costa Mesa, Irvine, Newport Beach, Laguna Beach, and Laguna Hills, Santa Barbara, San Luis Obispo, Buena Park, Temecula, Indian Wells, La Quinta, Palm Springs, or Palm Desert, you will be interested in a recent case involving the Harry Potter author, J.K. Rowling. This is an important decision for writers, copyright attorneys, and literary lawyers everywhere. 

 

In September 2008, a New York judge handed down a decision in favor of author J. K. Rowling and Warner Bros. who own the film rights in the Harry Potter books, in a literary and copyright law case involving a fan website that was planning on publishing a reference book on the Harry Potter saga.

 

What the ruling determined was that the reference book simply copied too much of the Rowling books to be considered fair use. The fact that what was copied was creative material as opposed to factual material, also hurt the website’s case as creative material enjoys a higher level of protection.

 

What the ruling does is to reiterate the rule that for a derivative book to enjoy the fair use protection under the law, it must be very transformative. It must create something else. Instead, the judge found that the reference book copied Rowling’s distinctive style and words in excess of what would otherwise be legitimate to create a reference guide.

 

The ruling does nothing to dilute the right of parody or literary criticism to be protected by the fair use doctrine. Rather, the ruling may elevate the importance of the “market impact” factor in the four part standard used by judges in evaluating fair use.

 

Those four factors are first, the purpose and character of the use (is the new work transformative into something different – in this case use of material from two companion reference books of Rowling made the website reference book less transformative). While another part of this factor is whether the use is commercial or noncommercial, most uses are for profit. Another part of this factor is whether the infringer acted in good faith or not.

 

The second factor is the amount and substantiality of the use, i.e. whether the amount of the use by the infringer is reasonable for the transformative purpose. Here, apparently, it was not.

 

The third factor is the nature of the copyrighted work, creative works being given much greater protection than factual works.

 

The fourth factor is the harm to the market of the original work by the infringing work. Here the court found that while the website reference book might not harm the market of the Harry Potter novels, it might very well harm the market of Rowling’s companion books.

 

Consequently, the New York judge issued a permanent injunction against publication of the website reference guide. The decision may be appealed and it is possible if the website reference book were edited, it might pass muster. But in this copyright lawyer’s opinion, the success of an appeal or an edited book to pass muster as being fair use is unlikely under these circumstances and as a result of this ruling infringers in California and the U.S. will now have an even harder time trying to make a profit off of another writer’s work.

 

If you have a publishing, literary, or copyright infringement law issue in San Diego, Newport Beach, Irvine, Orange County, La Jolla, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Malibu Copyright Lawyer and your Palm Springs and San Diego Publishing Attorney. Be sure to hire a California law firm with literary and copyright infringement law experience who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Beverly Hills, Malibu, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented and get the compensation you deserve.

 

If you have a publishing or copyright law issue of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you.

Retrieved from “http://www.articlesbase.com/copyright-articles/a-san-diego-and-palm-springs-california-literary-and-publishing-attorney-looks-at-the-harry-potter-case-ruling-and-copyright-infringement-law-613409.html

(ArticlesBase SC #613409)

R. Sebastian Gibson
About the Author:

The Sebastian Gibson Law Firm serves all of San Diego, Orange County, Palm Springs and Palm Desert, the Coastal Cities from La Jolla, Carlsbad and Del Mar to Laguna Beach, Newport Beach, Irvine, Santa Ana and up to Ventura, Oxnard, Santa Barbara and San Luis Obispo. We also serve the Inland Empire cities of Ontario, Rancho Cucamonga, Temecula, Riverside and San Bernardino and all the cities in the Coachella Valley and high desert, from La Quinta, Indio, and Coachella to Yucca Valley and Victorville.


Visit our website at http://www.sebastiangibsonlaw.com if you have a publishing, literary or copyright dispute of any kind. We have the knowledge and resources to represent you as your Malibu Copyright Lawyer and San Diego Publishing Attorney or your attorney in and around the cities of Palm Springs, Palm Desert, San Diego, Orange County, Corona del Mar, Newport Beach, Santa Ana, Laguna Beach, Anaheim, Riverside, Chula Vista, Irvine, San Bernardino, Huntington Beach, Fontana, Moreno Valley, Oceanside, La Jolla, Del Mar, San Marcos, Rancho Cucamonga, Ontario, Garden Grove, Palmdale, Long Beach, Corona, Yorba Linda, Escondido, Orange, Fullerton, Costa Mesa, Victorville, Carlsbad, Temecula, Murrieta, Mission Viejo, El Cajon, Vista, Westminster, Santa Monica, Malibu, Westwood, Hesperia, Buena Park, Indio, Coachella, Del Mar, Oxnard, Ventura, San Luis Obispo, Cambria and Santa Barbara.

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The Sebastian Gibson Law Firm serves all of San Diego, Orange County, Palm Springs and Palm Desert, the Coastal Cities from La Jolla, Carlsbad and Del Mar to Laguna Beach, Newport Beach, Irvine, Santa Ana and up to Ventura, Oxnard, Santa Barbara and San Luis Obispo. We also serve the Inland Empire cities of Ontario, Rancho Cucamonga, Temecula, Riverside and San Bernardino and all the cities in the Coachella Valley and high desert, from La Quinta, Indio, and Coachella to Yucca Valley and Victorville.


Visit our website at http://www.sebastiangibsonlaw.com if you have a publishing, literary or copyright dispute of any kind. We have the knowledge and resources to represent you as your Malibu Copyright Lawyer and San Diego Publishing Attorney or your attorney in and around the cities of Palm Springs, Palm Desert, San Diego, Orange County, Corona del Mar, Newport Beach, Santa Ana, Laguna Beach, Anaheim, Riverside, Chula Vista, Irvine, San Bernardino, Huntington Beach, Fontana, Moreno Valley, Oceanside, La Jolla, Del Mar, San Marcos, Rancho Cucamonga, Ontario, Garden Grove, Palmdale, Long Beach, Corona, Yorba Linda, Escondido, Orange, Fullerton, Costa Mesa, Victorville, Carlsbad, Temecula, Murrieta, Mission Viejo, El Cajon, Vista, Westminster, Santa Monica, Malibu, Westwood, Hesperia, Buena Park, Indio, Coachella, Del Mar, Oxnard, Ventura, San Luis Obispo, Cambria and Santa Barbara.

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Be the first to comment - What do you think?  Posted by - December 7, 2010 at 1:15 am

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Florida Tax Attorney and Probate Lawyer Jeffrey Skatoff Starts His New Law Practice in Boca Raton Florida and North Palm Beach Florida, Under the Name Clark Skatoff LLP

Boca Raton, FL (PRWEB) April 6, 2006

Experienced Florida tax lawyer and probate attorney Jeffrey H. Skatoff has opened his new law practice in Boca Raton Florida and North Palm Beach Florida, under the name Clark Skatoff LLP. Jeffrey Skatoff began his career with the United States Department of Justice, Tax Division, in Washington, DC, litigating tax cases on behalf of the Federal Government. Mr. Skatoff was awarded the Outstanding Attorney Award by then Attorney General Janet Reno in 1993, for superior service to the Tax Division. Mr. Skatoff is a noted author and speaker on tax issues in Florida. Mr. Skatoff also earned his Master of Laws Degree in Taxation from Georgetown University in 1996.

Mr. Skatoff practices in the areas of taxation, probate, estate planning, and litigation of tax and probate matters. Mr. Skatoff maintains offices in Boca Raton, Florida and North Palm Beach, Florida. Mr. Skatoff is the managing partner of Clark Skatoff LLP, a Florida tax and probate law firm whose predecesor law firm was established in West Palm Beach Florida in 1971.

Mr. Skatoff can be reached at (561) 842-4868. The firm’s website is at http://clarkskatoff.com.

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