Category: Copyright

Everyone Is A Winner With Private Label Rights

Posted by Niemands in Copyright

     

Private label rights are by far one of the best things out there in the world of online marketing. Changing the material, making it uniquely yours and not be liable for any copyright infringement, are great for creating a brand for your business.

If you haven’t heard of private label rights, then most likely you’d think they were pulling your leg. But all the above are true if you are able secure these rights.

But what are private label rights? Would you believe a person if they told you that it was possible to take another person’s work, change it anyway you please and call the edited material yours?

What if that person also told you that besides being able to do so, you could actually profit from that work and not be liable for any copyright infringement?

To understand why private label rights are so special, you need to know about resale and master resale first.

Resale rights are simply permission from the owner of a work (a book, for example) to allow you to take the said material and distribute it for your own profit.

Master resale rights take it a step further and allow you to sell the resale rights to the work. The reason why it is called master resale rights is because it covers a large set of permissible actions to the person who acquires those rights.

Experts would tell you that to get the most of your purchasing of master resale rights, the following list of actions should allow you to:
1. give the material away unaltered
2. combine the material with others
3. give the material away as a bonus item
4. use the material a content for websites
5. divide the product into separate articles
6. put the rights for the material or the material itself up for auction
7. provide the material as content for paid membership sites
8. sell resale rights for the material
9. change or alter the material

Buying the whole set of these rights are great but it can cost you. But there is a way to get almost all of these actions and not have to pay as much for master resale rights IF you acquire just the right to change or alter the material, which is exactly what private label rights are.

With these set of rights, you are given permission to change another person’s work. By altering the material, you have made the work your own which then allows you to profit from the material anyway you intend to.

Let’s say you were able to acquire private label rights for a particular ebook. What can you do?

For starters, you can break up the book into separate chapters and then sell these as articles. On the other hand, if you were able to acquire private label rights for a set of articles, you could combine them and package it as a book, which you then can sell.

You can change the material’s content by adding or removing details. You can also add pictures or illustrations as well as other media like sound or video clips.

All of these actions are possible but the best part about private label rights is that you are not obligated to mention the original author (or pay them any royalties) for the changes you have done to his or her material. You can claim the material as yours by putting your name as the author of the material.
With these changes, the ways on capitalizing on them are many.

You can come up with a whole new set of products from a single material source. Take an ebook for example. On one hand, you’ve broken up the book to sell them as articles. On the other, you’ve enhanced the book’s content with media to package it as your own work and putting it up for sale on the market.

Acquiring private label rights are great for creating a brand for your business. As you may already know, one of the keys to a successful business is to distinguish yourself from the rest. With private label rights, you can change the material and make it uniquely yours. If your target market likes your material, your market can perceive you as an expert in your line of business, which is something you can really capitalize on as you sell your products or services.

However, it is not only the person who acquires private label rights who stands to benefit from it. It may be difficult to understand at first, but selling private label rights benefits even the original creator.

With the increasing demand for original material to be sold with private label rights, a writer can make good money from his or her work. The incentive is that he or she can command a higher price for the work given the rights that go with the material.

Furthermore, selling the right to change the material any way the buyer wants is actually giving new life to the material. By giving the buyer the freedom to change the content in a number of creative ways, the material’s usability sand relevance is extended.

By compensating the original content creator well; by allowing freedom and flexibility for the purchaser; and by giving the end user a wealth of very useful information, private label rights are by far one of the best things out there in the world of online marketing.

Andre Niemand is a dentist,with a love for marketing, especially the latest unique strategies.Find out how you can easily choose the right internet business training program at http://www.4moneymaking.com and put your business on autopilot at http://www.4topmoney.com

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Are Free Sound FX Sites Doing Things Legally?

Posted by SleepDeprivedProductions in Copyright

     

Recently, there have been a number of cases involving sound effects companies that are offering “free” sound effects as an enticement for people to sign up for their free accounts. Often times this is in order to harvest email addresses and names for marketing purposes or to sell lists to other marketing companies. The problem is that some of these sites are using copyrighted materials illegally. When companies do this they are not only neglecting their customer’s rights to privacy, but also placing them in potentially precarious legal dangers from the rightful copyright owners.

The issue has often risen from people who are either tired of buying sound effects legally, or who just don’t understand the legal implications and then post blogs on the web, solicit their friends and colleagues, and get people to search their computers for sound effects and then upload them to their newly developed, free sound effects site. Their intentions may be perfectly innocent, giving producers access to a wide variety of sound fx in one centralized location, but the real problem is that most of these uploaded sound effects are copyrighted and subject to the same copyright protections as music, movies and everything else.

There have been cases where people download sounds from these free sites to use in jobs for their paying clientele. Only later to get embarrassing and potentially career ending complaints, letters and law suits from their clients, who in turn have recently been contacted by the copyright owner’s attorney for copyright infringement. Not only can this devastating affair make you and your company look unprofessional, it is highly irresponsible as well. Nobody wants to be reflected poorly in professional circles, and in the highly sensitive environment of copyright law and the legal issues surrounding digital media, companies are coming down harder and people are treading lighter than ever before.

This is why it is important to make sure that the sound effects you are using have been obtained legally and with the appropriate licenses. There are many sites out there that offer sound effects legally. Some of these sites are free, others will charge a nominal fee, and still others may create sounds specifically for you that are licensed only to you. It is true that most of the time if you want a really high quality sound effect you will most likely have to pay for it, but the fee is usually small, ranging anywhere from a few cents to a few dollars, and more often that not it is completely worth it!

If you do want something custom built for you, you will probably pay more for it, but this sound will be licensed only to you and your production and will most likely never be available to the general public, unless releasing it was part of your sound effects/Foley creation agreement or if some one steals it and publishes it illegally.

Your best option is to play it safe. Most of the time the sounds you acquire from legitimate sources will be much higher quality anyway and will thus make your production sound much sweeter!

Adam Benson is the CEO and head engineer of Sleep Deprived Productions. SDP specializes in Video and Audio Effects and Post-Production. To learn more check them out at
http://www.sleepdeprivedproductions.com

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What To Do If Accused Of Patent Infringement

Posted by Johnsonlawgroup in Copyright

     

Patent violations do occasionally happen accidentally. With research tools and the high level of technology available, patent violations shouldn’t happen accidentally very often, but they do. Nor is it unheard of to be accused of a patent violation when there isn’t one. Either way, fast action is required if you or your company is accused of patent violations.

The first step is contacting a patent infringement lawyer, someone who can guide you step by step in protecting your assets, your company, and you reputation while an investigation is conducted into the patent violation accusation. As you follow your patent infringement lawyer’s advice, you may discover that you or your company is completely innocent, or you may discover that you accidentally violated patent infringement laws.

The laws protecting patents and those which outline patent violations are very intricate, and should be interpreted by a qualified patent infringement lawyer if there is any question of potential patent violation from concept to final production. Patent violations costs companies million of dollars and should not be taken lightly. It is better to pay a patent infringement lawyer in the early stages as a consultant than it is to have to pay him after a patent violation accusation.

The steps taken in the wake of a patent violation are vital, and should be followed exactly as determined by the patent infringement lawyer. Seeking the advice of a patent infringement lawyer and then determining your own path may very well be business suicide. It is necessary to protect yourself.

After the initial consultation with your patent infringement lawyer, you should have an adequate understanding of whether or not you are guilty of a patent violation. This will determine your company’s actions and may very well affect things such as employment, production, and profits.

Depending on the company, this may very well be a devastating blow. Small companies who are heavily dependant on one or two products for profit can find just the steps taken after being accused of a patent violation will be enough to close them down. Closing the company doesn’t necessarily mean that those prosecuting the patent violation will drop their claim. It may simply mean that the patent violators will need to find an alternative method of paying off the judgment, if there is one.

Being accused of a patent violation is a scary proposition. Your patent infringement lawyer will be able to thoroughly explain the various steps that occur from the moment of accusation all the way through the final judgment. Sometimes knowing what is likely to happen can ease the fear of being accused. Of course, being accused of a patent violation when in fact there isn’t one can be a very frustrating experience.

Being financially drained over an illegitimate cause for a small company is just as devastating. In this case your patent infringement lawyer can help you file a counter claim to recoup your losses from a false claim.

Not all patent violations are obvious to either the accused or the victim of the patent violation. Induced patent violations are tricky, as they involve a principle based in misleading, and avoiding an induced patent violation can be as simple as changing the wording on the packaging.

Consulting with a patent infringement lawyer can avoid incidents of even induced or indirect patent violations. Patent infringement lawyers can be downright invaluable when the product or invention being created is even remotely similar to an existing product or invention.

Once you or your company has been officially accused of a patent violation, there are precious few options other than to settle the matter via legal means. It is nearly impossible to resolve the matter without a patent infringement lawyer, and considering all that is at stake, it wouldn’t be prudent to try.

Patent infringement lawyers are highly qualified to steer you in the better direction when dealing with patent violations, regardless of how much an on staff lawyer may be. Unless your on staff lawyer is a patent infringement lawyer, it would be prudent to hire a specialist.

Choose a patent infringement lawyer carefully. Take the time to review their record carefully and thoroughly discuss the pending patent violation case. Naturally, entering into litigation over a patent violation with a less than average patent infringement lawyer could mean the difference between surviving and closing the company doors deeply in debt. The patent infringement lawyer of your choice can determine your future. It is vital that you take the time to choose wisely.

Nick Johnson, lead counsel and founding partner of Johnson Law Group, represents individuals or companies with cases involving patent infringement. Find more information at: http://www.toppatentinfringementlawyers.com or call 1-888-311-5522

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Comparison Between Trade Secrets, Patents, And Trademarks

Posted by Johnsonlawgroup in Copyright

     

It typically requires a patent attorney to define all the nuances between trade secrets, patents, and trademarks, however a few basics don’t require a patent attorney for a generic understanding.

Patent infringement is considered an infringement on a product, or a product enhancement that is patented to an existing inventor or company. For a period nearing twenty years, an inventor or company can hold exclusive rights to a patent, and anyone who markets or presents a product that can only reasonably used for the same purpose is guilty of patent infringement.

A trade secret is typically regarded as a company secret that makes the product different from any other, often this refers to an ingredient such as what makes Corn Pops taste like Corn Pops instead of Corn Crunchies.

A patent attorney may be called in to draw up contracts with employees to keep trade secrets safe, as well as prosecute any trade secret infringements once an employee has left a company. It is illegal for an employee or anyone else privy to trade secrets to open up their own company using the trade secrets they learned while working for another company.

A trademark is typically an emblem, logo design, or other distinguishable characteristic that is easily recognizable as a company’s trademark. A trademark can be the way a name is or brand id displayed, like Coca Cola’s emblem placed up the can or across the bottle.

Trade secrets, trademarks, and patents can all be subject to patent infringement laws, and while these laws are typically complicated enough to require a patent attorney to interpret them, the basis of these laws simply means that nobody is permitted to copy these things without permission.

When trade secrets or trademarks are copied, a patent attorney is usually contacted to assist the defrauded company in determining and prosecuting the offender, as the selling or theft of trade secrets or the copying of trademarks can sufficiently hurt the established company’s business.

Many companies rely on their trade secrets and trademarks to establish something special in the marketplace, and being defrauded means that the consumer is now likely to interpret the trademark or purchase the other brand, believing it is the same product.

When this is not true, the consumer may lose confidence in the defrauded company when the product is not the same as expected. The defrauded company has no way of explaining to the consumer that this product was not theirs without retaining a patent attorney to file a patent infringement lawsuit based on either the theft or sale of trade secrets, or the copying of a trademark.

Once a patent attorney is able to bring the case to court and expose the damage done, the consumer by then has already found either another product or may be leery of wasting money on a product that turns out to be less or even just different than what they expected.

A patent attorney can often be brought on board a project in order to help prevent the infringement of trade secrets and trademarks, and of course patents. This is routinely done in the development stage in order to prevent the company from wasting money and energy on a product or product enhancement that is already covered and protected under patent infringement laws, which includes trade secrets and trademarks.

Patent infringement covers all aspects of business practices that include things such as trademarks and trade secrets. Patent attorneys are able to keep up on the changing laws, which is often invaluable in the development of a new product.

No company wants to spend man hours and money in the development of a product or product enhancement that is like to find them on the receiving end of a patent attorney’s line of questioning. Considering the ample awards that are handed out for patent infringements, it makes financial sense to bring a patent attorney on board to justify the product development.

Naturally, patent infringement is taken very seriously in business law, and the penalties for either a patent infringement, trade secret violation, or a trademark infringement are quite severe. This is just one motivating factor in seeking assistance from a patent attorney before marketing a new product or product enhancement.

In today’s business world, an ounce of prevention is worth about 2.3 million dollars worth of cure. The vast majority of companies simply skip the guess work and retain a patent attorney from the start, and by doing so, thwart their chances of accidentally being guilty of patent infringement, trademark violations, or trade secret violations.

Nick Johnson represents individuals or companies with cases involving patent infringement. Find more information at http://www.toppatentinfringementattorneys.com or http://www.toppatentinfringementlawyers.com . Call 1-888-311-5522 to receive a free case evaluation.

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General Information About Patents

Posted by Johnsonlawgroup in Copyright

     

Patent infringement is a serious offense in the United States. It can lead to serious damage awards if the case goes to trial. Often in cases of it, research by the offending company was previously performed to avoid it. However, often patent infringement happens when a company believes they are not directly violating certain laws.

For the purpose of clarity, we will discuss it as it pertains to a fictitious weight loss candy. Weight loss candy that has been marketed as candy that encourages weight loss and has been patented now holds the market on the ingredients and the concept, as well as the brand name and labeling.

The most obvious form of it is a company who creates the same product as a previously patented product and markets it as their own. Laws can get confusing when you consider that the development of products turns into development of more products. Obviously someone developed fabric softener.

Obviously, there have been many fabric softener developments along the way considering the ample fabric softener choices there are in the store today. Patents on the initial product only last for a certain amount of time, however patent infringement can happen even after it is acceptable to reproduce varying brands of the patented product. The new product can not have the same exact ingredients as the original product and it can not be marketed as the exact same product.

It can occur in several ways. Another company introduces a candy that does not necessarily encourage weight loss, but the packaging of the candy induces the consumer to believe the product is the same or similar to the initial weight loss candy. This is known as induced patent infringement.

Induced patent infringement relies on the principle that the company does not need to actually create a product that infringes on the patent rights, it only has to be presented to the consumer as a patent infringement. The candy, which may or may not encourage weight loss, is packaged in a manner that allows the consumer to believe the candy will encourage weight loss.

Induced patent infringement relies on the company’s ability to hide behind the fact that the product is not the same as the patented product. Packaging is usually carefully worded to argue that the intent of the packaging is left up to the consumer, however, this tactic usually doesn’t work. Induced patent infringement is usually obvious despite efforts that may be taken to avoid being suspected of it.

It can happen when someone redevelops a product already in circulation in another country, or if there is a patent pending on a product. Patent infringement on a patent pending product is really a matter of legal hair splitting. If a patent is pending, it does fall under protection. Patent infringement on a patent pending item can happen accidentally, however, most products that are marketed under a pending patent are marked with a patent pending obvious wording.

This can happen either accidentally or with deceitful intent. Intentional patent infringement, also known as willful patent infringement, can carry very high damages awards. Willful patent infringement is often committed with full knowledge and an intentionally deceitful marketing plan. This can include intentionally misrepresenting the product through packaging, advertisement, or even ingredient labeling. Willful can end up closing down major corporations.

These cases are definitely on the rise. This is in part due to the increase in marketing and research capabilities provided by the internet. Patent infringement awards tend to be some of the highest awards, if it was willful and the companies involved are both able and willing to take the case to court.

Patent infringement happens with large companies, small companies, and companies that are barely even on the radar screen. Unfortunately it is becoming more popular and more harmful. Patent infringement cases are becoming much more prevalent in the court room.

However it is important that those who have been victims of it, either via willful or induced, stand up and reclaim what is rightfully theirs. Patent infringement laws do help to better our society by providing financial motivation for the especially creative individuals to create products that make the world a better, safer place. Thus it is worth valuable time, money, and energy to seek out those who violate laws and hold them accountable for their actions.

Nick Johnson, lead counsel and founding partner of Johnson Law Group, represents individuals or companies with cases involving patent infringement. Find more information at: http://www.toppatentinfringementlawyers.com or call 1-888-311-5522

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Prosecuting Patent Infringement In America Today

Posted by Johnsonlawgroup in Copyright

     

Patent infringement in America today is increasing tenfold over occurrences even just ten years ago. Technological advancement has led to a significant increase in patent infringement. In some cases, it has resulted in two companies competing for the same basic technological achievement while in other cases it allowed the leaking of information to competitive companies for a handsome fee. Patent infringement is taken very seriously in this country, and the jury awards for the infringed upon are ample proof of how seriously it has surged.

When dealing with issues such as this, juries need to recognize that it is possible for two competitive companies or even individuals to come up with nearly the same invention, especially in the technological field. Patent infringement can occur with or without intent.

If the patent infringement occurred without intent, the behavior of the company or individual after notification that they were impeding on patent laws can determine the jury’s outcome. If the response was positive, and the infringing company took immediate action to stop the instance of patent infringement, juries tend to be rather lenient.

However, it is not uncommon for a company to fight the patent infringement if they were not aware of it to begin with or they disagree that they are in violation of patent laws. This is not always considered the wisest technical move when accused of it, but some companies have found themselves in the right. Those who were in the wrong had this plan backfire on them in the court room.

Accusations of it occur more often than actually necessary, as these laws are quite complex. It is possible to believe that another company is in violation of patent infringement laws while in fact they are not. Often it comes down to which way the law decides to split the hair.

A similar invention, or an invention that accomplishes the same goal with an entirely different mechanism, is not necessarily patent infringement. It must meet a set number of requirements, so to speak, in order to be considered actual infringement.

However, if a company comes out with patented software, such as voice recognition software, and another company delivers the exact same software in different packaging, then obviously this is considered patent infringement. However, if the company that released the patented voice recognition software released software that responded to the voice and typed messages and another company released voice recognition software that allowed the consumer to draw, create music and designs, but did not type, this is not necessarily a patent violation.

Whether accusing someone of patent infringement or being accused of the same, the most beneficial idea is to check with a patent infringement lawyer before making any decisions. Patent laws are complex enough that you typically need a specialist to determine what constitutes it and what doesn’t. Even when a company is 100% positive that they recognize a patent violation, it still usually takes a specialist to guide the company through the appropriate steps to effectively prosecute a patent law violator.

Patent violations are much more common than most people realize, and often in the past companies believed that a patent completely protected them from patent violations. Within the last ten years, companies have realized the vast amount of patent violations that are currently hitting the market, and naturally have taken greater steps to protect themselves from patent infringement. Many companies employ patent attorneys during the development stages of a new product.

They may also employ a patent infringement attorney to notify their competitors of new patented inventions and projects in order to dissuade them from following suit with their own likeness of the invention or product. Patent violators take a very significant risk if they choose to knowingly violate an existing patent. It is not uncommon for patent infringement cases to end in judgments of upwards of $50 million.

Patent infringement has a higher percentage of prosecution in America today based on better research materials and resources. The incidents of it are becoming more obvious to the victimized company, which naturally takes swift and decisive action against a patent violator.

Patent infringement is by far no joke in this country, and if your company has been accused of a patent violation, you are going to have no choice but to hire the best, present the best case humanly possible, and hope that your company isn’t bankrupt at the end of the proceedings.

Nick Johnson, lead counsel and founding partner of Johnson Law Group, represents individuals or companies with cases involving patent infringement. Find more information at: http://www.toppatentinfringementlawyers.com or call 1-888-311-5522

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