Featured Intellectual Property Article
Filing Copyrights: How and Why or Just Do It!
by Joshua J. Kaufman (Venable)
By Joshua J. Kaufman, Esq. © 1999-2009
Almost every day an artist or writer calls my office with a 100-percent, knock-down, dead-on, no-lose copyright infringement case- and I have to tell them it is not worth their while. Even in those situations in which there is no question that someone reproduced artwork without authorization or exceeded the license provided to them and that the artist owned the rights- even when the infringer admitted the infringement- I still have to turn down the case.
Why? Because the artist (or copyright owner) had not filed a registration with the Copyright Office of the Library of Congress prior to the infringement.
What difference does filing with the Copyright Office make? All the difference in the world. Registration provides the artist with three important rights: the right to file suit, the ability to recover statutory damages and the right to ask the court to force the infringer to pay the artist's attorneys' fees if she prevails.
Copyright in...
Featured Labor & Employment Article
The NLRA and Non-Union Employers
by Thomas Y. Mandler (Hinshaw & Culbertson LLP)
Non-Union Employers Should Understand the NLRA
With the specter of change looming over federal labor law in the form of the Employee Free Choice Act (EFCA), many non-union employers have had occasion to consider the National Labor Relations Act (NLRA). Regardless of whether the EFCA passes, non-union employers should maintain a healthy interest in the NLRA for one, simple reason: every employee has rights under it, irrespective of whether the workforce is unionized.
Under the NLRA, all employees have the right to self-organization; to form, join or assist labor organizations; to bargain collectively; and engage in other concerted activities for the purpose of "other mutual aid or protection." These rights are commonly referred to as "Section 7 Rights." The language of Section 7 of the NLRA makes clear that these rights exist independently of whether employees are actually organized. Consequently, employers that have never had a unionized workforce c...
Featured Litigation Article
In Good Times and Bad: Employers Must Be Proactive To Minimize the Risk of Employment Litigation in A Down Economy
by April Upchurch Olsen (Graham & Dunn, P.C.)
With the loss of 600,000 jobs in January alone, and unemployment rates soaring to 7.6%1, many companies are doing everything they can to reduce operating expenses in light of the economic downturn. As a result, many businesses have significantly reduced their workforce by implementing layoffs, or by terminating select employees with substandard performance. Whether your company is considering an isolated termination, or a larger reduction-in-force, there are practical steps that you can (and should) take to reduce the risk of employment litigation.
Most employees are “at will” meaning they can be discharged for any reason or for no reason. There is one caveat to “at will” employment, and that is, that an employee may not be discharged for an illegal reason. With the many employment laws designed to protect employees from illegal conduct, most motivated employees can find a legal basis to sue their employer despite being employed at will. In fact, the Equa...
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