Copyright,Infringer,-Employer, law Copyright Infringer -Employer or Employee?
When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a
Normal 0 false false false EN-US X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable{mso-style-name:"Table Normal";mso-tstyle-rowband-size:0;mso-tstyle-colband-size:0;mso-style-noshow:yes;mso-style-priority:99;mso-style-qformat:yes;mso-style-parent:"";mso-padding-alt:0in 5.4pt 0in 5.4pt;mso-para-margin-top:0in;mso-para-margin-right:0in;mso-para-margin-bottom:10.0pt;mso-para-margin-left:0in;line-height:115%;mso-pagination:widow-orphan;font-size:11.0pt;font-family:"Calibri","sans-serif";mso-ascii-font-family:Calibri;mso-ascii-theme-font:minor-latin;mso-fareast-font-family:"Times New Roman";mso-fareast-theme-font:minor-fareast;mso-hansi-font-family:Calibri;mso-hansi-theme-font:minor-latin;}When a piece of work faces plagiarism and the infringer is an employee or ahired contractor, the employer is held responsible for this act. Hence, he isliable of punishment for the violation of the Copyright Law.The copyright owner can appeal in the court for this infringement againstthe employee or consultant for authorizing the violation of copyright by theemployer; the employer on the basis of his responsibility for the acts of hishired persons; any person who allows the performance in public of a literary,musical or any other work without the consent of the copyright holder; anyonewho assists in the unlawful reproduction of a tangible work by a copyrightinfringer. The employer is most likely to be charged for plagiarism as he should bemonitoring the acts of his employees or consultants and is financially stableenough to afford the legal expenses and pay for the damages to the owner ofcopyright. Compensation for the damages caused by such an infringement is notfixed in the Copyright Law, it depends on the conditions and circumstances.These are generally determined by the commercial values. Either the allegedwork is copied and sold or it is only reproduced for personal interest and notfor reselling. Alleged work resoldMany a times the infringer copies an original idea and uses it without thepermission of the lawful owner to make money. In this case the owner suffers agreater loss. If the court decision goes in favour of the owner, the damagescan be recovered but not completely. If the infringer is not able to sell asmany pieces of work as the owner, the profit is definitely lower and if theinfringer has sold the work at a lower price than the work deserves, again theowner is at loss. Apart from money, it is also the reputation of a product thatgets affected by such an act. If the price standard or quality standard islowered or the product is used in a vulgar or wrong manner, the trademark gainsa negative reputation. Alleged work not soldIf the infringer does not sell the alleged work, there is no recovery ofprofit. Instead, the owner charges a license fee for using his creativity. Thisis an agreement between the claimant and the defendant. ConclusionEmployers must be very careful and well aware of copyright laws to avoidgetting into any accusations. On the other hand, a lawsuit may recover somedamages for the owner but it is always less than the actual profit bothfinancial and moral. Therefore, it is best to register a copyright for yourtangible, copyrightable works.
Copyright,Infringer,-Employer,