Posts Tagged ‘Copyright’

Widerman Malek, PL is pleased to announce that Paul J. Ditmyer has joined the firm as a Patent Attorney. Mr. Ditmyer, a member of the Florida bar, graduated from the Franciscan University of Steubenville in Ohio with a degree in engineering and then graduated Magna Cum Laude from the Columbus School of Law at the Catholic University of America in Washington, D.C.

Mr. Ditmyer practices in the areas of intellectual property, and has over twenty years of experience with patents, trademarks, copyright, and trade secrets. He is a patent attorney registered with the United States Patent and Trademark Office. He is a former patent examiner where he examined U.S. and PCT applications in the electrical and electromechanical arts, and was also an ESL (English as a second language) mentor for junior examiners. Clients represented include Apple, Samsung, Blackberry, Panasonic, Harris, Authentec, Intersil, Lucent, Agere, Siemens and STMicroelectronics, for example. Mr. Ditmyer is married with four children, two of which attend UCF. He is also an approved DCF family visitation supervisor.

Widerman Malek, PL maintains offices in Melbourne, Florida, Evansville, Indiana, and in the Washington, DC area. The firm practices in the areas of intellectual property, intellectual property litigation, general litigation, land use, real estate, employment law, corporate formation, asset protection, estate planning, public body representation, drone/UAS law, family law, government contracts, and construction law.

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Widerman Malek, PL provides their clients a full range of services involved in obtaining federal copyright protection. WM can also assist you in all facets of copyright law including copyright infringement and enforcement, as well as copyright licensing. For more information, please visit the Copyright FAQ.

 

 

Your business assets are valuable. You need to understand this when starting your own business. Not only are we talking about things like equipment and a building, but also the “intellectual assets”.

Situations arise that will necessitate the estimating the value of the company’s intellectual assets. Some of these include:

1. Whether it is time to sell part or maybe the entire business while the value is at its peak

2. Whether or not the company is earning a reasonable royalty for an asset

3. Whether or not a settlement is fair in dropping a lawsuit

4. Whether or not to buy another asset that the company needs

5. Whether or not the asset is about to outlive its usefulness and needs to be replaced

6. Whether or not to use the asset as collateral to borrow against

7. Whether tax implications favor the company

8. Whether or not the company is in compliance with all regulations

Here are the three models used when valuing assets:

Market Approach – the fair market value is determined by comparing what similar assets are selling for.

Cost Approach – the value is based upon how much money was used in creating, maintaining the asset.

Income Approach – the value is calculated by how much money is it bringing in or expected to bring in.

Valuing an asset is more of an accounting exercise than a legal one. Since the stakes are so high, and you do not want to get it wrong, hire a highly trained CPA to assist you in valuing you intellectual assets.

 

 

 

The answer to that question is “yes”. However it is a lot more complicated than moving in and staying there.

With the massive number of houses in foreclosure, many of them are sitting empty for long periods. There have been cases where people have gone into these homes and stayed in them for a few months and when the bank comes to kick them out, they claim to ve “in adverse possession” of the home.

In other words, they claim to be the owner because they set up residency there and nobody told them to get out, so now they own the place. Unfortunately it is not quite that simple.

Adverse possession laws state that the squatter must live there uninterrupted for seven years. In addition, he must be living there either without the owner’s permission and it be so obvious that the owner should have known he was there. So hiding out there is not good enough.

Also, the use must be in adverse to the owner’s use and be so that the owner can take an action to stop it, such as an eviction or trespass warrant.

So basically, you would have to move in, get the utilities switched into your name, pay the property taxes and stay there in plain sight of all the neighbors for seven consecutive years to even have a good case.

Even if you are able to meet all those requirements, if there is any doubt as to the squatter’s claim that the owner knew he was there and did nothing, the court must award the property to the owner. The “burden of proof” in this case is on the squatter.

The food news is, if you do meet all those requirements, the police are powerless to evict you. But id you just show up, change the locks on the door and move in without paying taxes and switching the utilities over, you are basically a trespasser and could face criminal charges.

So if you see an abandoned house, do yourself a favor and talk to an attorney before you move into the home.

 

 

 

So many people are turning to the internet to start or help maximize their business potential. Many times the proprietors need content and have to get the help of others to write this content. This can create a problem if it is not spelled out in the beginning what the role of the content writer is.

If a writer is hired to write articled for example, are the articles he writes his property? Or do they belong to the website owner? That would depend on the agreement the two parties enter into in the beginning.

If the owner of the site does not get it in writing, the author of the articles is free to post and/or sell the articles to whomever he wishes.

When entering in to such as agreement, such details as taxes, employee benefits, the rights of the hiring party to control means and manner of creation, etc. must be agreed upon to avoid conflict in the future.

If you hire someone to write content for you, you don’t want to see the same content all over the internet. And if you write an article or some kind of content, you want to get paid for it, get credit for it unless otherwise agreed upon and if the owner sells it to other sites, you want to get paid. If these details are not ironed out in the beginning things could get messy later.