Under the doctrine of “fair use,” the law allows the use of portions of copyrighted work without permission from the owner. Fair use is a defense to copyright infringement. These types of issues are regularly debated and argued by the intellectual property lawyer in our office. You should know that the unauthorized use of copyrighted material is excusable if it falls under the principle of fair use. Although the law does provide guidelines for making this assessment, determining fair use is not always easy since it is a grey area of the law. Consequently, courts make decisions on a case-by-case basis. Fair Use TestCourts consider four factors when evaluating whether an unauthorized use of copyrighted material is fair. The following factors are guidelines under the Copyright Act are (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes: Courts consider whether the use is transformative. For instance, was the purpose of the new use transformative, did a new expression change the original work, or did the use create new information or lead to new ideas? The more transformative a new work, the more likely a court will consider it fair use. (2) The nature of the copyrighted work: Courts look at whether the copyrighted work is creative or factual and whether it is published or unpublished. Creative works, such as fiction, creative nonfiction, pictures, and graphic works, typically receive more protection. Factual works, such as history accounts and scientific works, receive less protection because of the benefit to society from the exchange of ideas . Authors have a right to decide when to publish their work, so the use of unpublished works without permission is less acceptable than using published works. (3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole: Courts consider how much material was copied and was the copied material a central part of the original work. When a large portion of the entire copyrighted material is used or it includes the use of a central point, it is less likely that a court will consider it fair use. For, parody, however, it is acceptable to borrow a large portion and to use the central part of the original work. (4) The effect of the use upon the potential market for or value of the copyrighted work: A court will look closely at a use that deprives a copyright holder of income, regardless of whether the new material is competing in the same market. Important factors include the current market and the potential market. Courts may use additional factors to determine whether the unauthorized use of copyrighted material is fair. Some Court Decisions on Fair UseCourts evaluate fair use on a case-by-case basis. The following are cases in which a court ruled that an unauthorized use was fair: (1) Reproduction of images into thumbnails to display on search results pages was fair use because the alteration of the image was transformative, and therefore, it outweighed the commercial benefit received by Google. (2) A biographer’s quotation of 16 unpublished documents was fair use because it comprised no more than 1 percent of Richard Wright’s unpublished documents and it was for an informational purpose. Fair Use Lawyer Free ConsultationIf you are here, you probably have a fair use issue you need help with. If so, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
My Credit Card Company Is Suing Me via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/182335221796
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It is not always possible to find a commercial property zoned for a particular use. Commercial zoning laws determine factors like the acceptable business activities in the area and setback requirements, as well as building heights, sizes, and proximities to each other. When a “Use” Violates Commercial Zoning Laws
Do what you can to get support from the community. This is a good opportunity to have community members and other nearby businesses offer support orally or through a written petition. It is also effective to ward off any criticism before the hearing by reaching an agreement with people living near the property who may object to the business moving in. Hire a real estate lawyer to request a conditional use permit for you. A board may condition use of a specific activity in a zone on the fulfillment of a condition or set of conditions. You can also have a lawyer request a variance for you. A variance is an exception to a zoning regulation. Many variance statutes require the applicant to establish that an undue hardship exists and that granting the variance will not cause a substantially negative impact on the public. Appealing Commercial Zoning to CourtIf it is impossible to reach an agreement with the zoning board, the business may be able to appeal the decision in court. Going to court, however, is expensive and time-consuming. In fact, it can take several years to receive a court ruling, and there’s no guarantee that the court will decide in your favor. Commercial Real Estate Lawyer Free ConsultationWhen you need help from a real estate lawyer in Utah, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Temporary Guardianship vs. Testamentary Guardianship via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/182317423326 It is extremely important to keep your will updated. As life changes, so do potential beneficiaries and heirs. If you do not keep your last will and testament updated, it may not reflect your wishes given your new circumstances. The following are good situations in which changing a will may be wise. Only if married will your partner automatically receive assets from your estate. So, if you find yourself with a new loved one, changing a will to reflect what you would like to leave that partner is necessary. However, if you are registered domestic partners in California, Maine, or New Jersey, reciprocal beneficiaries in Hawaii, or civil union partners in Vermont or Connecticut, then the rules may be different; so, be sure to check your states laws, if you live in one of those states. Upon divorce, some states revoke any gifts you leave your spouse in your will. Other states do not. Changing a will upon a divorce is very important. You will want to either specify what you want to leave your former spouse, or else specify how those gifts should now be distributed. The laws governing what each spouse owns vary depending on whether the couple lives in a community property state or a common law property state. Therefore, if you are planning on moving to a new state, check that states laws. If it differs from the one you currently reside it, be sure to change your own will, according to your new property ownership status. Of course, things can happen in life that cause people to change their minds about the way in which they’d like their property distributed. Changing a will to reflect these new wishes is important. How to Change Your WillThe easiest way of changing a will is simply to make a new will. It is imperative that you revoke the old will. To do this, simply write a statement in the new will that states that you revoke all wills and codicils that you have previously made. This is sufficient to revoke any previous wills, but it is wise to also destroy any of your previous wills in order to avoid confusion or challenges to your new will. The other way to change your will is by adding what is called a codicil. A codicil is like an amendment or addition to your will. Use a codicil to revoke part of your will or add a new provision. To be valid, they must be dated, signed, and witnessed just like a legal will. Codicils were an efficient way of changing a will before there were computers and printing was a hassle. Today, codicils should be avoided wherever possible. They can cause confusion, be lost, and are sometimes even a means to challenge wills. Change Your Estate Plan
Living trusts are also not affected by the terms of your will. If you decide to change the terms of your living trust, add an amendment to the original trust document. Then, transfer property in or out of the trustees name, accordingly. You do not need to worry about having to revoke a trust and create an original one, like when changing a will. Estate Planning Lawyer Free ConsultationIf you are here, you probably have an estate or will issue you need help with. If so, please call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/182309648676 Starting your own business can be exciting and liberating, but also stressful. While owning a business means you don’t have to answer to a boss, it also means that you bear all of the burden of running a business. Something that can help with starting and operating a successful business is creating a business plan. It is important not only for defining and identifying your goals for the business, but it also can help you secure financing for your business. Business Plan LawyerWhile writing a business plan can be a daunting task, it’s probably one of the most important steps in starting your business. In fact, it’s best to have a good working business plan before you even start your business because it serves as a roadmap for both your business and any potential lenders that will provide financing for your business. Things You Need in a Business PlanThe contents of a business plan will vary depending on the specific business. There are, however, certain things that are common to most business plans; specifically, a description of the business, finances, management, and marketing. The degree of detail is entirely up to the owner(s), but a more detailed plan will be more useful to the company. Business Lawyer Free ConsultationIf you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Offer in Compromise or Bankruptcy? Unmarried Partners Medical Directives and the Durable Power of Attorney for Finances via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/182292891591 You can find ads like this everywhere — from the street light and telephone pole on your corner to your newspaper and PC. While you may find these ads appealing, especially if you can’t work outside your home, proceed with caution. Not all work-at-home opportunities deliver on their promises. Call a Utah Business Lawyer to Be SafeSeveral types of offers are classic work-at-home scams. Ads for pre-packaged businesses — known as billing centers — are in newspapers, on television and on the Internet. If you respond, you’ll get a sales pitch that may sound something like this: There’s “a crisis” in the health care system, due partly to the overwhelming task of processing paper claims. The solution is electronic claim processing. Because only a small percentage of claims are transmitted electronically, the market for billing centers is wide open. The promoter also may tell you that many doctors who process claims electronically want to “outsource” or contract out their billing services to save money. Promoters will promise that you can earn a substantial income working full or part time, providing services like billing, accounts receivable, electronic insurance claim processing and practice management to doctors and dentists. They also may assure you that no experience is required, that they will provide clients eager to buy your services or that their qualified salespeople will find clients for you. Make sure you’re getting a paycheck and it’s legit. You never have a pay to get a job. The reality: you will have to sell. These promoters rarely provide experienced sales staff or contacts within the medical community. These programs often require you to invest hundreds of dollars in equipment or supplies. Or they require you to spend many hours producing goods for a company that has promised to buy them. For example, you might have to buy a sewing or sign-making machine from the company, or materials to make items like aprons, baby shoes or plastic signs. However, after you’ve purchased the supplies or equipment and performed the work, fraudulent operators don’t pay you. In fact, many consumers have had companies refuse to pay for their work because it didn’t meet “quality standards.” Unfortunately, no work is ever “up to standard,” leaving workers with relatively expensive equipment and supplies — and no income. To sell their goods, these workers must find their own customers. Work at Home Lawyer Free ConsultationIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/182285181446 Choosing from all the different business structures — LLC, partnership, sole proprietorship, or corporation — for your business can be difficult and will depend on your preferences and the type of your business. Both corporations and LLCs allow business owners a type of “limited liability,” where anyone seeking claims against the business will have a very hard time placing personal liability on you as the owner. Conversely, if you were to organize your business as a partnership or a sole proprietorship, you could be personally responsible for anything the business did wrong. In general, there is no special paperwork that needs to be filed in order to establish either of these business structures. In addition, there are rarely any fees associated with establishing or maintaining either of these business structures. The easiest way to think about the different income tax structures that these business structures will use is to break them into two categories — one comprised of those business structures where the business owners pay taxes on business profits, and one that includes all business structures where the business owners do not pay taxes on business profits. Free Consultation with a Utah Business LawyerIf you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Child Support and Taxes in Divorce via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/182267125666 In Utah, child support does include medical and dental expenses and health care insurance, and the courts also order the parents to share daycare and child care expenses while the custodial parent is working or undergoing any training. Unless ordered otherwise usually the parties are to split any out-of-pocket Medical Dental or health care expenses – including Health Care insurance premiums, if any. Both parents are responsible for child supportContrary to popular belief, Utah law requires that both parents financially support their child or children. Either or both parents may be ordered to pay child support. The Utah child support, or the court determines the amounts are unjust for a particular reason. The child support calculator includes a formula to determine amount of support that each parent has to pay depending on the number of children, the income of both parties, and the custody Arrangement. You can estimate your fair share of support by using the state’s child support guidelines yourself or by contacting our office. We help people calculate child support all the time. The guidelines are simply a fee schedule or formula. Parents are free to pay more than the amount given by the guidelines but not less, then, the Court must approve them out. Though a quart presumes that the number given by the guidelines is the appropriate amount of Child Support to a parent word the child. In those cases, Court will review a set of factors and may adjust the amount of support either up or down depending on the circumstances. Challenging the amount of Child Supportsometimes, the total amount given by the guidelines or the way that number is divided between the parents is not right or unfair. If you think support should be increased or decreased before the court issues the order, then you can ask a court to adjust it. Once you ask, a court will review all relevant factors, but especially the following, to adjust the amount of Child Support either up or down: Child Support Lawyer Free ConsultationIt’s always a good idea to have a family law attorney assist you with child support calculations. Should you need any assistance please call Ascent Law for your free consultation (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 49 reviews
Fraudulent Transfers Before Bankruptcy Salt Lake City Lawyers Discuss Panhandling Laws via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/182258953351 Most businesses will incur some form of debt as a necessary part of operations, whether it’s the use of credit cards or bank loans. But unsustainable debt and interest charges, without increased revenue or investor capital to cover it, can put the health of any business in jeopardy. This section contains a glossary of terms related to “bad” debt, an overview of options for businesses that cannot pay their debts, a checklist to help small business owners prioritize their debt payments and other resources for entrepreneurs dealing with debt. What To Do When You Can’t Pay Your Business DebtsWhen a business accrues debts it can be scary to try to address the problem. Creditors may begin threatening legal action against the business or you personally. Depending on how the business is organized and the degree to which you have agreed to guarantee the business’s debts you may have some options regarding how to deal with the problem and your creditors’ ability to take assets or funds in repayment. Your position will also determine whether bankruptcy is a good option to resolve your insolvency. An important exception relates to payroll taxes. Regardless of how the business is organized the Internal Revenue Service will hold a business owner responsible and personally liable for any unpaid payroll taxes. However, in many other circumstances how the business is organized can be quite meaningful. Business Bankruptcy Lawyer Free ConsultationWhether you want to consolidate, fight debt, negotiate it down or file a business bankruptcy, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Can I Call My Child As A Witness in Court To Say Where She Would Like To Live? via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/182240785271 As the noncustodial parent, you will likely owe child support. The amount is generally established based on Utah child support guidelines calculations, with some room for negotiating a fair monthly amount. In addition, you can negotiate with your spouse to reduce your future tax liability. The actions you take during mediation can put more money in your own pocket during the years following your divorce. Only one person can claim a dependency exemption and a child tax credit for each qualifying child on a tax return for a given year. Consistent with the law’s child residency requirements, the IRS allows the custodial parent to reap the benefits if your divorce decree is silent on the issue. However, your spouse is permitted to transfer these exemptions and credits to you, which can significantly reduce your tax liability. To do so, your spouse must sign and you must submit IRS form Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent. You can negotiate to receive this tax-saving benefit every year or on specified years. Many couples agree to alternating years. Should You Modify Your Decree of Divorce?As time passes and circumstances change, some aspects of your final divorce decree can be amended by a petition to modify the original terms. As a Long Island divorce lawyer, I can confirm that modifications are common in today’s challenging economic times. Economic hardship may also cause the custodial spouse to relocate to find or to continue employment. This can result in a request to modify the terms of custody and/or visitation, allowing the spouse to relocate beyond the radius originally agreed upon and an overall change to the agreement, for example transferring custody to the parent who isn’t moving, so the child can remain in the same school. Rising costs of health care and child care can also be addressed through modification, as can additional expenses such as college tuition that may not have been addressed in the original decree. Of course, not all modifications result from gloomy circumstances. For example, a major increase in income may encourage an ex-spouse to share the wealth by increasing the amount of spousal or child support. Child Support Lawyer Free ConsultationIf you have a question about child support or if you need help with taxes, please call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 49 reviews
When Your Minor Child is Pregnant How to Get a Good Divorce Settlement If I Can’t Afford a Lawyer? If I File Bankruptcy Do I Have To Go To Court? via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/182233536121 The making of a will is a vitally important act, with far-reaching consequences. Since you cannot “take it with you” when you die, having a valid will is one of the few ways you can give back to those you love in a proper, legal manner. A person must be of legal age to make a will. Most states consider you to have legal capacity if you are 18 years of age or older, have been lawfully married, or are a member of the U.S. military. In most states, a person has ‘testamentary capacity” if they have a sound mind, meaning the testator must know that he or she is making a will and its effect; understand the nature and extent of the estate; and understand that he or she is disposing of property and assets. A will must be voluntarily entered into and signed by the testator. A will executed by a person who was coerced into signing the will, or who signed the will under duress, is not considered to be a valid will. A will must properly dispose of the testator’s property. This includes listing all property and assets and properly distributing them among friends and family according to the testator’s wishes. Will Lawyer Free ConsultationWhen you need legal help about a will or estate, please call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
When Your Minor Child is Pregnant Filing Your Tax Return During Divorce Proceedings in Utah Household Debt Near Great Recession Level via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/182214777971 |
ABOUTHi my name is Fiona Rikke and i am Divorce Lawyer at Midvale, UT. Archives
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