{"id":445,"date":"2010-07-22T20:58:57","date_gmt":"2010-07-23T00:58:57","guid":{"rendered":"https:\/\/thecopyrightzone.com\/?p=445"},"modified":"2010-07-22T20:58:57","modified_gmt":"2010-07-23T00:58:57","slug":"more-myths-that-will-not-die","status":"publish","type":"post","link":"https:\/\/thecopyrightzone.com\/?p=445","title":{"rendered":"More Myths That Will Not Die"},"content":{"rendered":"

Currently playing on a computer screen near you are these two myths.\u00a0 The first one is as old as we are, the second is fairly new and for the life of us we can’t figure out its genesis.<\/p>\n

<\/strong>Myth 1 – You don’t necessarily have to sue in Federal Court for copyright infringement.\u00a0 WRONG, you do.<\/p>\n

Original jurisdiction over civil copyright infringement actions is conferred exclusively<\/em> <\/strong>(only) on the United States District Courts (the Federal Courts).\u00a0 Neither state nor local courts have the power to hear or adjudicate copyright infringement cases period.\u00a0 For those of you who continue to doubt us, whether legally trained or otherwise, the law is at 28 USC Sec. 1338(a).\u00a0 There is no room for discussion or debate.\u00a0 It is what it is.\u00a0 You can’t sue for copyright infringement in small claims courts.\u00a0 If the judge or opposing attorney has a legal IQ of 6 or more he\/she will toss you out of court.\u00a0 Wrong Church regardless of pew.\u00a0 A decision incorrectly issued by such a court adjudicating a copyright claim is of no value and may be vacated (thrown out) via minimal effort.<\/p>\n

Note that not every action predicated on rights derived from the Copyright Act is necessarily an action for copyright infringement. For example a claim to royalties or sales commissions due under a licensing agreement which just happens to concern copyrighted materials.\u00a0\u00a0 Such cases are not “real copyright cases” and can be heard in certain instances in state or local courts.\u00a0 The determination of the correct legal nature of the case and where it should\/must be brought must be made by a lawyer not a layperson.\u00a0 Classic example: salesperson sells a copyrighted work\/item and is entitled to 10% of each item sold or licensed.\u00a0 Sales are made and licenses procured by hard working sales person.\u00a0 Copyright holder fails to pay salesperson.\u00a0 Salesperson sues. This is not a “copyright infringement suit” and likely can be brought in state court.
\n<\/em><\/strong>
\n2.\u00a0 Terms and Conditions of Your Invoice Can Not Appear on Your Estimate.\u00a0 MYTH<\/p>\n

Where do people get these ideas?\u00a0 The same terms and conditions (T&C) we provide in our book for use on your invoices can and should be used on your written estimates.\u00a0 There are comments on the web which seem to imply that you can’t use terms and conditions for the first time on your invoice.\u00a0 The “reasoning” employed is not worth repeating.\u00a0 Feel free to employ the terms and conditions on your invoices on your estimates as well so that your client or potential client knows what your T&C are and will be.\u00a0 Ignore well meaning persons who suggest that the value or effectiveness of T&C is undercut if first employed on your invoice.<\/p>\n

Where do otherwise intelligent people get these ideas from?\u00a0 Who wrote the Book of Love?<\/p>\n","protected":false},"excerpt":{"rendered":"

Currently playing on a computer screen near you are these two myths.\u00a0 The first one is as old as we are, the second is fairly new and for the life of us we can’t figure out its genesis. Myth 1 – You don’t necessarily have to sue in Federal Court for copyright infringement.\u00a0 WRONG, you […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,15,20,6],"tags":[],"class_list":["post-445","post","type-post","status-publish","format-standard","hentry","category-copyright-registration","category-legal","category-stuff-you-should-know","category-you-cant-make-this-up"],"_links":{"self":[{"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/posts\/445","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=445"}],"version-history":[{"count":3,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/posts\/445\/revisions"}],"predecessor-version":[{"id":448,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/posts\/445\/revisions\/448"}],"wp:attachment":[{"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=445"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=445"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=445"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}