The Court Of Public Opinion

Various legislative reforms were adopted after India's independence, even on the same share of property daughters. But the same status remains elusive. education of the laws and practices in line is that this is necessarily a long process. The government, the judiciary legislature, media and civil society in their roles, each held in its jurisdiction and in a coordinated manner for the process to a rapid and effective.
To quoteJustice Sujata V. Manohar, the Supreme Court of India

"… It is not easy to overcome deep seated cultural values or traditions change perpetuate discrimination. There should be changed to denigrate the role of fashion in the creation of social reform. Of course, right in itself, may not be enough. Law is only a tool. It must be used effectively. And this is just the effective use of social support as a Justice of the will to change. An active socialwill reform movement, if accompanied by legal reforms, implemented properly, can transform society. "

Historical Perspective
An effective social reform movement needs the right one and a sympathetic judiciary to achieve the objectives. Empowerment of women, equal rights for men and women, an equal division of property, etc., are some of the issues we discuss daily life, in life, newspapers and television. But the reality that bites is that these problems are still "pending."Not much has really done to create equality between men and women. The male continues to dominate society.

If there is a question of ownership, thus legally male-dominated society. There are many laws that will be no discrimination between the sexes is, but in reality are not effective enough to actually bring about a revolution, a change in society.

According to the Indian Succession Act, 1925, everyone has the right to equal inheritance, except HinduSikhs, Jains, Buddhists and Muslims. Under this law, the daughter of a dying Testament only one quarter of the child would share, or RS justified. 5,000 / – (Sthree Dhan), if it is minor. The Travancore High Court however held that the Indian Succession Act has no application to the Christian women of the State in view of Travancore Travancore Christian Succession Act, 1916. According to state law, the daughter of a will would be entitled only to the dyingshare for the fourth child or Rs 5,000 / – (Sthree Dhana) whichever is lower. The application of state law was before the Supreme Court in the event that challenged the famous Mary Roy (Mary Roy Vs State of Kerala, AIR 1986 SC 1011. 1986 (2) SCC 209). The court ruled that the Cochin and Travancore Christian Succession Act had stopped, is also on the reorganization of states and automatically by the Indian Succession Act for all Christians of Kerala has given them equalInheritance rights.

Hindu Adoption Act, 1956, found that women have the right of inheritance as men, and abolished property of the heirs of a woman's life. However, the law could not take this as you need it is a different law, the coparcenaries Mitakshara (Hindu law), the law has raised the previous year.
After coparcenaries Mitakshara in a common family, had a daughter much less than the property of his son. While his fatherThe property is divided equally between brother and sister. his brother, is in addition to a share of coparcenaries where his sister is no right, for example, if the family owns a house, then the daughter of the right except to close the right of residence and not possession or ownership.

Recommendations of women committees / commissions on the status of women in India

In 1975 he formed a Commission on the Status of Women by the Indian government was to assessthe current provisions of law relating to women, so that a woman is not indigent.

Some key recommendations that were made by this committee, that legislative measures be taken to bring Christian women of Kerala to the Indian law of succession. The Indian Succession Act should be extended to Pondicherry and Goa, respectively, to reverse the descent of the widows in fourth place in the field of inheritance law and resolve the down position, theChristian women are not complete losers as owners of real estate. In relation to the succession of property of the Hindus, should have the right from birth abolished and cooperation should Mitakshara parcenary Dayabhaga (maintenance of cooperation Mitakshara parcenary perpetuates inequality between sons and daughters, as only men can be co-transformed parceners, and inherited only through the male line). The exception in § 4 (2) provided that the Hindu Succession Act relating toTransfer of tenancies should be abolished (this provision in its present form provides for the devolution of tenancy rights under state law different from the scope of the Act).

Therefore, the distinction between married and unmarried daughters in relation to the succession of houses in accordance with § 23 of the Hindu Succession Act should be removed.
The right of inheritance under the Hindu law should, so that female heirs are not deprived of their inheritance is limitedRights. E 'for legislation in Islamic law in Turkey to provide necessary parts of the property to the widow and daughter together with his sons did the same.

Of the matrimonial property should be given legal recognition of the economic value of women's participation through work at home for determining whether the possession of custody, rather than continuing evidence of the archaic actual financial contribution, which at the time of divorce or separation, she must requestat least one third of assets acquired during marriage and at one time.

The National Commission for Women had also recommended some changes in laws regarding women and property. Under the Indian Succession Act of 1925 proposed that § § 15 and 16 of the Act should be amended to remove, link required to house the wife of the man. It also recommended the appointment of a testamentary guardian can be the right of both parents at the same time acting.Widows should be granted by the management agreement with the estate of the deceased, if justified by the Court simply excluded (§ 219 (a)). And the application by the widow to be disposed of in one year (§ 218 (2) Act. Hindu Succession in 1956, it proposed the uniform distribution, not only should individuals or self-acquired property of the affected males are made but also the interests of property in undivided co parcenary. daughter of a co-park in a Hindugreat family law governed by Mitakshara his son and his co-creation in their right to park in the same manner as a surviving child should have the right to complain and have the same liabilities and disabilities; parcenary property cooperation be further divided and distributed equally.

The right of the heir to a partition caused a house only after settlement of the widowed mother of Rights is organized with the male died Testament.
A significantDent has been in this situation of Hindu Succession [Andhra Pradesh] Amendment Act 1985, a remarkable development have been addressed. This law states that in no case shall the rights of the child, the son of the genre. This new law Mitakshara system found in violation of the fundamental right of equality the Constitution gave women in India. changed after Andhra Pradesh, the states of Tamil Nadu, Kerala and Maharashtra, as a result, their lawsthrough the inclusion of women as members of coparcenaries.
The Rajya Sabha, August 16, 2005 passed the Hindu Succession (Amendment) Bill, 2004 (Hindu Succession (Amendment) Act, 2005), which is now a law, daughters and sons equal rights to property. Under this law, every woman, regardless of marital status, has full right to inherit ancestral property as a child of the family. This law was abolished completely the Hindu Succession Act of 1956 bythe same rights as daughters in the Hindu Mitakshara Coparcenary property "to have as children. But if the parents have built throughout the property and some have a will, this law would be ineffective.

Myth

Previously under the law to ask for a higher male heirs, inheriting an extra co-owned independent parcenary over and over again what they are heirs to inherit even with women, the concept of co-parcenarywas that of "a male exclusive club membership." Now, this concept is abolished. But, surprisingly, even today, even after the new law-parcenary remain co-primary right of men, without doubt, the law provides for an equitable allocation of quotas among all heirs, male and female for the death of a male co-Parc , but the practice is the scene in a different way legally responsible for property acquired intestate in equal shares among the heirs males and females. but toady female heirsare invited to share their forgoing treatment based on their signature, and often subjected to abandon the courts. If the will of the property includes a house, female heirs are not entitled to partition, until the male heirs choose to divide their respective shares. When a Hindu dies Testament, is owned by the heirs of her first husband, the husband, the heir of his father, and finally, only the heirs Mother, because the female is held within the Hindu propertyman's lien.

Conclusion

To actually create equal inheritance for all the laws have changed. With regard to the succession of property among the Hindus, the birthright was abolished and the School of cooperation Mitakshara parcenary Hindu law has only to convert at school Dayabhaga ie equitable distribution of the individual or self-acquired not only the properties of a sick man and components coparcenary property. Coparcener daughter of a HinduGreat family law is now governed Mitakshara coparcener their right to birth in the same way as a child, she survived and has right to claim the same risks and obstacles to a child, now assigned as parcenary and equal ownership share in common. The reforms were not theorists adapted to all Indian women the right to property on the same level and conditions of men. It varies by region and religion. Even in areas where right is right, where a,Conventions and practices do not recognize. The women without their rights. as daughters, wives, daughters-in-law, mothers or sisters tend to lose, women, and often suffer from deprivation. This is further accentuated when they lose the security of the family, as single women, divorced / separated or widowed. Social awareness of rights under the law, attitudes, thinking, hold on to practice and change the law and justice, thus, to ensure socialurgent.
Therefore, a movement of social reform is needed to increase awareness and changing attitudes. Since "marriage" is the traditional institution of the introduction of a family and its preservation, leaving the registration of marriages mandatory are proposed to transfer more power to women who have a knowledge of the laws by the educational institutions, awareness and legislative awareness programs should achieve the growth, awareness of the administration, judiciary and the legislature on the implementation of lawsin letter and in spirit, waiting long to consider recommendations for amendments to laws on inheritance and strengthen the administrative machinery for the purpose.

What the law says

In China, neither domestic companies or foreign-invested
Companies can actually own land, but the land use right
Rights. There are two types of rights – and their
He added. In comparison with Western common law concepts,
Allocated land use rights in any way similar
Parcels of land use rights are granted and somehow
states of similar life.

Allocated land use rights are generally requiredof
Government for an indefinite period (usually state
People) and can not be mortgaged, pledged, leased or
transmitted by the user. Moreover, given the country
recovered by the government at any time.

Granted the rights to the land provided by the government
Exchange for a license fee and bring the liens,
Mortgages, leasing, and transfer within the concession.
The land is granted for a specified time – usually 70 yearsfor
Residential use, 50 years for industrial use, and 40 years for
commercial use, and others. The term is renewable in theory
(Even if no foreign investor in China, long enough to
find out how it works in practice). Unlike the usual case
Western countries to admit the country to be targeted at specific
Purpose for which it is given.

Assigned rights to use the land can be converted into real country
Use rights to payment of a fee subsidyGovernment.
Also granted the rights to the land subject to expropriation by
the government under unusual conditions (in exchange for
fair compensation is similar to the power of eminent domain in
USA). This state of things in favor of labor
foreign investors – the land granted to foreign-invested enterprises
Rarely expropriated, but agricultural land is often
expropriated to make room for foreign investment
Projects.

As the lawIt applies to foreign invested enterprises

Most of the foreign invested joint venture to obtain land use rights
from the Chinese side. A common problem is that the Chinese
Part owner only land use rights for the territory assigned to them
be employed (for this research, if the Chinese side is a
regulatory body). In this case, to transfer to the Authority
the land use rights in managing local land transferred
Bureau and the Chinese side had no right to
Transmissionthe joint venture.

Yet, if the joint venture to acquire long-term
Granted land use rights by the Land Administration Bureau
a contract of concession of land, the joint venture will be
be able to mortgage the land or transfer to third parties.
Note, however, which is 25% undeveloped land to be expanded
Of course, before usage rights may be acquired. Do not try to
granted land use rights for the purchase, if you do not intend
developwithin a short time, because even if the country
developing qualified by 25%, which qualifies for a subsidy, is
can still be "free" and of uncultivated land can be allocated
recovered if the development is not started within two years
transfer.

A second option would be for an investor to receive
Granted land use rights and therefore the lease land to the municipality
Venture. However, the undeveloped land to be leased to third parties
(For example, a joint venture or other foreignInvested Enterprise)
by the dealer. It is also worth mentioning that a lease on the needs
recorded in order to protect against its lease
Potential competing claims.

Third, if you are willing to pay to attach Land Use
Rights could have just foreign-invested enterprises
Land to be allocated by the local Land Administration Bureau.

In the case of a joint venture would be a fourth option for
, The Chinese side to contribute its assignedLand use rights
the joint venture as part of their capital contribution in
for which the Chinese side would be responsible for the annual Country
User fees.

Another common problem is that the land and building (s)
We have heard from many sides, creating a potential chaotic
legal situation in which all parties are not willing to cooperate.

Above all, it would be a good idea that may be needed
the Chinese side to show the status of land use rightswith
The test before applying for approval of projects.
Also, before the transfer should include a thorough due diligence
Environmental self-assessment of impact (see Glossary for
details). Finally, remember that payment and transfer of
'Title' through the public registration with the Land
Administration Bureau can not take place simultaneously –
Land registration does not transfer when a permit
Proof of payment attached to the applicationTransmission
Application.

My wife and I are considering buying a property in France. We both have children from a previous marriage. What we should consider when buying?

There are two main points you should consider – succession and inheritance taxes. Many couples and expenses incurred because restructure their business so they can achieve their goals. Not related to the fulfillment of your dream property in France, without regard to those important to have sweptPoints soon.

How to buy the land between you dictate what will happen if one of you dies. Legal advice about your specific situation is recommended. Each case is different – it is a matter of "one size fits all".

The first step is to determine who you want, and have the properties of each death. You would need to watch this turn, considering how the rest of the foundation is to distribute to death. You should then consider whether youwill be implemented by law is limited in what you want.

French law will apply to the successor owner of the property to a death. protected heirs (known as reserves Héritiers Aires) have the legal rights of inheritance for a fraction of your French heritage, is governed by. protected heirs are usually your children. You may be surprised to know that the surviving spouse has limited protection under the law in French. In certain other circumstancesRelatives of inheritance may – but in your case, we are concerned about you, your wife and children.

There are two common forms of ownership of an absolute good – and tontine Indivision. The default location is equally Indivision. If you want to reflect unequal contributions to the act of purchase is important to raise with your legal advisor. If you own en Indivision, each of your deaths on French law dictates that in order to inherit their share ofProperties. For example, if you died before your wife, your children will have succession rights on sharing, resulting in joint ownership with your spouse. You have to wonder if this will be no problem for any of them reflect. Could there be a problem if the wife remarries, will sell the property to occupy permanently, or do not have a good relationship with your children? Furthermore, it is divorce or financial difficulties of the child have a negative impactImpact on your wife interested in the property?

Buying a property en tontine includes a system for automatic pension. This is a contractual agreement between you, when was the last surviving owner, the sole owner of your purchase must have. This means that if you die before your wife, your children's inheritance rights are suspended and effectively placed on hold to enter the exclusive property of your wife. You can only tontine clause when purchasing asYou must decide if this option is for you before buying.

It 'important to understand the consequences of property tontine – especially since it could lead to disinherit your children. Step-children have no legal right of succession to the French law in relation to a parent good pace so if the wife was to die before becoming the sole owner of the property, because you had a tontine clause to your wife your children diedaires are not subject Héritiers.

Your lawyer should be clear all the consequences of property tontine the circumstances in which an attack on the tontine clause could be done. For example, a dispute over the validity of the clause appears if you and your wife has no contributions equal to the purchase price, said to have used the clause tontine to a gift of one made to hide another.

Another possibility is a change of status Register propertyIndeed. You can use a system of community of property (known as universal Communaute), which has a similar effect to that clause tontine that there is a survivor's pension automatically, but also to all future acquired assets in France and what you intend to apply now to buy. On your death, your wife are the sole owners of the land would become. However, since your children from a previous relationship, are able to claim part of their assets that theyFrench law to be eligible had signed the marital property.

French inheritance law applies to the distribution of French property to death, because a property is in France. And 'possible to change the good of your movable property, and if you want to keep the distribution successor resident in England and Wales in (if the home), then English law would apply tothis activity – and let it spread to whoever you choose. They would buy the property through a corporate structure – for example, about a French SCI (Société Civile Immobilière) – each sign and money in exchange for a stake in the company, which then uses the money to buy land. The asset value of your property is an interest, avoid the right of succession, the application of French, but is not to avoid inheritance applies when the French law.

AnotherPossibility is the property in his name only – but you would need a careful thought to the consequences, give it, and if they can reach your goals in relation to the distribution of the death of the owner.

Once you are well prepared to follow the best option, you're right to think like the French inheritance tax.

French inheritance tax is calculated by reference to your beneficiaries and the tax is due, not from the beneficiariesfrom the crowd. Each receiver has an allowance of bandwidth equal to zero and the amount depends on the ratio of beneficiaries to the deceased person. Your children have to reduce to zero the volume of shares of € 156,974 (all figures here for 2010), while the step children inherit directly from you only a grant of € 1570. The tax rate for your children is calculated on a scale from 5% to 40%. A flat rate of 60% will apply to stepchildren. It 'important to understand howinheritance tax laws apply, as you may be able to structure your affairs to minimize the tax burden for your beneficiaries.

This is a complete exemption for transfers between spouses on death.

You should also think about your Wills at the time of purchase. If you do not have a deployment of a French property then your wife would be entitled only to a quarter share your interest in the property obtained. If you have a further increase will be covered andInterest it receives, giving her a choice from a range of options of inheritance, a being, a life to take part – a usufruit – more of your share. This can be particularly useful because they can give their exclusive use of the case, avoiding a 60% duty for the transfer step to step-parents and child – and could be useful to establish equal inheritance of property among children (for example. When you get to have two children.) It is essential to obtain advice on the prosand disadvantages usufruit one, though.

Although one in your home country may be recognized in France, can not ignore the application of French inheritance law, and in many cases it may be advantageous to be a French party.

Your counselor should focus on the laws of both countries in the world and travel guide in France, so that your business structure for your benefit.

The common law is the collection of rules defined themes of future generations will judge in the King's Courts in all matters of contract and all matters of civil injustice, between the king. This is still the case, as Jamaica real estate market still falls under the control of the king of England.

The law in medieval times was a relatively hard. Every action in the courts of the king was to be started with a quote. Today, it is easy to obtain and to issue a warrant. InBeginning of the story, however, the application almost a magician formula. If false, the self-styled militant, complained one, formerly the judges did not question at all was obtained had been recognized. This limitation can be illustrated as follows:

B Suppose that a complaint had thrown a piece of wood over the garden wall in a street hit on the head, one could obtain application from "Trespass" and his action was initiated. If the complaint has happened aB is the protocol thrown over a few hours before, and A is the dark, he had seen, stumbled over him and broke his leg, could not receive a claim of trespass, because this act was caused only indirectly .

So one should go away without treatment. There was of course a number of different orders, Some other very much, so it is an additional risk that the contenders could even if a court order that the mistake can be fatal to his claim Would get managed.Even assuming, however, that its application on the correct field to begin its mandate has not been artificially smooth.

The current procedure in actions in the royal courts used was very strict and formal. Each step of the procedure were omitted or was incorrectly actions of the applicant, in the absence of results performed. It 'was necessary, so that for a system less rigid in its application of this common law. Normally, when instances such as Jamaica Property for SaleKingston in an auction may appear to stop the proceedings and all transfers of title.

There are further disadvantages of the common law is available in connection with the appeal. Common law the only way was recognized damages: it is assumed that there were no injuries, a sum of money not enough to compensate the plaintiff. Now, the vast majority of the shares of this might be true, but if my neighbor a tannery at the bottom of my notesGarden. I may be more concerned to prevent him from continuing the offensive smell to be the necessary concomitant of tanning appear as required to obtain a sum of money from him.

Although sales for the execution of a contract for a valuable piece of land, B, B may be more interested in the land in return for A breach of contract denied. In both of these facilitated the common law remedy of damages is inadequate and what is really needed is a method of preventionmy neighbor to keep the load in case of first and second cases, the strength of one hand over the land on payment of the price of B.

One can understand now that it was common law system very rigid and disadvantages outweigh the benefits. This process is hampered such as real estate auctions in Kingston Jamaica.

?By the end of the whole ordeal we had just literally drowned ourselves in paperwork ? why why why did we not just leave it to the professionals?? ? Martine James.

As Martine is acutely aware, buying or selling your house can be a real headache especially when it comes to the legal paperwork you are responsible for organising. Some home owners try to do it alone, but most turn to a solicitor or professional online conveyancing expert. A licensed conveyancer is particularly qualified to do this manner of legal work on your behalf ? and hiring one may well be the wisest decision you make for the sale or purchase of your house.

Personal Solicitor or Professional Online Conveyancing?

When buying a new TV, do you want advice from the guy who has to worry about TVs, Videos, Computers and everything else ? or do you want the TV specialists? This crucial decision can result in your conveyancing process being hassle free or only the start of a legal nightmare. Go for the pros; professional online conveyancing companies provide solicitors who specialise in helping you buy or sell your home at the best price for you and they take care of the searches, surveys and all manner of complications that you would otherwise need to worry about yourself. It really is the best of both worlds.

The Nitty-Gritty of Home Buying/Selling

As those with experience know ? buying or selling a house can be fraught with potential traps. Are you sitting on a coal mine? Is the government about to build a new road across your front porch? Is Tesco?s about to open up the latest superstore next door? A professional online conveyancing team can answer all these questions for you ? without you having to lift a finger. They also manage the survey of the house for you, so if you?re buying and want to know what repairs might need doing (in order to renegotiate that final ten thousand!) they will find out for you.

By default, and by law, not all searches are required to be undertaken. Your lender will insist that your professional online conveyancing specialist does a drainage search, to check if waste water drains into the public sewers or into a private sewer. They may also insist that a land registry check be undertaken to ensure the property in question hasn?t changed hands. Finally, a land charges search will check that you?re not bankrupt. Professional online conveyancing solicitors do the additional checks for you ? to cover all the angles.

Handling the Changeover

Professional online conveyancing solicitors can handle things for you right up to, and sometimes beyond, the moment you walk into your new house. They will communicate with the other party?s solicitor and arrange a handover date and completion date. If you like, they can even handle the last minute negotiations for you.

?Once I finally convinced Mark to hire a professional, things instantly picked up. We?ve been able to concentrate on the things that matter to us and leave the legal complications to the professional online conveyancing people.? ? Martine James.

Rapid Conveyancing making house moving simple. For more information, please visit http://www.rapidconveyancing.co.uk

Intellectual Property is the product of your thinking that can be used for commercial value. In other words, you think of a song and write down the words ? you have the legal right to prevent others from copying or making a song based on your lyrics. This right you have can make you money if someone is willing to pay you for your song. Maybe your boss asked you to write a computer program. Who owns the work? You may have designed a new mouse trap and have the design on computer. Or you have created a distinctive logo for your company. But Intellectual Property goes deeper than songs or even copyrights. Let?s examine the four main areas of Intellectual Property law: Trade Secrets, Copyrights, Trademarks and Patents.

Trade Secrets
Trade secrets give the owner a competitive edge. If some information has value to competitors and they don?t know about it ? then it?s a trade secret. If the information was not kept reasonably safe (secret) then it?s not a trade secret. Trade secrets may be sold with the business or stolen from bad employees. Maybe a former employee didn?t sign a non-disclosure statement before going to work at the competition. Some also reverse engineer software to gain the source code. This highly protected source code for computers is their trade secret, giving them an advantage over the competition. The trick is you have to keep your trade secrets as such, secrets.

Copyrights
Copyrights protect all kinds of writing by singers, writers, programmers, artists, etc? These are the best known of all intellectual property. Registering with the US Copyright office can enhance the automatic protection. You must have your copyright material on paper, tape, or computer. Copyright protection applies to the ?literal expression.? It doesn?t protect the ?underlying? theme of the writing. It must have some creativity. You can?t copyright a simple list. You don?t actually have to have a copyright notice since March 1st, 1989. The recommended notice is ?copyright? year author?s name. For example, this article will have a copyright. Copyright 2005 Stuart Simpson. But it is not necessary.

Trademarks
Trademarks must be a unique name, design, symbol, logo, color, container, etc?that businesses use to distinguish their goods from others in the same market. You should have a strong name for a mark, as common words receive less protection. Like Stuart?s Cold Ice Cream Company. My name and the descriptive term (cold) are weak marks. But a distinctive name like Netflix, is a strong mark. Netflix is technically a ?service? mark. It falls into the same category as trademarks. Your trademark must be submitted to the US Patent and Trademark Office (PTO). But first, the mark must be put into use ?in commerce that Congress may regulate.? This means you have to sell across state lines or have a business that caters to interstate or international travelers. After you do this, you can file another form to show the mark is actually being used. The PTO checks for similar marks. You can?t use the circled R just yet. You can only use this if your logo or mark has been registered.

Patents
Patent law gives inventor of new and special invention the right to use this invention for a fixed period of time. The US Patent and Trademark Office (PTO) must find that the invention qualifies for patent protection. Your invention has to be new and novel, not obvious. What do you do with a patent? Normally, the inventors get a license agreement with a company to produce the product for a period of time. In exchange, the company pays the inventor royalties for each item sold.

Intellectual property goes further in depth on each of these items. I wanted to give you a brief description to help broaden your knowledge base when writing, creating or inventing. If your work falls into one of the above categories, do more research. I will be writing on each specific area in the future.

2005 Copyright Stuart Simpson

http://www.patent-review.com But do I really have to say copyright?

Depending on the circumstance, a model or property release may not be legally necessary. But getting one never hurts and it may help. It may make some people think that they can’t sue you (they can, even if their cause of action is bogus). If they do sue you, having a release may shorten the litigation and it could help you win. Even when you win, though, your defense fees can be costly.

In those situations when a release is not required, other legal issues may be presented when photographing a person, an animal or other property. These include trespassing, trademark, false light or invasion of privacy. All of this can get confusing. That’s also why it’s dangerous to take anecdotal advice.

For example, if one person has a fashion shoot in a national park and needs a permit, it does not mean that all professional photographers who shoot in a national park need a permit. While some stock agencies may require a property release for an animal photo, it does not mean that it’s legally required. It means that they are being cautious in this litigious society.

I recently photographed some huskies at a public park. I wasnt trespassing on public property, the dogs are not trademarked and I did not misrepresent them (also known as false light) in my photos. Further, since animals don’t have privacy rights like humans do, I did not need to get a model or property release from their owner. But I got one anyway. I asked the owner in writing for permission to use the photos. I did that that only to keep the owner from getting upset and to avoid any hassle with a stock or advertising agency.

What is often practical is not always legally required. To figure out the differences and to make the best decisions about what to do, talk to an attorney to discuss your particular situations.

Take my advice; get professional help.

PhotoAttorney

Copyright 2005 Carolyn E. Wright All Rights Reserved

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In general, if property is visible and can be photographed from a public place, you dont need a property release to use the image in any manner. This exclusion to copyright law includes buildings located on the property, but not statues or other items that may have separate copyrights. There also are restrictions on some governmental property for security purposes, such as federal seals and insignia, and military or nuclear installations. But if the statue or copyrighted item has minimal presence in your image, your photo still may fall under the exclusion. Otherwise, you must get permission to use the image for commercial purposes.

Nevertheless, some companies have tried to prevent the use both commercially and editorially of photographs of their buildings or objects via trademark protection or contract law. Examples include the Rock and Roll Hall of Fame, the lone Cypress tree at Pebble Beach, CA, and the Hollywood sign. While these attempts have been unsuccessful, they can be expensive to litigate. Is it worth it to you to spend thousands of dollars to test this issue? Thats a choice youll have to make.

If you want to avoid this battle, though, check the list of properties and objects collected by the Picture Archive Council of America that have been reported by its members to be allegedly protected. http://www.stockindustry.org/resources/specialreleases.html

On the other hand, photographers should protect their rights, too. Dont be intimidated from photographing what is within your legal rights. Check with an attorney to fully understand and exercise your privileges.

Take my advice; get professional help.

PhotoAttorney

Copyright 2005 Carolyn E. Wright All Rights Reserved

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Want to buy an acre on the Moon? Perhaps a stunning Carpathian Mountain vista which overlooks the famous Copernicus Crater? Youre in luck. Dennis Hope of the extraterrestrial real estate firm, Lunar Embassy, is selling one acre parcels for just $19.99. And should you happen to splurge and become the proud owner of some prime lunar real estate, then I would like to sell you a piece of the Brooklyn Bridge.

Never mind that Mr. Hope has never set foot on the lunar surface. According to the Lunar Embassy website, current space laws serve only to prohibit nations from appropriating the Moon, Mars, and other celestial bodies, leaving private individuals and entities free to claim legal ownership on a first-come, first-served basis. But dont load-up the wagons quite yet.

The 1967 Outer Space Treaty (OST), described by some as the Magna Carta of space law, is the primary document which governs outer space activities. It is best known for the common heritage concept which turns outer space into a gigantic commons for the benefit of all mankind. Much like the common areas of homeowners and condominium associations, outer space can be used by all of mankind. But as to ownership rights, Article II of the OST prohibits national appropriation of outer space, including the Moon and other celestial bodies, by means of use, occupation, or otherwise.

In a common law society, if a country cannot claim sovereignty over outer space or a celestial body, then it is impossible for that same country to confer outer space property rights to a private individual or enterprise. As a matter of principle, a private individual or enterprise cannot do what the country that it belongs to cannot do.

A conflict arises, however, when use begins to look and feel like appropriation the acquisition of property with the intent of ownership. Take President Bushs initiative to build a lunar base to serve as a platform for future missions to Mars. The United States will obviously pick the best location on the Moon to build the base and will occupy this location on a first-come, first-served basis. No other country or private enterprise will have access to the land underneath the base for as long as it is operational. Although the United States cannot claim legal ownership to the land underlying the base, some will question whether their use is really a de facto territorial claim. When a nation operates a facility in one particular location for an extended period of time, the end result becomes indistinguishable from territorial sovereignty.

If a private enterprise were to construct a permanent housing project on the Moon, the same challenge could be made that their use is also a de facto territorial claim to the underlying land. But if the homes were designed to move from location to location, like a mobile home, then the challenge would have less credibility. The mobile home would be treated as personal property, like a car or boat, instead of real estate which generally signifies land ownership.

Constructing condominium or office units in free space and allowing these units to orbit Earth would also lessen the chance of a de facto territorial claim. The private enterprise responsible for their construction would still retain ownership over the units, but like all objects launched into outer space, the nation of registry would retain legal jurisdiction under Article VIII of the OST. If, for example, the nation of registry for each unit was the United States, the laws of the United States would preside over each unit and its occupants.

The private enterprise could finance the project in advance by selling space to private individuals and corporations. The inhabitants would hold title to their living or work space (much like holding title to a mobile home) and pay a monthly fee for life support and maintenance. It goes without saying that the marketability of such units would depend upon a reliable means to ferry occupants to and from Earth on a regular basis.

Once established, however, the list of potential buyers could include pharmaceutical companies, tech manufacturers, time-share moguls, casinos, and even financial institutions seeking various nations of registry that have favorable tax laws. Imagine a tax haven in outer space. Numerous offshore banks and asset protection corporations would be clamoring for office space.

The opportunities to make money in outer space are certainly real and should begin to evolve in the not so distant future. But until the popular real estate adage, location, location, location, incorporates space jargon like prime orbital track, picturesque craters, and oceans without water, keep your $19.99 firmly in hand.

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Intellectual Property is the product of your thinking that can be used for commercial value. In other words, you think of a song and write down the words you have the legal right to prevent others from copying or making a song based on your lyrics. This right you have can make you money if someone is willing to pay you for your song. Maybe your boss asked you to write a computer program. Who owns the work? You may have designed a new mouse trap and have the design on computer. Or you have created a distinctive logo for your company. But Intellectual Property goes deeper than songs or even copyrights. Lets examine the four main areas of Intellectual Property law: Trade Secrets, Copyrights, Trademarks and Patents.

Trade Secrets
Trade secrets give the owner a competitive edge. If some information has value to competitors and they dont know about it then its a trade secret. If the information was not kept reasonably safe (secret) then its not a trade secret. Trade secrets may be sold with the business or stolen from bad employees. Maybe a former employee didnt sign a non-disclosure statement before going to work at the competition. Some also reverse engineer software to gain the source code. This highly protected source code for computers is their trade secret, giving them an advantage over the competition. The trick is you have to keep your trade secrets as such, secrets.

Copyrights
Copyrights protect all kinds of writing by singers, writers, programmers, artists, etc These are the best known of all intellectual property. Registering with the US Copyright office can enhance the automatic protection. You must have your copyright material on paper, tape, or computer. Copyright protection applies to the literal expression. It doesnt protect the underlying theme of the writing. It must have some creativity. You cant copyright a simple list. You dont actually have to have a copyright notice since March 1st, 1989. The recommended notice is copyright year authors name. For example, this article will have a copyright. Copyright 2005 Stuart Simpson. But it is not necessary.

Trademarks
Trademarks must be a unique name, design, symbol, logo, color, container, etcthat businesses use to distinguish their goods from others in the same market. You should have a strong name for a mark, as common words receive less protection. Like Stuarts Cold Ice Cream Company. My name and the descriptive term (cold) are weak marks. But a distinctive name like Netflix, is a strong mark. Netflix is technically a service mark. It falls into the same category as trademarks. Your trademark must be submitted to the US Patent and Trademark Office (PTO). But first, the mark must be put into use in commerce that Congress may regulate. This means you have to sell across state lines or have a business that caters to interstate or international travelers. After you do this, you can file another form to show the mark is actually being used. The PTO checks for similar marks. You cant use the circled R just yet. You can only use this if your logo or mark has been registered.

Patents
Patent law gives inventor of new and special invention the right to use this invention for a fixed period of time. The US Patent and Trademark Office (PTO) must find that the invention qualifies for patent protection. Your invention has to be new and novel, not obvious. What do you do with a patent? Normally, the inventors get a license agreement with a company to produce the product for a period of time. In exchange, the company pays the inventor royalties for each item sold.

Intellectual property goes further in depth on each of these items. I wanted to give you a brief description to help broaden your knowledge base when writing, creating or inventing. If your work falls into one of the above categories, do more research. I will be writing on each specific area in the future.

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