November 3, 2016
by Raleigh Lawyer
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Works Protected by Copyright, continued

Welcome back. We are here to talk more about copyright and the works that it protects. If you missed our previous blog, be sure to visit back. Below, you’ll find a quick recap of all works protected by copyright.

Copyright Protection | Copyright Lawyer Raleigh NC

 

Almost any form of expression could qualify as a tangible medium that would be eligible for copyright protection. The U.S. Copyright Office lists the following as works that can be protected:

  • Literary works
  • Musical works, including any accompanying words
  • Dramatic works, including any accompanying music
  • Pantomimes and choreographic works
  • Pictorial, graphic, and sculptural works
  • Motion pictures and other audiovisual works
  • Sound recordings
  • Architectural works

The categories are broad and can include novels, plays, poetry, songs, artwork, sculptures, computer software or applications and drafts of buildings. Some works may fall under more than one category, such as a drawing of a building. A musical play that includes dance could fall under both the musical and choreographic categories.

The work does not have to be published in order to qualify for a copyright but it does need to have been recorded in some form, whether on paper, as an audio recording or broadcast. If you have written a book but it has not been published, you can still register for a copyright for protection against someone else using it or claiming it as their own. However, if you give a speech that you did not write down beforehand, or have it recorded as you spoke, then it is not eligible for a copyright because it is not available in a tangible form.

Copyright protection does not include lists of parts or ingredients. For instance, a recipe can only get a copyright if it is more than just a list of ingredients. It must include an explanation and directions, or perhaps a story. If you want to copyright a recipe that has a secret ingredient or method of preparation, remember that copyrights are public record so it may not stay a secret for long.

It also does not cover facts, systems, slogans, typography, or methods of operation. If you have a slogan or phrase you want to have exclusive rights to, you may be able to get a trademark for it. If you have a design or logo that is an original creation, you may qualify for a copyright. You can contact an attorney who knows about intellectual law and can help you determine if you need a copyright or a trademark.

Copyright protection is not available for work such as tape measures, rulers, calendars, height and weight charts or other things that are considered common property and have no original author. It is also not available for names, even if you are the only person in the world with that name.

Klish and Eldreth | Copyright Lawyer Raleigh NC

It’s easy to make mistakes when it comes to copyrighting works and making sure you don’t infringe upon someone elses work.  Don’t allow those mistakes to create problems for you in the future. Contact us for more information about our infringement services provided by our copyright lawyer in Raleigh NC, and other services that may be of use to you or someone you know.

November 1, 2016
by Raleigh Lawyer
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Works Protected by Copyright

A copyright gives someone legal rights to the work that he or she created. The work is considered intellectual property but it has to be in a tangible form. It cannot just be an idea. It must be written or otherwise recorded in order to secure a copyright. It also has to be an original work. Below, our copyright lawyer in Raleigh NC talks more about the matter. 

Protected Copyright Works | Copyright Lawyer Raleigh NC

Sometimes the works that can be protected by a copyright are hard to determine, especially if the work uses common phrases or facts, or if it is similar to another work. As long as the work is not directly copied from someone else, it can be protected with a copyright.

Almost any form of expression could qualify as a tangible medium that would be eligible for copyright protection. The U.S. Copyright Office lists the following as works that can be protected:

  • Literary works
  • Musical works, including any accompanying words
  • Dramatic works, including any accompanying music
  • Pantomimes and choreographic works
  • Pictorial, graphic, and sculptural works
  • Motion pictures and other audiovisual works
  • Sound recordings
  • Architectural works

The categories are broad and can include novels, plays, poetry, songs, artwork, sculptures, computer software or applications and drafts of buildings. Some works may fall under more than one category, such as a drawing of a building. A musical play that includes dance could fall under both the musical and choreographic categories.

Copyrighted works are protected so that others cannot use them in their own work, reproduce them, share them, or make alterations to them. For example, when an author copyrights his novel, poem, or other written work, he has the right protect that work and prevent others from using it or making changes to it. If that protection is violated, the infringer may be facing legal action and fines.

For more information about works protected in copyright, be sure to visit back with our blog soon. Our copyright lawyer in Raleigh NC will offer more, in hopes to help you better understand this legal matter.

Klish and Eldreth | Copyright Lawyer Raleigh NC

Sometimes, infringement may be committed unwillingly as writers don’t mean to violate the copyright on a novel that they read years ago. To ensure that you do not accidentally infringe, it may be best to allow your entertainment lawyer to read over your written work before you publish it. Klish and Eldreth, PLLC, will be glad to read your work and help ensure you are not violating any intellectual property laws.

It’s easy to make mistakes. Don’t allow those mistakes to create problems for you in the future. Contact us for more information about our infringement services provided by our copyright lawyer in Raleigh NC, and other services that may be of use to you or someone you know.

 

October 31, 2016
by Raleigh Lawyer
Comments Off on Guardianship in Estate Planning, continued

Guardianship in Estate Planning, continued

Welcome back. We are here to talk more about guardianship and estate planning in Cary NC. Sometimes, we don’t consider the two as equally important. However, they are. Below, you’ll find more information about understanding them.

Guardianship and Estate Planning in Cary NC

The second application is with a grantor’s children, grandchildren, or minor beneficiaries. If a child’s parents die, the issue arises as to whom takes control of the child. The court should always have final say. This is due to the fact that the court will make sure they rule in favor of the child’s best interest.

However, there is a law that states the court shall give considerable deference to a parent’s guardianship nomination in that parent’s Last Will. Therefore, if Janice would prefer that her child goes to her level-headed sister, instead of Janice’s kooky father, then she should have a Will with the guardianship provision (otherwise, Janice’s father will most likely have priority).

Guardianship is different than child custody, in that guardianship (for minors) typically involves when there’s no living parent, whereas custody deals more with living parents or family members fighting over a child due to an estranged relationship.

In another situation, families can protect their incompetent adult relative by establishing a guardianship. In this case, the incompetent adult can no longer care for themselves. If you need assistance with this situation, please consider contacting our estate lawyer in Cary NC for help.

Klish and Eldreth | Estate Planning in Cary NC

When creating an estate plan, we can factor in what may happen, as aging occurs. Planning to have someone specific take care of us, our spouse or children in the event of an untimely death or incapacitation is key. This can ensure protection so that wishes are carried out even when we are no longer able to express ourselves.

If you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our estate lawyer in Cary NC can  help you get an estate plan and necessary documents in order and ready. That way, if you should you pass in an untimely manner or become incapacitated at some point, your assets will be protected and a guardian of your choice can be appointed. It’s better to be safe than sorry when it comes to estate planning. Contact our office, and get started now.

 

October 31, 2016
by Raleigh Lawyer
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Guardianship in Estate Planning

Guardianship in estate planning in Raleigh plays two important roles. It’s important to understand why. Today, we will talk about this, focusing on Powers of Attorney, as well as protecting children, grandchildren, and any other potential minor (non-adult) beneficiaries.

Guardianship in Estate Planning in Raleigh NC

By creating Durable Powers of Attorney for financial care and Health Care Powers of Attorney for medical assistance, in the event that the grantor becomes incompetent, his Power of Attorney will be able to make important decisions in the grantor’s stead. If, by chance, someone gets hurt and needs IRA monies to pay for expenses, then a Durable Power of Attorney can liquidate the IRA to obtain that money. Additionally, if someone is in an accident and a doctor needs permission to perform a critical surgery, the Health Care Power of Attorney can make such decision on behalf of the grantor.

If a person doesn’t have a Durable Power of Attorney or a Health Care Power of Attorney, then there is legally no person that can. People are often mistaken that a spouse or children get to make these decisions. But legally, no person can except for a Power of Attorney OR a guardian.

If someone does not appoint a Power of Attorney, therefore an adult child client is unable to help an incompetent parent financially or physically. It should, at that point, become up to the court to appoint a guardian. By having the Powers of Attorney, this process shouldn’t be necessary.

To learn more, visit back with our next blog post. Also contact our lawyer in Raleigh NC with any questions you may have.

Klish and Eldreth | Estate Planning in Raleigh NC

When creating an estate plan, we can factor in what may happen, as aging occurs. Planning to have someone specific take care of us, our spouse or children in the event of an untimely death or incapacitation is key. This can ensure protection so that wishes are carried out even when we are no longer able to express ourselves.

If you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our lawyer in Raleigh NC can  help you get an estate plan and necessary documents in order and ready. That way, if you should you pass in an untimely manner or become incapacitated at some point, your assets will be protected and a guardian of your choice can be appointed. It’s better to be safe than sorry when it comes to estate planning. Contact our office, and get started now.

 

October 29, 2016
by Raleigh Lawyer
Comments Off on Freshen Up Your Estate Plan This Fall! continued.

Freshen Up Your Estate Plan This Fall! continued.

Welcome back. Our estate lawyer in Cary NC is here to talk more about how you should go about keeping your will and estate plan updated in case major life changes have occurred. It’s important to update every five years, even if there aren’t any changes. All changes should be made immediately, or at least less than six months after they’ve happened. Below, you’ll find more tips to help you choose when its time to see our lawyer and make changes.

Fall Estate Planning Updates | Estate Lawyer Cary NC

Prepare a Durable POA.

Reviewing and updating your choice for Durable Power of Attorney should be done at least once every five years. If you have changed your choice for this role, update your plan immediately after making that decision. A Durable POA  can allows another person to manage your finances and other day-to-day tasks. Should you become incapacitated or incompetent at some point, this document will come into play. Not having one in place might result in your loved ones encountering multiple obstacles in protecting your interests.

Chose a guardian for minors or children that are special needs.
Even if you are married, it may be important to choose someone to take care of your children should you pass away before they become adults. Otherwise, a court might end up making this decision without your input. To set up a guardian in your will, contact our estate lawyer in Cary NC at the law office of Klish and Eldreth.

Estate planning in Cary NC is one of the most important parts of life that often times get overlooked. If you’ve yet to begin planning or haven’t updated in a while it might be time to think about doing so.  Just contact our lawyer to begin estate planning, today. As always, for more information from Klish and Eldreth, PLLC be sure to visit back with us, soon! If you have any questions, contact us concerning any and all estate planning concerns!

Klish and Eldreth, PLLC

Are you looking for an estate lawyer in Cary NC?  Contact Klish and Eldreth, PLLC to schedule a consultation with us to get started with your estate plan. We are here to help you with all your legal matters, whether it be estate planning, trademarking, copyrighting, or DWI issues.