Tuesday, May 29, 2012

CHEXSYSTEMS REMOVAL, A FREE GUIDE!

How to Get Out of ChexSystems Quickly ChexSystems is an association of financial institutions that network together in order to develop a database that maintains the records of mutually unwanted customers. To make sure that only financially responsible individuals open up checking accounts at member institutions, these banks report on customers who demonstrate poor financial management skills. When a customer’s checking account is closed due to demonstrated mismanagement, then he or she is reported to Chex Systems. Once done, the customer will have a very difficult time opening up an account at any other financial institution partnered with Chex Systems for the next five years. You can contact Chexsystems at: ChexSystems Consumer Relations 7805 Hudson Road Suite 100 Woodbury, MN 55125 Ph: (800) 428-9623, (800) 513-7125 *NOTICE* – We are not lawyers, and nothing contained here should be construed as legal advice! We can only offer our educated opinions. If you need legal advice, please contact a lawyer. Step 1: Go to the ChexSystems official website at ConsumerDebit.com and request a copy of your ChexSystems report. By law, they are required to send you a free copy. Step 2: After you receive it, make a copy of letter # 1 listed below, editing your own personal details where necessary. Place the letter into an envelope and go to the post office. *IMPORTANT* – You must send the letter you copied below via CERTIFIED MAIL, with a return receipt requested. This will not only ensure its delivery, but you will have a documented time of when it was received. This is very important because ChexSystems is governed by the FAIR CREDIT REPORTING ACT as a consumer reporting agency. By law, they have to investigate and verify any disputed information within 30 days. If they fail to respond or verify your information, all disputed information MUST be removed. Almost all times, they fail to do so within 30 days, and your information must be DELETED! If they do send you a letter verifying your disputed information within 30 days, then the next step is to send Letter # 2 below. If they fail to respond to your initial letter within 30 days, go ahead and send Letter # 3 below. If your information is verified, or you do not hear back within 30 days, you should ALSO send letter # 4 at this time, which should be mailed to the original bank that reported you to Chexsystems. Please be sure to read our additional notes as well, located after the sample letters below. Printing the letters: Copy and paste each letter into a word processor like Microsoft Word. Then make the changes necessary to personalize it. Note that there is a section at the bottom of each letter that says “cc: enter attorney’s name here”. I did not have an attorney, as I represented myself, however I did add a made up attorney name here to let them know I was a little more serious than the average Joe. Feel free to do this at your discretion. Letter # 1 (This is Your Original Dispute with ChexSystems) Your Name Your Address ChexSystems Consumer Relations 7805 Hudson Road Suite 100 Woodbury, MN 55125 Date RE: Consumer ID # (your consumer ID # here) Dear Collections and Consumer Relations Dept.: I have recently been informed that there is negative information reported by (name of bank) in the file ChexSystems maintains under my Social Security number. Upon ordering a copy of the report, I see an entry from this bank listing a “(condition such as NSF)” in (month/year). I am unaware of ever having a “(same as condition above)” from this bank. Please validate this information with (name of bank) and provide me with copies of any documentation associated with this “(same condition as above)” bearing my signature. In the absence of any such documentation bearing my signature, I ask that this information be immediately deleted from the file you maintain under my Social Security number. My contact information is as follows: Your Name (printed or typed, not signed) SSN Address Cc: (insert lawyer’s name here), Esquire Letter # 2 (Send this 2nd letter if you receive a letter back from Chexsystems within 30 days, saying your account was verified as “legitimate” by ChexSystems) Your Name Your Address ChexSystems Consumer Relations 7805 Hudson Road Suite 100 Woodbury, MN 55125 Date RE: Consumer ID # (your consumer ID # here) Dear Collections and Consumer Relations Dept.: This letter is in response to your recent claim that (Name of Bank) has verified that I have an unpaid debt with them. Yet again, you have failed to provide me with a copy of any viable evidence submitted by (Name of Bank). Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested, to be provided within fifteen (15) days of the completion of your re-investigation. Additionally, please provide the name, address, and telephone number of each person contacted at (Name of Bank) regarding this alleged account. I am formally requesting a copy of any documents provided by (Name of Bank), bearing my signature, showing that I have a legally binding contractual obligation to pay them. A bank clerk looking at their computer screen, seeing my name listed in their database is NOT verification or validation of any alleged debt. Be aware that I am making a final goodwill attempt to have you clear up this matter. The listed item is entirely inaccurate and incomplete, and represents a very serious error in your reporting. Failure to comply with federal regulations by credit reporting agencies are investigated by the Federal Trade Commission (see 15 USC 41, et seq.). I am maintaining a careful record of my communications with you for the purpose of filing a complaint with the FTC and the state of Texas Attorney General’s office, should you continue in your non-compliance. I further remind you that, as in Wenger v. Trans Union Corp., No. 95-6445 (C.D.Cal. Nov. 14, 1995), you may be liable for your willful non-compliance. Failure on your behalf to provide a copy of any alleged contract or other instrument bearing my signature will result in a small claims action against your company. I will be seeking $5,000 in damages for the following: 1.) Defamation 2.) Negligent Enablement of Identity Fraud 3.) Violation of the Fair Credit Reporting Act My contact information is as follows: Your Name (printed or typed, not signed) SSN Address Cc: (insert lawyer’s name here), Esquire Letter # 3 (Send if ChexSystems fails to respond to letter # 1 within 30 Days – instead of sending them letter #2) Your Name Your Address ChexSystems Consumer Relations 7805 Hudson Road Suite 100 Woodbury, MN 55125 Date RE: Consumer ID # (your consumer ID # here) Dear Collections and Consumer Relations Dept.: As I have not heard back from you in over 30 days regarding my notice of dispute dated (date your letter was sent), I must presume that no proof in fact exists. You have thirty (30) days from receipt of this notice to respond. Your failure to respond, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you are reporting my name and social security number in error, and that this matter is permanently closed. Your continued silence is unacceptable. You must either provide the proof or correct the record to remove the invalid entry from my ChexSystems file. You are currently in violation of the Fair Credit Reporting Act. Failure to respond within 30 days of receipt of this certified letter will result in a small claims action against your company. I will be seeking $5,000 in damages for: 1.) Defamation 2.) Negligent Enablement of Identity Fraud 3.) Violation of the Fair Credit Reporting Act For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. My contact information is as follows: Your Name (printed or typed, not signed) SSN Address Cc: (insert lawyer’s name here), Esquire Letter #4 – (Send to the bank that reported you to ChexSystems) Date Your Name and Address Name and Address of original bank Re: Acct # 000-000-000-000 To Whom It May Concern: This letter is regarding account # (insert # here), which you claim (insert condition here, such as “I owe $200.00″). This is a formal notice that your claim is disputed. I am requesting validation, made pursuant to the Fair Debt Collection Practices Act. Please note that I am requesting “validation”; that is competent evidence bearing my signature, showing that I have (or ever had) some contractual obligation to pay you. Please also be aware that any negative mark found on my credit reports (including ChexSystems credit reports) from your company or any company that you represent for a debt that I don’t owe is a violation of the Fair Credit Reporting Act; therefore if you cannot validate the debt, you must request that all credit reporting agencies delete the entry. Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports. Failure to respond within 30 days of receipt of this certified letter will result in legal action against your company. I will be seeking a minimum of $5,000 in damages for: 1) Defamation 2) Negligent Enablement of Identity Fraud 3) Violation of the Fair Credit Reporting Act For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. My contact information is as follows: Your Name (printed or typed, not signed) SSN Address Cc: (insert lawyer’s name here), Esquire Additional Info It is your legal right to dispute any item on your credit report, for any reason. If documented proof that discredits your dispute isn’t provided within 30 days, it MUST be removed by law. This is why it is so important to send the dispute form via certified mail. Not only to insure its delivery, but to have documented time of when it was sent. The above letters should permanently remove your listing with ChexSystems, but in unique cases may only remove your name for a period of a few days. Our advice is as soon as ChexSystems sends a letter to you saying that you have been removed, GO AND OPEN A FEW CHECKING ACCOUNTS IMMEDIATELY. This is because the bank may verify your negative information a little after the required 30 day period. If this happens, your information will be deleted after 30 days, then re-inserted a few days later. Working Directly with the Bank that Reported You After you have sent letter # 4 to the bank that reported you to Chexsystems, within 30 days, they must send you proof that you violated some sort of contract with them by maintaining a negative balance for too long, or writing a bad check, etc. Proof must be in the form of something tangible, which is indisputable. An example would be them providing a copy of original contract you signed when you opened the bank account, with your signature. IMPORTANT: Even if the bank does verify with indisputable evidence that you did fail to bring your account to a positive standing, or that you owe them money, they are STILL required by law to report to ChexSystems that you have formally disputed the information in your ChexSystems file from this bank. THEY NEVER DO. – And this my friend, is your guaranteed way out of Chexsystems. What you will need to do is request your Chexsystems report again, from ConsumerDebit.com exactly 30 days after your letter is received by the bank. (and you will know the exact day they received it because you sent it certified mail). Now look at your updated Chexsystems report and see if the bank has added a note on your report stating “Consumer disputes as per FCRA”. If they didn’t, you have them in a violation of the Fair Credit Reporting Act, Section 623. Now they have broken the law and its game over for them. Remember, you aren’t doing anything illegal here. You are simply using the laws to your advantage. Whether or not the debt is truly yours is irrevelant. The banks and Chexsystems are required by law to report clearly and accurately, and in a timely fashion. However, they are overwhlemed with so many complaints, calls, letters, etc. that they cannot keep up the time frames required by federal law. Next, send a simple letter to the bank, letting them know you intend to sue them within 30 days unless they delete all record of the entire debt, and remove you from Chexsystems, in exchange for you dropping the suit. If they do not respond to your liking, or do not respond at all, simply take them to Small Claims court, which only costs around $20. When they are served notice of a court date, they will settle 99% of the time over the phone because they do not have the time or money to waste by sending a lawyer to appear in court on their behalf for one measly customer and a debt of a few hundred dollars. If they do miraculously decide to appear in court, you will win anyway, because you are not saying you don’t owe the debt, you are suing them for violating the Fair Credit Reporting Act, which they in fact did. – I know this to be a fact because I did go to court and WIN this way! Always proof read your letters -It would be a little embarrassing to send a letter that still had some of our notes on it, not to mention the fact that they probably wouldn’t take you seriously. Summary You should know that ChexSystems is a consumer reporting agency, just like Equifax, Experian, and Trans Union. Therefore, you are protected by the Fair Credit Reporting Act (FCRA) and the Fair Debt Collection Practices Act (FDCPA). Section 623(a)(3) of the Fair Credit Reporting Act: § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a) (3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. Section 807(8) of the Fair Debt Collection Practices Act: § 807. False or misleading representations [15 USC 1962e] (8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. Typically, you can sue for up to $1,000 per violation of the above laws. Taking Chexsystems to Small Claims Court If you’ve taken all of the above steps, with unfavorable results, you still have one, VERY POWERFUL final resort. The final method is to file small claims suits against ChexSystems. Don’t worry! It is much easier than it sounds. Most of the time they won’t even put up a fight! They will settle. They will not show up in court. Not only will they delete your record, sometimes they will actually pay you a cash settlement. After all, they benefit nothing by reporting your negative information. When they are threatened financially, they usually settle for removal in exchange for you dropping the suit. And remember, filing a small claims suit only costs around $20. Don’t forget, if the original bank failed to validate and show proof of a debt to YOU, how could ChexSystems possibly be verifying these debts!? They can’t. This is because they verify the debts by contacting a $7 per hour clerk at the bank who says, “Yes, I see the debt listed on our computer.” They consider that “verification”. But the courts do NOT consider that proper verification. You will have many little known case laws to back you up. This is the stuff the they don’t want anyone to know! ChexSystems is a consumer reporting agency just like Equifax, TransUnion, and Experian. They all fall under the same federal laws. What you can file suit against them for: “negligent and willful failure to reinvestigate the disputed entries in violation of sections 611(a), 616, and 617 of the FCRA, 15 U.S.C. §§ 1681i(a), 1681n, 1681o” A copy of a similar lawsuit appeal where TransUnion was found liable for their lackluster verification procedures can be found at: FindLaw.com – In the search box enter something in reference to: “Cushman v. Trans Union Corp., 920 F. Supp. 80 (E.D. Pa. 1996) or Cushman v. Trans Union Corp., 115 F.3d 220 (3d Cir. 1997)” Send a copy of the above case to the ChexSystems legal department, and we’ll bet that they will suddenly want to settle with you! After all, why would they want to tangle with a savvy consumer who knows the law, all over a debt of a measly few hundred dollars? Some other cases you may want to reference are: Richardson v. Fleet Bank of Massachusetts – the court held that the company failed to follow reasonable procedures by relying on creditors for accurate credit information because the company had reason to know of the dispute between the consumer and the company. Bryant v. TRW – the Defendant consumer reporting agency unsuccessfully argued that, under §607(b) of the FCRA, 15 U.S.C. §1681 et seq., it was not liable as a matter of law, for reports it issued in good faith, and as a result of inaccurate information provided to it by Plaintiff’s creditors. The court held that Defendant was not free from liability when the credit reports at issue was not accurate. Once inaccuracy was determined, defendant’s agency procedures were determined to be not reasonable to ensure maximum possible accuracy, pursuant to §§607(b). In Bryant v. TRW, Inc., 487 F.Supp. 1234, 1242-43 (E.D.Mich.1980), the district court awarded a consumer $8,000 for anguish resulting from denials of a mortgage due to inaccurate credit reports. The Sixth Circuit affirmed. 689 F.2d 72 (6th Cir.1982). Stevenson v. TRW Inc., 987 F.2d 288, 293 (5th Cir. 1993). – “Allowing inaccurate information back onto a credit report after deleting it because it is inaccurate is negligent.” Fischl v. General Motors Acceptance Corp., 708 F.2d 143, 151 (5th Cir.1983). – Actual damages include humiliation or mental distress, even if the consumer has suffered no out-of-pocket losses. In Pinner, 805 F.2d at 1265, the consumer was awarded $ 25,000 for mental distress because of the humiliation and embarrassment resulting from three credit denials and from lengthy dealings with the credit bureau. The court did, however, order a remittitur from the original jury award of $100,000 mental distress damages. Another consumer received $10,000 because of humiliation and embarrassment suffered from three denials of credit and from the fact that the credit bureau took several months to correct the credit report’s inaccuracies. Thompson v. San Antonio Retail Merchants Ass’n, 682 F.2d 509, 513-14 (5th Cir.1982). In Collins v. Retail Credit Co., 410 F.Supp. 924, 936 (E.D.Mich.1976), the court awarded a consumer $21,750 for embarrassment and humiliation. In Morris v. Credit Bureau of Cincinnati, Inc., 563 F.Supp. 962, 969 (S.D.Ohio 1983), the consumer was awarded $10,000 for anguish and embarrassment even though, after he was denied credit, he explained the inaccuracies on his credit report and subsequently obtained credit. In Millstone v. O’Hanlon Reports, Inc., 528 F.2d 829, 834-35 (8th Cir.1976), the Eighth Circuit upheld an award of $2,500 for mental anguish after an insurer cancelled the consumer’s policy because of an inaccurate credit report. Ryan v. Trans Union Corp., Case No. 99 C 216, 2001 – “The court held that defendants were entitled to a partial award of attorney’s fees from plaintiff under the FCRA to the extent that plaintiff filed oppositions to defendants’ summary judgment motions knowing that he no longer had a valid claim.” for more great information about chexsystems relief go to: http://chexsystemsrelief.com/

Thursday, March 10, 2011

how to copyright


How to Copyright
By an eHow Contributor

There have been a lot of problems lately with people stealing and posting things on the Internet. The (incorrect) assumption is that anything on the Web is public domain. Creators of all types are learning to protect themselves by making it clear that their work is copyrighted: A copyright protects an artist, publisher or writer from unauthorized copying of his or her work - including song lyrics.
From Essentials: Copyright Law Basics

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How to Research Copyright Law

Prior to 1989, the little © symbol was seen a lot more often than it is now. But things changed… More
More: See All Articles in this Essentials
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How Do I Copyright My Music?

Musicians need a way to protect their creative work, and that's exactly why copyright laws… More
More: See All Articles in this Essentials
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How to Get Copyright Permissions

Copyright protects the original content of artists and authors. Violating a copyright can result… More
More: See All Articles in this Essentials
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What are Copyright Laws?

Copyright is a form of protection granted to authors of original works. The copyright gives the… More
More: See All Articles in this Essentials
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Who Needs a Copyright?

People who want to profit from their creative labors need to protect their works and their… More
More: See All Articles in this Essentials
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How to Copyright Music?

The best way to copyright music is to send in your album to the copyright office and either… More
More: See All Articles in this Essentials
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How to Copyright

There have been a lot of problems lately with people stealing and posting things on the… More
More: See All Articles in this Essentials
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How to Self Register: Music Copyright Law

Learn how to self register as part of music copyright law in this free diy legal music rights… More
More: See All Articles in this Essentials
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How Long Is a Copyright?

Current federal law grants authors of creative works copyright protection from the time their… More
More: See All Articles in this Essentials
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How to Copyright a Poster

If you have a poster that you have created that is an entirely original work, you can copyright… More
More: See All Articles in this Essentials
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How to Preregister For a Copyright

It's necessary for writers and artists to register their work with the government's copyright… More
More: See All Articles in this Essentials
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What Is the Purpose of a Copyright?

If you are a writer, author, creator of music, lyrics or any other similar visual or audio… More
More: See All Articles in this Essentials
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About the Limits to a Copyright

What is a copyright? The simple definition is "the legal right to publish, reproduce and… More
More: See All Articles in this Essentials
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The Facts About Copyright Laws

Copyright laws were enacted by the United States government to give control of certain types of… More
More: See All Articles in this Essentials
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Copyright Legislation Facts

A copyright allows the author of an original work to obtain exclusive rights over the… More
More: See All Articles in this Essentials

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Difficulty: Easy
Instructions
Things You'll Need:

* Computer Disks
* Paper And Pencils
* Sheet Music
* Audio CD

1.
1

Write your lyric and put it in a tangible form - on paper, sheet music, computer disk or audiotape. You can't copyright an idea that is still in your head.
2.
2

Recognize that anything written after April 1, 1989, is automatically protected (in the United States) by an assumed copyright. If you don't transfer the copyright to someone else, it will last 70 years past your date of death.
3.
3

Register with the U.S. Copyright Office so that you can more easily collect damages if your work is copied. This also provides public notice.
4.
4

Use the U.S. Copyright Office's PA form to register a song. Use its SR form to register published and unpublished sound recordings.
5.
5

Expect to pay a nonrefundable fee for registration. The basic registration fee is $45, which took effect July 1, 2006.
6.
6

Include a copyright notice at the end of your work. The proper format is: Copyright or ©, year of first publication of the work, author's name: © 2000 John Doe or Copyright 2000 John Doe.


Tips & Warnings

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Check out the Copyright Office's free electronic-mailing list, NewsNet. To subscribe, send a message to LISTSERV@RS8.LOC.GOV. Type SUBSCRIBE USCOPYRIGHT in the body of the message.
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Register your copyright anytime, but remember that, if registration is made within three months before an infringement of the work, the owner can collect statutory damages and attorney's fees in court action. If the work is not registered, he or she can collect only actual damages and profits.

Resources

* U.S. Copyright Office


Read more: How to Copyright | eHow.com http://www.ehow.com/how_18267_copyright-song-lyric.html#ixzz1GCiSVvyS

Tuesday, July 13, 2010

$30 DBA - THAT'S ALL IT COSTS?

http://www.30dollardba.com/

$30 DBA - THAT'S ALL IT COSTS?

If you just need to publish - yes. That’s all we charge. our price includes publishing your dba or fbn (fictitious business name) for the required four weeks, sending you a copy when it runs and filing a proof of publicatiion affidavit with LA County after your ad has run.

WHAT IF I ALSO NEED TO FILE?

Los Angeles County charges $23 for the first Fictitious Business Name and one registrant and $4 for each additional business name and/or registrant. If you want us to file on your behalf, we charge an additional $10 stand in line for you, plus the county filing fee.

SO WHAT'S THE BOTTOM LINE?

Publishing only (one busines name/one registrant) $30

Filing and publishing (one busines name/one registrant): $63

Additional names/registrants: $4 each to file; $1 each to publish.

HOW DO YOUR PRICES COMPARE?

Check our competitors websites - PLEASE! They will charge you $85 and up to file and publish. We charge just $63.

I'VE ALREADY FILED, HOW DO I GET MY PAPERWORK TO YOU?

Fax it to (310) 314-7653 or email it (in pdf/jpg format) to: editor@british-weekly.com. Please include your credit card number with expiration date. If you’d prefer, you can also call us with your card number.

Norwalk Office: (562) 682-3303

Or mail a check to: British Weekly, 171 Pier Ave. #121, Santa Monica Ca 90405.

You can also pay by PayPal:

Filing and Publishing/Publishing Only

http://www.30dollardba.com/

Wednesday, July 7, 2010

DMCA takedown notices

Question: Why does a web host, blogging service provider, or search engine get DMCA takedown notices?

Answer: Many copyright claimants are making complaints under the Digital Millennium Copyright Act, Section 512(c)'s safe-harbor for hosts of "Information Residing on Systems or Networks At Direction of Users" or Section 512(d)'s safe-harbor for providers of "Information Location Tools." These safe harbors give providers immunity from liability for users' possible copyright infringement -- if they "expeditiously" remove material when they get complaints. Whether or not the provider would have been liable for infringement by users' materials it hosts or links to, the provider can avoid the possibility of a lawsuit for money damages by following the DMCA's takedown procedure when it gets a complaint. The person whose information was removed can file a counter-notification if he or she believes the complaint was erroneous.

Question: What does a service provider have to do in order to qualify for safe harbor protection?

Answer: In addition to informing its customers of its policies, a service provider must follow the proper notice and takedown procedures and also meet several other requirements in order to qualify for exemption under the safe harbor provisions.

In order to facilitate the notification process in cases of infringement, ISPs which allow users to store information on their networks, such as a web hosting service, must designate an agent that will receive the notices from copyright owners that its network contains material which infringes their intellectual property rights. The service provider must then notify the Copyright Office of the agent's name and address and make that information publicly available on its web site. [512(c)(2)]

Finally, the service provider must not have knowledge that the material or activity is infringing or of the fact that the infringing material exists on its network. If it does discover such material before being contacted by the copyright owners, it is instructed to remove, or disable access to, the material itself. The service provider must not gain any financial benefit that is attributable to the infringing material.


Question: What are the provisions of 17 U.S.C. Section 512(c)(3) & 512(d)(3)?

Answer: Section 512(c)(3) sets out the elements for notification under the DMCA. Subsection A (17 U.S.C. 512(c)(3)(A)) states that to be effective a notification must include: 1) a physical/electronic signature of a person authorized to act on behalf of the owner of the infringed right; 2) identification of the copyrighted works claimed to have been infringed; 3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed; 4) information reasonably sufficient to permit the service provider to contact the complaining party (e.g., the address, telephone number, or email address); 5) a statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and 6) a statement that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner. Subsection B (17 U.S.C. 512(c)(3)(B)) states that if the complaining party does not substantially comply with these requirements the notice will not serve as actual notice for the purpose of Section 512.

Section 512(d)(3), which applies to "information location tools" such as search engines and directories, incorporates the above requirements; however, instead of the identification of the allegedly infringing material, the notification must identify the reference or link to the material claimed to be infringing.

Question: Does a service provider have to follow the safe harbor procedures?

Answer: No. An ISP may choose not to follow the DMCA takedown process, and do without the safe harbor. If it would not be liable under pre-DMCA copyright law (for example, because it is not contributorily or vicariously liable, or because there is no underlying copyright infringement), it can still raise those same defenses if it is sued.

Thursday, June 17, 2010

how do i file a copyright

how to file a poor mans copyright,step by step

Poor Man’s Copyright

Is the Poor Man's Copyright ok to use for copyrighting my work?

.::Use copyright symbol images from the Copyright Symbol page::.

.::Bookmark this website for continuous reference::.

.::Feel free to Link to this page without permission::.

.::Visit the main Copyright Website::. @ www.copyrightauthority.com

Poor Man's Copyright:

The "poor man’s copyright" is perhaps one of the most common forum discussions about subjects regarding copyright when people are searching for copyright solutions. We hope that this page will leave you more informed about how the poor man's copyright is perceived and it's value to YOU if you should wish to use it. After you have read the very important paragraph below in red, you can find out all about my own views of the Poor Man’s Copyright and make up your own mind whether it’s a good solution or not.

It is a condition of the use of this website, that you read the Terms and Conditions. I am NOT A LAWYER and have no basis to give you legal advice from this website that you can deem safe to use in a court of law. The information and links that you find on this website are for you to choose whether you wish to acknowledge as correct or not. Although I have researched and highlighted various points and links to place on this website, CopyrightAuthority.com nor it’s author in no way purport to have expert knowledge on any subject of copyright law. I would also like to highlight that any information that is provided on this copyright website is predominately related to aspects of the Berne Convention and is not specific to any individual country’s legal system.

How to prepare a poor mans copyright has been mentioned in discussion forums countless times. So, we thought we should put a little time into having it up nice and clear where the pit-falls of the poormans copyright can lay,
what the poor man’s copyright actually is, why the poorman’s copyright is so popular, how the poor-mans copyright can be faked and why the poor man would not feel so happy when his work is actually stolen – and it comes time to prove that the poor man owns the copyright! To look for a cheap way to copyright, may not be the best as you will see. Cheap copyright methods have never proved as reliable as the official methods.

Firstly, the poor man's copyright explained in point format:

i) Place the work that you want to copyright, into an envelope (music, scripts, websites, software, architecture etc…)

ii) Seal the envelope

iii) Mail the envelope to yourself through your country’s postal service

iv) Do not open the mail when it arrives

v) Keep the mail that arrived, unopened and safe - in case you need to prove it was your work.

Let’s lay it out in very bold terms – the first one being slightly bolder than the rest:

1)The poor man’s copyright can be faked, in several ways – easily

2)The poor man's copyright has rarely been heralded as a success anywhere that we can find online

3)A poor man’s copyright is not technically needed to secure a copyright.

4)A poor-mans copyright could leave you even poorer, if that’s all you have as proof of copyright



1) The Poor man’s copyright can be faked in several ways. NOTE: These are examples only to show you that the poor man copyright is not fool proof and you need to know that. Please do NOT try to use these examples to try to break the law. By their own nature, you can see that the poor man's copyright examples may not stand up too well in court if you wanted them to. Cheap Copyright could become expensive in the long run!

Try this yourself:

Fake a Poor Man’s copyright: Easy example:

Take a blank envelope and write your own address on it.

DO NOT SEAL THE ENVELOPE

Mail the envelope to yourself

When you get the envelope, put anything you want into it, and THEN seal it.

You now have an envelope posted on a certain date, with your work in it.

Compare that fake with one that you would have used as your poor mans’ copyright

Fake a Poor Man’s copyright: Complex example:

Take a blank envelope and write your own address on it.

Put a blank CD inside and fasten the envelope with a paperclip only

Mail the envelope to yourself

When you get the envelope, open it up and take out the CD,

Set the clock on your computer to two days before you posted the envelope

Burn whatever you want onto the CD, put it into the envelope, and THEN seal it.

You now have a CD, that says you burnt it on a certain date, in an envelope sent on a certain date

Fake hundreds of PoorMan’s copyrights: Extreme example:

Mix-and-match any of the above examples, with as many envelopes as you want

Keep them handy for when you want to fake a poor-mans copyright for years to come

You could now TRY to prove that any work was yours, including new work from famous names.

YOU WOULD BE VERY SILLY TO TRY THIS!

Question:

Why would a court of law, if they have read and tried the above – trust the Poor Mans Copyright?



2) The poor man's copyright has rarely been heralded as a success anywhere that we can find online.

Actually, we cannot find one example anywhere, where someone has said
‘yeah – the poor man’s copyright really worked for me’ and mentioned the court case etc…

It’s true. Look anywhere you will – you will find lots of people giving you free advice about how to make a poor mans copyright. They will tell you all about how the Poorman’s copyright can be carried out, how the poor mans copyright will save you countless amounts of money and and how the poor-mans copyright will save you the time it takes for something to be filed with the copyright office. “I use the poormans copyright” “Mail it to yourself” “Use this, the Poor Man’s copyright works best”. Etc… etc..

There are actually more people in forums who say ‘I have heard about the Poor-Mans copyright, and this is how you do it”; than there are of people who have actually used it! Please, if you have used the poor-mans copyright, and you have had to use it to prove a case… email us at Poor_Mans_copyright@copyrightauthority.com (please, in the subject title, type Proof The Poor Mans Copyright Works - otherwise I will delete the email, as I get a lot of spam from email harvesters – please include in the email all the details of the poor man’s copyright case example, with all references and your permission to re-produce it online here on this page).

3)A poor mans copyright is not technically needed to secure a copyright.

How copyright works, is explained in much more detail on the www.copyrightauthority.com homepage. However, it is pertinent to put in the same diagram here to demonstrate how a piece of work is copyrighted under the Berne Convention as soon as you have created it and put it down in a tangible form.Copyright Process<>

Obviously, you will still need to PROVE that the work is yours and was produced on a certain date. If you can keep a record of this, it will help. Consider witnesses such as a notary or lawyer who can witness the date, content and time etc.. Consider sending to your lawyer to look after (but, this again could be costly). Consider using a public fax machine and sending it to yourself, which helps have an independent date and source. One suggestion, could be to visit an internet cafe that requires you to sign in with your name and a date.
Print a dated copy of your work and ask at the counter if they could witness and sign the date as correct. Put your work on a webpage, and ask friends to print a dated copy off, sign it and post it to you etc.. Whilst the majority can be faked, every little bit should help to build a larger database of proof, which is less likely to be be pulled apart as easily as the poor mans copyright on it's own. However, nothing would give you as much copyright protection as registering your work with an official copyright office such as the US Copyright Office - and by the time that you have gone to all the effort of the above... the cost difference will be minimal.

4)A poor mans copyright could leave you even poorer, if that’s all you have as proof of copyright

As we have seen, producing a fake Poor-man’s copyright is not hard to do. Which means, when it comes time to prove that you owned the rights to work that someone else has copied without your permission – you will need as much power of proof of your work as you can.

This, is why registering with the US copyright office or your own country’s copyright office is a good idea and beats the poor mans copyright!. For around $30, it is not a lot to ask – considering the damages or the monies that you may lose, if you cannot prove without doubt that it is your work. Other than having a very official record of your work, benefits that may be included if you have to go to court are statutory damages and attorneys fees in successful litigation. There are plenty of companies online who will also file these details for you, for a fee on top of the US Copyright Office filing fee.

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