With this message I have created a copyright. Should this post become as popular as say a Beatle’s song I could sue for royalties from everyone who forwards it. The copyright on the post lasts 75 years and if I register the copyright it will last as long as 100 years. Even what is in the copyright and what is not is questionable as I can later derive work from this post and extend the copyright.

While Congress is spending millions studying the Drug War, Health Care, the Deficit and a myriad of other issues, the impact of an obsolete copyright law is far greater on society. On the corporate level there is a push to extend copyright, neglecting that most of what we see today on TV or the movies is derived work from historical authors like Shakespeare who then derived much of his work from Greek plays. On the left there are people like Thom Hartman who want to see copyright laws repealed guaranteeing Disney and other movie produces will never make another movie.

Currently, Google is under a legal injunction preventing them from just scanning books that may still be in copyright. There is a better way to sort the current mess. Public domain works have become like the Guttenberg Project and with open source software a valuable resource. With the internet available to the world public domain works spread communication and education. There are many ideas and valuable history wrapped up in out of print works. The Internet exploits these works adding value to society

How much other obscure information becomes valuable when exposed on-line? Like Google the Guttenberg Project cannot put on line thousands of obscure and out of print books because of out of touch copyright laws. In the past a publisher – say of Schumpeter’s Business Cycles — had a motivation not to reprint an out of print book. They had to cover the cost of a minimum printing and this meant warehousing, distribution and promotion costs. Thus many, many books lie fallow, keeping library shelves full and supporting out of print book dealers.

With every change in technology there are winners and losers. Economics generally sorts things out, however government and laws play an important part in making economic value. Without copyright laws the publishing industry would come to a screeching halt. Already the music industry is caught in a bind over internet distribution. Yet there are some simple solutions to this problem.

1. Lower the length of copyright on non-registered works to three to five years. A short time frame would further expand the value of the Internet as a resource.
2. Make registered works re-register every five to seven years.
3. Raise the registration fee to a level that would support an enforcement fund.
4. Define clear penalties for infringement that are high enough to be enforceable but not draconian.
5. Automatically flow the funds from enforced royalties to the registered copyright holder.
6. Allow re-registration of copyrights to enter open bidding with the funds from a high bidder going to the previous copyright holder.
7. Failure to re-register a copyright pushes the work into the public domain.

In effect the holders of registered copyrights would be paying a tax for enforcement just as banks pay FDIC insurance on deposits. As with domain names, all registered copyrights can now be on line. A cottage industry would spring up around bidding for expiring copyrights giving the owner extra bidding power. Fees collected as well as fines support rational enforcement. Fines could be split between copyright holder and the enforcement agency. In bidding for expired copyrights the enforcement agency would get a portion of the bid allowing for legitimate bidding and higher fees on properties with greater potential enforcement costs.

The same could be done with software where in-registration a copy of the code is archived with the licensing agency. On expiration the code would be released on-line allowing users access for bug fixes and modifications again making possible derived works and increasing the economy. When a product is no longer available for sale or supported and has embedded software that software becomes publicly available.

On both sides the consumer and creator are protected. Unregistered works become publicly available much sooner and valuable works of creation take on greater and greater value as they become part of the culture. As things expire each has a chance at increased exposure. Out of print works become easily and readily available adding to the wealth and knowledge of society.

A patent is a set of ownership rights given by a state to investors so that they have the exclusive rights to make, use and sell their own invention. Patents are given so as to prevent others from making, selling or importing the same invention.

The inventor is called the patentee and he also has to comply with other laws and regulations to use his own invention. He can only market or sell his product under regulatory approval. If his product or design is an improvement of a product that is already there in the market he has to first get license from the owner of the earlier broader patent covering the same type of product. The owner of the improved product can also have the right to exclude the patent owner from using the improvement.

Patentee’s Rights:

Now the patentee can have the right to exclude others from copying, using, selling or importing his patent product for a term of 20 years. A patent is in fact a kind of agreement between the inventor and the government where the state guards the right of the inventor from others from using or selling his invention as long as he makes the details of his invention public. This also like in any other case the property right may be sold, licensed, mortgaged, assigned or transferred, or simply given away.
How to get a patent?

To obtain a patent you must first provide a complete description of your invention in writing. This is provided with the ‘patent specification’ along with the figures showing how the invention is made and how it operates. At the end of the specification you must put forward your claims that points out specifically what you regard as your invention. This is a description unlike the body of the specification, designed to provide the public with notice of precisely what you as the patent owner has a right to exclude others from making, using, or selling. It basically defines what a patent covers or what it does not cover. There may be numerous claims for a single patent, each of which is regarded as a distinct invention. For a patent to be granted, the patent application must meet the requirements of the national law related to patentability.

Patents are enforced through civil lawsuits. A patent owner can seek monetary compensation if an accused infringer breaks any of the patents law and practices even one of the claims of the patent. He can prohibit the accused from engaging in future acts of infringement. But if the accused infringer challenges the validity of the patent owner then the court may declare the patent invalid. The grounds on which a patent can be found invalid are set out in the relevant patent legislation and vary between countries.

Trademark protection
For the name, logo, or graphic that identifies and distinguishes your line from others. You can and should use TM next to or in close proximity to your mark upon initial use. TM simply means that you claim a common law right to the mark, which by virtue of your use you have a right to claim.

Use of ® is strictly prohibited until your application is completely approved and your mark is registered at the United States Trademark Office. In fact, improper use of ® is illegal and can be punishable by law. In addition, improper use can adversely affect trademark rights and registerability of a mark.

NOTE: The trademark must be used consistently to identify the clothing line verses some short phrase, slogan and/or graphic printed on a garment or T-shirt for the purpose of making a statement. First step is to identify your mark, its goods or service description, and learn common mistakes in selecting a mark, see Trademark Information and Trademark Goods Services Description. Second step is to perform a Trademark Search, see Trademark Search Instructions on How to Perform a Search as part of the Inventor Start Kit.

Copyright
If you have a drawing or a pattern showing the design of your garment or a photograph of garment these can be the basis of a copyright application. As a reminder, you should always include a copyright notice on all copies of your work (garment design), fixed on paper or in an electronic form, such as © 200_ Full Name/Company Name. ALL RIGHTS RESERVED.

Note: If multiple authors are contributing to a work (garment) and a single person or entity desires to own the collective work then the parties must transfer their rights to the single person or entity via an assignment/work-made-for-hire agreement; otherwise, each contributor is owed a ratable share of the profits realized from use, license or sale of the work.

Design Patent
If your garment design is a new and non-obvious garment design (article of manufacture) it may qualify for protection under a design patent.

Moreover, a patent is a property right that gives the patent holder the right, for a limited time, to exclude others from making, using, offering to sell, selling, or importing into the United States the claimed invention in exchange for a full disclosure of the invention. In simplified terms, a patent is a way of protecting an invention (any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof).

Therefore, without a patent, anyone can legally make, use, sell or import your invention.

Note: Ideas are not patentable, but rather the knowledge of how to make and/or use the idea is patentable.

To be patentable the law specifies three primary patentability requirements wherein the subject matter of the invention must be:
• Useful – To have utility as in an invention must be capable of some beneficial use.
• Novel – The invention must be new (different from the prior art) and an invention is not new if it has been described in a printed publication, known or used by others, or has been in public use or for sale. If an invention is not new, then the invention is not patentable (i.e., anticipated by the prior art).
• Non-obvious If the differences between the invention sought to be patented and the prior art (what is known) would have been obvious to a person having ordinary skill in the art then the invention is obvious and not patentable.

Example: Obvious non-patentable subject matter includes the substitution of one color for another, or changes in size or obvious changes or improvements over the prior art.

Advancing Your Paycheck

A Paday loans, also known as a paycheck advance, can be had either from your employer, if such schemes are allowed for their employees, or from 3rd party lenders such as individuals, banks or financing firms that offer them. Not all states allow these types of loans. But those that do regulate them in terms of the maximum amount and interest that can be charged.

Commercial banks that are corporate depositories to fund employee payroll often provide these services at no cost to the borrower. No obligatory paperwork is otherwise needed as it’s easy for them to deduct from your forthcoming payroll the amount loaned, which they do automatically with just your permission on a loan application form.

Commercial Thrift banks generally offer short-term pay advances in states that regulate the practice. Even in states where this is banned, there have been work-arounds that allow you to obtain such loans from bank branches in other states that allow them. So do inquire with your banks should you happen to be in a state that doesn’t allow the practice.

The internet is fast becoming a popular channel for online loan availment. A Google search on the term “fast-payday-loans” returns millions of pages containing individuals and firms offering to provide instant or “next day” paycheck advance services. This seems to be the fastest way as you only need to fill-out their loan application online or have them faxed together with other obligatory documents such as you latest pay stubs or income statement. There are now firms that offer “faxless” processing as well. So a quick browse on the internet may land you to the lender that’s right for your needs.

See That the Loan is Your Last

Having gone through the process of securing a faxless-cash-advance, it’s always a good idea to control your spending habits to make that paycheck advance last. Remember that it needs to be paid off on your next immediate payday. And unless you have managed your expenses to make that loan last until the payday AFTER you’ve paid it, you could end up securing another.

There are always creative ways to trim down on your expenses so that your loan proceeds can sustain you until after you’ve settled the loan. As they say, where there’s a will there’s a way.

If not, see if you can extend the loan to afford you a lighter load on your repayment, say, over a 2-3 month period. Many lenders provide this option for those that cannot meet their 2-week maturity date. But it’s likewise important that you inform your lender beforehand that you will default so that your post-dated check won’t be processed. Otherwise, expect some overcharge or bouncing fee to be levied on your checking account. GP