Does the Age You Get Married Impact Divorce Rates?

There are many factors in a marriage that can cause or contribute to a divorce. The truth is, the causes for divorces in the United States, like relationships, are very complicated. Even though the divorce rate in America has dropped, in large part due to the Millennial Generation, there are numerous reasons why married couples do not make it until death do they part – one of which is the age they got married.

All Marriages Require Hard Work

Unfortunately marriages do not last based solely on personal chemistry or physical attraction. When you choose to get married, you are vowing to love your partner for better or worse. No one gets married expecting to divorce. However, studies have shown that variables such as age, income, employment status, and education have significant impacts on U.S. marriages.

How Age, Income, and Education Affect Divorce

According to The Institute for Family Studies the ideal age to get married is in your late twenties, but why? When you decide to get married at an older age, your odds of divorce decline because at this stage in your life you usually have a higher education, a more stable job and are more established financially. With a higher level of education, your potential to earn more money is greater. Couples who experience more tension in their marriage from things such as a lack of money and maturity, frequently find themselves turning what were just thoughts of divorce into a reality.

The Divorce Rate Is Dropping Thanks to Millennials

Younger Americans are waiting much longer to get married. The national median marriage age as of 2011 for a woman’s first marriage was 27 years old, and for men was 29 years old; the highest median marriage age in decades for men and the highest ever for women. In 2005 the national median marriage age for a woman’s first marriage was 25 and for men was 27.

Many young folks have decided not to get married at all and choose instead other arrangements. It is much more common now, and many consider it more convenient, to move in with his or her partner without having to worry about the social pressures from society to get married first. With the average divorce happening about 12 years in to the marriage, we will have to wait and see if this recent generation of newlyweds will continue to keep their vows.

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Importance of Immigration Lawyers

Immigration lawyers generally help their clients in issues relating to visas, citizenship and other immigration benefits. Not all instances require the services of an immigration lawyer; however, immigration law in many countries is quite complicated and hiring an attorney will save you money, time and the hustle of moving around immigration offices.

Why should you hire an immigration lawyer?

  • An experienced and competent immigration attorney understands the law thoroughly and will be up to date with recent changes to the law. Moreover, the attorney will know the right procedures, administrative forms and all requirements to appropriately handle your case.
  • You can rest assured that your interests and rights will be well represented and defended. He/she will ensure that you are adequately protected from any form of abuse and exploitation and bar you from making critical mistakes. You’ll also receive regular updates on the proceedings of your case.
  • Immigration lawyers have to adhere to the set professional standards and will therefore commit themselves fully to offering quality, accurate and professional services. Their accreditation helps them maneuver the complicated immigration bureaucracies.

How to find an excellent immigration lawyer

A good immigration advocate can impact positively on your case and this is how to get your hands on one:

  • Ensure the potential lawyer is trained and licensed to handle cases similar to yours.
  • Do some research on the lawyer you’re about to hire and check the reviews he/she has received from clients. Now that will help you make a wise decision.
  • The lawyer you intend to hire should give ethical advice while also restraining from illegal practices such as bribing.

When should you call an immigration lawyer?

You will definitely need to seek the services of an immigration lawyer if you encounter the following:

  • If you have been deported from the country you were living in and you wish to return.
  • If you have committed a criminal offense or have been convicted of a criminal offense and you want to avoid a removal from the foreign country.
  • If you are planning to move to another country for work and your employer is not in any way assisting with the immigration process.
  • If you are requesting for any form of exceptional benefits that the state would not ordinarily offer to an applicant in your position.
  • If you had immigration application denied or refused.
    The list could go on and on but the bottom line is that you shouldn’t hesitate to call an immigration lawyer when faced with any immigration issue.

What to expect from your immigration lawyer

If you have hired a good lawyer, here is what to expect:

  • He/she should be respectful, ethical and professional.
  • He/she is knowledgeable on the complexities of immigration laws and also experienced to handle your case.
  • Charges reasonable fees after providing the estimates in advance.
  • He/she works diligently throughout and ensures that your case goes to a successful completion.
  • Helps you in making the right decisions, keeps all information confidential and also keeps you posted on the details of your case.
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Why Should We Hire Family Law Practice

Family law can be defined as a practice that is closely concerned with the legal issues that have to do with family relationships like child custody, divorce and adoption. The lawyers who practice in this area usually deal with divorce, child support and so on. There are those that choose to specialize in emancipation, paternity, and adoption or any matters that relate to divorce. Formal requirements have to be reasonable and that is usually determined by the state. This includes things like legal capacity, age and same sex marriages. The state is also responsible for setting out the procedures and the rules that govern divorce as well as other matters related to family law.

Important terms to family lawyers

Emancipation: this is a process of the court whereby a person or a minor is allowed to be self-supporting. This means that he assumes the responsibilities of an adult for his welfare and won’t be under the parents.

Marital property: this is the kind of property that was acquired by a spouse while they were married and that needs to be divided when they divorce.

Alimony: this is the allowance that is given to a spouse for support when they are legally divorced or separated or when they are awaiting either of the two.

Paternity: the descent or origin from father. Establishing paternity means that you are confirming who the biological father of the child is.

Prenuptial agreement: this is an agreement that is usually made between two parties before they get married. Here, future rights to property are given in case death or divorce occurs.

Why hire a family lawyer?

Many of the family lawyers offer their services during divorce proceedings and other matters that may be related to divorce. Family law is a broad practice however, and it includes areas like reproductive rights and foster care. Some of the reasons as to why you may need a family lawyer include:

Divorce: every partner hires a lawmaker who is responsible for the creation of a settlement plan so as not to go top trail. They are usually people who can be able to divide any marital property, proposing child custody scenarios, and also calculating spousal support.

Child support/ child custody: the court orders and agreements on settlement involve support and custody and can be included in divorce cases that are larger. These can be revisited if any conditions change like the financial standing of a parent.

Paternity: sometimes a mother can file such a case as they try to secure some child support payments from the father. Also, a father can file a paternity case so as to be able to have a kind of relationship with a child. DNA testing is used for the determination.

Adoption: foster care and adoption is both complex. The process can differ and usually factors like where a child is from and state laws can affect the process. A family lawyer can be able to handle all these. A foster parent can sometimes adopt a foster child. The entire foster process sometimes doesn’t require any kind of legal representation.

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Canada & Australia Immigration – Tips to Get Your PR Visa Faster

It is very obvious that when you want to settle in vibrant countries like Canada or Australia, you are keen to have your visa processed at a faster pace. In case of the temporary visas, you can do nothing but depend upon the employer to complete his job related formalities. But, when it comes to processing of permanent residency visas, the ball is always in your court. Permanent resident visas of these countries are issued considering the points applicant can score under respective immigration system. These points are often affected by time, age, work experience, education, spouse skills etc., and these factors eventually effect the success of the visa application. To ensure that your process is smooth and at a faster pace, here are three most important tips to be followed.

Tip No. 1: Apply at the right time-
It may seem astonishing to read but time is certainly a crucial factor in PR visa application. Under the time factor, application can be affected in the following manners:

  • Age: At the time of your application, if you are young you are more successful. This is because these countries have a high demand for professionals who are young (preferably 18yrs-25 yrs). Hence, to settle in Canada or Australia by getting yourself a higher preference and also great career prospects, apply when you are in your most demanded age range.
  • Peak Months: According to research, the best time to apply for Australia immigration is in the months of February and July. These two months are considered peak time for submitting Australia immigration. It is said that often applications during these peak months are associated with higher success results.
  • Intake Periods: Several provinces or States migration programs of each country have specific intake periods of PNP/State nomination applications. Keeping the nomination applications ready before these intake periods often results in quicker intake, improving chances for a quick visa.

Tip No. 2: Boost your CRS Score-
You may be aware of the fact that Canada & Australia have an immigration system that operates through a points based structure. Candidate’s eligibility as well as success for an international permanent residency status majorly depends on how well he can score under the points based system. If you believe that your score is hindering the success of your application, here are some ways by which you can improve your points.

    • Improve qualification: To improve your score, the best and easiest thing you can do is improve your qualification. If you a graduate, a higher degree will eventually increase your score and preferences for selection. Likewise, any certification or diploma that boosts your nominated occupations will also be a good step towards a score improvement.
    • Enhance work experience: Highest work experience candidates get good points under Canada and Australia’s points based system. If you have a chance to improve your work experience before your application or while your application is in process, go ahead, work hard and update. This may eventually increase your score and chances for a quicker visa.
    • Re-attempt IELTS: To become an international permanent resident, applicants must prove their proficiency level in the English language. For this IELTS is mandatory. As an applicant, if your IELTS score is what is delaying the process or getting you less score, re-attempt your IELTS. The best suggestion for improved results is to go for an expert help in preparation for IELTS.
    • Include Partner Skills: If your spouse or common law partner is accompanying your immigration, it is best to include his/her skills in the application, provided that she/he is eligible. This is because PR visa applicants are allotted with additional points for partner skills and this eventually increases points.

Try State/Province Nomination: If you meet the eligibility requirements of a respective State or Province, applying for a State Nomination increase will increase your points and also boost your chance for quick visa success.

Tip No. 3: Get Expert Assistance-
Despite all your efforts, if you are still unable to fetch those great points to buck-up your process, then you may missing something that only an expert eye can catch. Get in touch with your city’s best immigration experts and get counseled about the aspects that will help you in your application. Since immigration experts are up-to date and have hands on experience in processing thousands of visa cases, they will help you analyze the loopholes of your case (if any) and show you ways towards a quicker success.

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Finding a Good Family Lawyer

Family lawyers are needed in different situations including divorce. Such situations are very stressful and if you are not careful, you may have a very hard time during such times. There is a need to have a professional with a deep understanding of the law on your side so as to handle different situations that you may not know how to handle completely. This can make the process much easier for you and the whole family.

When you are looking for a family lawyer, there are some qualities that should be outstanding. These will help you know whether the person you have chosen to represent you is capable of handling himself and the case at hand. Some important qualities include:

  1. Communication: the lawyer should be able to communicate and communicate well. This is very critical. The lawyer needs to be able to communicate in an easy and clear manner. When you have a lawyer, it is necessary that you are able to voice your expectations and concerns. It is the job of the lawyer to explain things clearly to you as well as those that have to do with the case and to give you expectations that are realistic. The lawyer should also be able to communicate with other parties to the case. Good communication leads to effective negotiations keeping costs down. A good communicator will also be very helpful should the case go to court.
  2. Experience and skills: while it is important to have an attorney to represent you, it is important that he is able to represent you well. So as to do this, skills are required. A case such a divorce can touch on many aspects of family life as we know it. This may include career, retirement, finances and so on. The lawyer should be experienced and very knowledgeable so as to make sure that all your interests are protected. Experience in family law cases is an added advantage especially if such a case has a lot of similarities with yours.
  3. Availability: when you are searching for a representative, make sure it is a person that is available in all the important points of your case. If he can’t be present all the time, he should have support available to cover when he has other matters to attend to. The lawyer should avail himself to respond to questions in a good and timely way, he should work with timeframes so as to reassure you of his dedication. He shouldn’t be too held up with pother cases so as to be able to pay attention to yours.
  4. Composure: your family lawyer should be able to maintain his composure at all times. This isn’t only about staying focused and calm, but also exhibiting a lot of self-control when in the courtroom or when dealing with other lawyers, even if he feels frustrated, your interests need to represent very strongly but he shouldn’t take things too personally when the turn of events isn’t completely to his favor.
  5. Support and resources: lawyers have other clients too, and it is not possible that they will always be available to answer questions every time something comes up. It helps when the lawyer has a team working with him so that even emergencies can be handled swiftly.
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Ensuring That You Own Your Content’s Copyright

You have been a prolific writer for your business for a long time and, of course, just like all other writers, you use sources to back up the facts that you write in your content. Of course, there is no reason for you to assume anything other than the fact that you own the copyright of all of the content that you are writing.

Sometimes the line is obscured

If you own the copyright on specific content (including graphics, videos, etc), that means that you can do anything that you wish with that content. After all, it belongs to you. On the other hand, if someone else owns the copyright on the content, you are severely limited from doing what you want with that content. That means that you can’t recycle the content and use it over and over again, you can allow other people to post the content on their websites (for increased exposure and a wider reach), and you can’t touch the images (making them smaller, larger, wider, narrower). Your hands are tied in that case. However, you may not always understand when it is appropriate (legally and ethically) to alter the content in any way and when you really need to be hands off.

You probably have an accurate sense that you can’t just find a graphic image online, copy it, and embed it in your content. That is just common sense. If you use any portion of someone else’s content (words), you probably realize that you must give the author credit for what he or she has written. However, the copyright goes far beyond that. It is extremely important for you to understand the basics of copyright and how that applies to you and to your business. If you don’t pay attention to what you are allowed and not allowed to do, you may get yourself into trouble (legally and financially speaking). There are some concepts that will benefit you if you at least have a working knowledge of them. Hopefully, they will not actually apply to you at any time but being aware is very important for you.

  • Have a licensing agreement, including an invoice: That is an invoice from the person who owns the copyright. If you plan to use material of which someone else owns the copyright, you will probably need to pay that person (or that entity) some money. There may be rare occasions in which the person or entity will not charge you money but you need to have a written agreement between you so that you don’t get into trouble.
  • Lawsuit as a result of copyright infringement: This is a lawsuit that occurs in a federal court. The person or entity doing the suing is the owner of the copyright. The lawsuit will make demands, such as your eliminating all of the copyrighted material from wherever you have posted it online. You will also (most likely) be expected to pay some amount of money (damages) and there is also the potential that you will be asked to pay the lawyers’ fees.
  • Cease-and-desist communication: This is a communication (usually in the form of a letter) from the person who owns the copyright telling you that you must delete their content from wherever you have posted it.
  • Digital Millennium Copyright Act takedown notice: This is a notice that refers to the act on behalf of the copyright owner. It is sent to your web hosting service. It will insist that your web hosting service disables any access to wherever the copyrighted content appears.

The disturbing thing about this situation is that, depending on the whim of the copyright owner, you may end up paying in any number of ways. It might be minor but it might be major as well. You may be notified of the copyright violation in stages. If you respond immediately after you receive the first notice, you may get lucky and after doing whatever is demanded of you, that will be the end of it, as long as you never do it again. However, if you continue, the consequences will probably get more and more severe. You will need to tread lightly in this situation and do whatever you need to do quickly if you want to escape relatively unscathed.

Educate yourself about your rights

When you first write a piece of content, you need to make sure that you take all measures to ensure that you never run into these types of problems that are described above. If you don’t happen to be the one creating the content, you need to make sure that you get the other person to assign copyright ownership to you. It is critical that you have it in writing. The best thing to do is to have a written contract between you and the other person. Hopefully, in that case, there will be no question about anything. If you want the creator to be able to benefit from the content, it is safest to put that into the contract as well. The sorts of things that you will want to put into the contract are: exactly what is being created, how revisions are handled, deadlines and consequences if those deadlines are not met, the payment schedule, who will own the copyright, and who will be responsible for the consequences if the copyright is violated. If you have a long-term relationship with that person, you will probably find that you will need to revise your contract over time.

Conclusion

Copyright ownership may not have been something that you thought about very often (or at all); however, you need to have it in mind all of the time and be cognizant of doing the right thing. If you don’t, the consequences will probably not be pleasant. You need to protect your reputation and your bank account at all times. Copyright laws are very complicated and you may not even realize that you are violating any of those laws. However, you need to be aware of what you are doing and make sure that you don’t continue to violate any copyright laws. Interestingly, there are a few situations in which you don’t need to get permission from the copyright owner of the content. You should do the research and determine when those rules apply, which will ease the burden a little bit. Undoubtedly, you were not aware that you were doing anything wrong. However, once you are aware, you need to make sure that you do everything by the book.

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How To Expand Your Family Law Practice: Ten Money Making Tips For Divorce Lawyers

The divorce rate in the United States is likely to rise over the next five years due to the ten sociological trends that will be outlined below.

These changes will create an abundance of work and opportunities for family lawyers and matrimonial lawyers.

  • In a bad economy, some people stay in bad relationships because they feel trapped. In short, they can not afford to leave their spouse. Today’s economy is quite strong. Home prices are rising and the stock market has been on the rise. Many people who are unhappy with their marriages can now afford to terminate these unfulfilling relationships.
  • The opioid crisis, the heroin crisis, the increase in alcohol abuse will create a lot of familial stress and will contribute to marital disintegration in America. Interestingly, many private corporations are now investing in drug treatment center to profit from the increased need for these services.
  • Domestic violence often coexists with addictions and substance abuse. Spouses in violent relationships will need to be protected by family lawyers and by the criminal justice system.
  • The rising number of people who are addicted to pornography, video games and social media will continue to put a strain on marriages and on family life. Many clinicians and attorneys are seeing the impact of these kinds of addictions on marriages and on intimate relationships.
  • Laws allowing same sex marriages create more relationships. More relationships means that there will also be more relationships which end in divorce.
  • Internet dating has made it very easy to meet, to hook up with people and find another spouse. Consequently, people are not afraid of being alone and will not hesitate to remove themselves from an unhappy marriage.
  • The public is now more aware of the value and utility of pre nuptial and post nuptial agreements. Attorneys will need to create more and more of these contracts.
  • Infertility treatments are creating many complicated legal issues for couples. Who owns the fertilized eggs is merely one example of the kind of legal issues that this relatively new technology is generating for families and for their lawyers.
  • The growth of mediation will simplify and shorten the divorce process and make it easier and less expensive to terminate a failing marriage. Consequently, more people will be likely to utilize the legal system to end their marriages.
  • Similarly, collaborative divorce is gaining in popularity and is creating another viable route to divorce for some couples in America.

 

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Basics of Navigating the Digital Millennium Copyright Act (“DMCA”)

Due to the proliferation of the Internet, social media platforms, and hosting websites, online service providers have often become unwitting hosts to materials that may potentially infringe on the copyrights of another. Likewise, original content creators have also increasingly found themselves to be targets of unjustified DMCA takedown requests. Sometimes these takedown requests are made for anti-competitive or harassing purposes by competitors of the website operator.

The Digital Millennium Copyright Act (DMCA) provides a safe harbor in certain circumstances for website operators, who host materials submitted by third parties that may infringe the copyrights of others. If the copyright owner provides a take down notice in compliance with the requirements of the DMCA and the website operator timely complies with its obligations under the DMCA, it may be shielded from liability for copyright infringement. The website operator can adopt and post a copyright policy to facilitate DMCA compliance. A sample copyright policy is below, which requests that a takedown notice including at least the following information:

  • A detailed description of the copyrighted work you believe is being infringed upon description of the location of where the alleged infringing content appears;
  • Your contact information (including name, address, telephone number, and email address);
  • A statement that you have a good faith belief that the alleged infringing use is not authorized by you as the copyright owner, your agent, or by law;
  • A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are indeed authorized to act on behalf of the copyright owner; and
  • An original signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of the copyright as well as to submit the claim.

In addition to the policy, the website operator should register an agent with the United States Copyright Office.

While the above identifies a number of eCommerce and internet law issues affecting compliance with the DMCA, an in-depth analysis may be required. For example, the timeliness requirement for the take down has been a hot litigation topic lately. Additionally, the DMCA applies to copyrights only, and does not currently provide a safe harbor for trademark infringement or patent infringement claims. These type of claims stemming from users of the website can be addressed in the Terms of Use or other website agreement between the website operator and its users.

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Alimony, Support and Division of Assets Explained in Pennsylvania

Spousal Support

Spousal Support is available to a married spouse, when the couple resides in separate homes and one spouse earns more than the other spouse. There are defenses against spousal support and it is important to have an attorney assist you in your claim for or against spousal support.

Alimony Pendente Lite

Alimony Pendente Lite is a type of support that is limited in nature and paid to the lesser income earning spouse by the higher income earning spouse in accordance to a statutory formula until the divorce is finalized. This support was enacted to equalize the parties incomes during the divorce proceedings and allow each spouse to afford the divorce process and expenses.

Alimony

In Pennsylvania, there is not a set formula to determine post-divorce alimony. Whether or not to award post-divorce alimony payments lies within the exclusive discretion of the court. The court relies on the following 17 factors to determine whether to award post-divorce alimony.

The 17 Factors of Alimony

  • The relative earnings of both spouses.
  • The duration of the marriage.
  • The ages and physical, mental and emotional states of the two spouses.
  • The sources of income of both spouses. This includes medical, retirement, insurance or other benefits.
  • The expected future earnings and inheritances of the two spouses.
  • The degree to which one spouse has contributed to the other spouse’s education, training or increased earning potential.
  • The degree to which a spouse will be financially affected by their position as the custodian of a minor child.
  • The standard of living of the spouses established during the marriage.
  • The relative education of the parties. This also considers the amount of time it would take for the spouse seeking alimony to acquire the education or training necessary to find employment.
  • The relative assets and liabilities of the two spouses.
  • The property each spouse brought to the marriage.
  • The degree a spouse contributed as a homemaker.
  • The relative needs of the two spouses.
  • The marital misconduct of either of the spouses during the marriage.
  • The federal, state and local tax consequences of the alimony.
  • Whether the spouse seeking alimony lacks sufficient property to provide for their reasonable needs.
  • Whether the spouse seeking alimony is incapable of supporting themselves through appropriate employment.

[1] Title 7, Pennsylvania Code, ยง6102.

Division of Assests

In Pennsylvania “marital property” means all property acquired by either party during the marriage and the increase in value of any non-marital property acquired. However, marital property does not include:

Veterans’ benefits exempt from attachment, levy or seizure pursuant to the act of September 2, 1958 (Public Law 85-857, 72 Stat. 1229), as amended, except for those benefits received by a veteran where the veteran has waived a portion of his military retirement pay in order to receive veterans’ compensation.

Property to the extent to which the property has been mortgaged or otherwise encumbered in good faith for value prior to the date of final separation.

Any payment received as a result of an award or settlement for any cause of action or claim which accrued prior to the marriage or after the date of final separation regardless of when the payment was received.

Property acquired prior to marriage or property acquired in exchange for property acquired prior to the marriage.

Property excluded by valid agreement of the parties entered into before, during or after the marriage.
Property acquired by gift, except between spouses, bequest, devise or descent or property acquired in exchange for such property.

Property acquired after final separation until the date of divorce, except for property acquired in exchange for marital assets.

Property which a party has sold, granted, conveyed or otherwise disposed of in good faith and for value prior to the date of final separation.

Pennsylvania states that the increase in value of any non-marital property acquired pursuant to subsection shall be measured from the date of marriage or later acquisition date to either the date of final separation or the date as close to the hearing on equitable distribution as possible, whichever date results in a lesser increase.

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How To Respond To Settlement Letters In Copyright Infringement Cases

Settlement letters are sent to particular internet subscribers who are identified to have infringed a copyrighted material. Also known as letter of demand (LOD), the letter is usually composed of the name of the infringer, IP address, and all the details about copyright infringement. First of all, getting a demand letter such as a TCYK letter more likely means that you did violate the law and the copyright enforcers have evidence to prove that you have infringed a copyrighted content. Second, it is not advisable to just ignore the letter as it could result to serious legal consequences. So, when you get a demand letter, respond to it. In every illegal download case, ask about the situation or what the letter means. If you ever find yourself as a “John Doe” defendant, here are a few practical tips that can help you in your defense in the lawsuit:

– Settlement amounts are usually negotiable. If you get a TCYK letter or any settlement letter, chances are you will be offered a settlement amount. The figure may be changed depending on your approach or how you attempt to negotiate. So, it would not hurt to try especially if you really did it.

– Among the copyrighted materials that you can possibly pirate, porn bears the most embarrassment and it involves more risks so find a way to settle quickly. Don’t waste your time delaying the case. It is best to make it go away the minute it’s presented to you.

– Do not fight a subpoena. Doing so could only expose your identity. Copyright infringement is not something that you could just take for granted. You need to protect your own identification and avoid a potential scandal that will not help you in any way in your life.

– Fighting a case could lead to more expensive costs compared to every negotiated settlement. Besides the hassle that can be expected in a lawsuit, there are legal fees that you need to consider should you decide to fight a case. You may get a total that could have been avoided if you just settle.

As provided by copyright law, a copyright grants a creator exclusive rights to the distribution or reproduction of his original work. There may be exceptions but initially, the creator owns the copyright of their created work. It would be good if people have a better understanding of how creators such as those in the entertainment industry come up with works of art. But in the meantime, they should focus on how to respond to a letter of demand.

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