Author: Paul Richardson

EGCR Now Offers Skip Tracing Services!

What is Skip Tracing?

Skip Tracing is when an individual, organization, and/or company have used all their possible resources, but need assistance in locating a person.

  What dose it involve? 

The Skip Tracing process involves collecting and verifying information in order to find the exact whereabouts of the person a client is searching for.

Why Would I Use Skip Tracing Services?

Skip Tracing Services tend to be used for various reasons such as finding a witness for a crime or civil case or for legal matters regarding personal property.

If you are interested in our Skip Trace Service, Contact Us today!

Courts Remain Split on Registration Prerequisite for Copyright Lawsuits

The U.S. Copyright Act, specifically Section 411(a), generally mandates copyright registration – or lack thereof – to exist before a copyright action may be filed in court. Put simpler, while registration is not required to establish valid copyright ownership, it is before you can bring a copyright infringement lawsuit in federal court. So the pressing issue before courts across the country has been whether a claimant need to be registered – or be refused registration – before filing action. In typical legal fashion, the answer depends. In this scenario, it depends on when it is believed that “registration” occurred. As a result, there has been inconsistent court decisions resulting in forum shopping.

 

Registration Approach

Most recently, the Eleventh Circuit dismissed a copyright claim earlier this year. The case involved a plaintiff that had licensed specific syndicated news stories to the defendant who, when the license ran out, refused to take them down from its website. Because the plaintiff had yet to register the stories with the Copyright Office but it did not want to wait to file a lawsuit, it applied and filed simultaneously. Its complaint alleged applications to register the copyrights at issue. The Eleventh Circuit found this insufficient.

 The court followed the Tenth Circuit’s rulings. The registration approach relies on a plain language reading of the statute; until you receive a formal registration certificate you cannot file a copyright lawsuit.

 

Application Approach

 On the other hand, the Ninth Circuit follows the application approach that finds the statute’s definition of “registration” to be ambiguous. This is because some sections indicate no prerequisite to registration beyond a completed application. Furthermore, even if the application for registration is rejected, the plaintiff will be able to sue. The court finds no need for wait for a formality that the Act was intended to eliminate.

 In taking this approach, the Ninth Circuit is following a holding from the Fifth Circuit as well as dicta from the Eighth Circuit. The First and Second Circuits have not rendered decisions on this issue, while the Seventh Circuit has shown support for both approaches.

 

Intellectual Property Help

 If you or someone you know has any questions regarding copyright registration, copyright infringement, or any other intellectual property-related issues, contact a knowledgeable local intellectual property attorney right away. Do not wait to learn about your legal options and make sure you are preserving your right under the law.

Dozens of New Georgia Laws Took Effect This Summer

Georgia governor Nathan Deal signed as many as 275 bills into laws after the state’s General Assembly adjourned this past spring, according to a U.S. News report. More than 100 of these are effective as of July 1. Some are effective immediately, while others will go into effect later this year. Below is a shortlist of changes that may affect you.

 

Concealed Weapons on Campus

The Peach State is one of nine other states that allow guns on educational institution campuses. Those carrying permits must be at least 21 years of age. Alternatively, they can be at least 18 years old with proof of basic military training or active service in the military. The new law excludes on-campus preschools, disciplinary hearings, faculty or administrative offices, and classrooms used by high school students enrolled in college courses. Concealed weapons are also not allowed on dormitories, fraternity and sorority houses, and athletic facilities.

 

Public Safety

 The list of places where a newborn may be left without prosecutions has been expanded to include fire stations and police stations. Previously, only medical facilities – including hospitals and health centers – were safe places under the “Safe Place for Newborns Act.” The law only protects the mother of a child who is less than 30 days old. Language was added to the law allowing a mother to leave a child anonymously.

Another Georgia law allows domestic violence victims who have changed their names to request records of the change be closed for their protection. Domestic violence advocates note that an attacker may use court documents to learn a victim’s new name and continue contacting or harassing them.

 

School Police Training

Georgia now requires a council focused on police training to generate a course specific to officers who act as school resource officers. The law suggests – it is not mandated – that training should include 40 hours on various subjects including gang and drug awareness, search and seizure law within the school context, as well as interviews and interrogations with minors, including those who may have mental health issues.

 

Expanded Judicial Watchdog

 Georgia’s judicial watchdog agency has been changed since its inception in the 1970s. Specifically, the number of members of the Judicial Qualifications Commission has increased from seven to 10. The commission is divided into two a seven-member investigative panel and a three-member hearing panel. The panel members are prohibited from speaking to one another about any incapacity or disciplinary matter. The changes in the law also grant legislative leaders the authority to appointment members of the commission. Legislative leaders may also strip appointments from the Georgia State Bar.

 

Keep Up with Legislative Changes

It is important for legal practitioners and the general public to keep up with changes in the law because these revisions can directly affect your day-to-day life. If you, or someone you know, has questions about the recent changes in Georgia’s laws,contact a knowledgeable attorney today.

 

 

EGCR’s Fun Legal Fact of the Week

EGCR’s Fun Legal Fact of the Week is here to help you get through the work week by sharing a random fact about a state law, regulation, and more!

The Real ID Act of 2005 was established on May 11th, 2005, which is considered to be an Act made by Congress.

This act allowed citizens to use state issued Driver Licenses and ID cards as acceptable methods for official purposes regarding the Federal Government. Some examples would be: boarding a commercial plane, accessing nuclear plants, and entering a Federal Government Building.