Rick has defended against copyright trolls trying to help small businesses. CBLAINE HARRINGTON VS AEROGELIC BALLOONING LLC and Shane Cory, Colorado case #1:18-cv-02023-msk-nyw, all the way to evidentiary hearing.
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U.S. copyright law protects original works of authorship. Originality and fixation are two fundamental prerequisites to copyright registration under 17 U.S.C. § 102. A work is incapable of protection under federal law unless it is “fixed” in a “tangible meaning of expression”. There are two aspects of originality as developed by the Courts and now embodied in § 102 (a): 1) independent creation by the author; and 2) a modest quantum of creativity. Copyright law protects an author’s expression of her idea but not the idea itself.The common proverb “register early, register often” can also be applied to copyright. An author of a work is only required to pay a $30 federal fee, plus legal fees if a lawyer is used, to obtain federal copyright protection. This precaution preserves very powerful remedies against an infringer. Attorney’s fees and potentially up to a $150,000 fine may be available to a copyright owner for an unlawful use of even a single copy of a registered work under the statutory damages provisions of the U.S. Copyright Act of 1976.
This law firm regularly registers works for solo authors, publishers, and manufacturers. In litigation, we favorably resolved disputes of solo authors against the N.Y. Times, the State of New Mexico and Leon County, Florida.
The following are examples of a copyrightable form of artwork:
He created the flute, then the piccolos and so he made them sound the highest pitches, blending together to form a high society, like a flock of birds.
Next he created the clarinet and all reed instruments including the saxophone, the double reed bassoon and several creatures somewhere along this spectrum, all blending together to form another lower society, like a planet of the apes.
Ah the strings! Violins piercing your ears then dying to be replaced by violas then lastly the string bass. Like life itself or the waves in the ocean, one gorgeous burst of energy briefly living then dying only to be replaced by another frequency of pure energy. All the while forming yet another society like the fish in the sea.
Marching in comes the brass. First, of course, the trumpets, the first chair seamlessly blending in with the second and third chair players. Vroom come the trombones sliding their melodious and intermingled notes into an entrance for the baritone and the tuba. Pomp pomp pomp goes the tuba vibrating the very soul of every other player. Finally the sweet sound of the angels, the French horn, lays an icing of soft cotton candy atop all the mighty brass, forming the glue that binds yet another society together, maybe most like the human race.
Bang bang bang comes the trolley! Starting the percussion section with the snare drum. This sound excites the anticipation of the birth of the cymbal! Crash comes a new life – fading into the death knoll denoted by the base drum, like the birth and death of the stars themselves, bursting forth a new sun and solar system, eventually swallowed by the black hole. The beat of the base drum is the last sound you will ever hear.
All this glistening to angels, harps, chimes and bells.
So the rise and fall of the entire Universe is encapsuled in the percussion section of His orchestra.
Who wrote the music for His orchestra to play? The answer may lie in the only difference between Man and his best friend, his dog. Among all living and inanimate things, only Man can sense who He is.
He is God. He is Allah. He is Bubbha. He is the Indian Sun God. He is the Greek Zeus. He is the Egyptian keeper of the afterlife.
We, Men and Women, of this Earth, are the only creatures who in the past, in the present and in the future can hear the music of our own little orchestra and sense the music of the stars – all of which He created. Peace On Earth. Good will to all Men and Women. May we all be tolerant of all the instruments and religions He created in His orchestra, here on earth, and beyond.
Last year I had to help a friend with a hard experience, a difficult divorce. My friend ‘always was nervous. She always had something bad to say to me about the divorce. She said I was always listening to what she had to say. I never got to talk. I didn’t care, my ears were open to all words.
When she would come over to my house she would tell me how much she hated this whole experience, but she was glad all her friends understood. She thought no one would listen, but she was wrong. She was surprised how much I listened.
We’ve been friends since first grade. I would listen to any problem she has. I treated her like my own sister. I’ve always wanted her to be happy. She has been scared for something worse than the divorce to happen. Unfortunately, she was told she had to choose between living with her Mom or Dad.
I told her she could be as scared as she wants, and she could cry her eyes out. Nothing was more frightening than this. I was anxious for her. What else could I be? She is one of my best friends, I couldn’t just watch her be miserable and sad with a lonely frown.
My friend knew I would understand. She got so sad she would not like to talk, and she always likes to talk. Understanding her and talking about her problem was better than letting it become something that she pretended never happened. Things that happen can never go away.
My Mom and Dad thought I was doing everything I could to help my friend. They were proud I was taking time to listen to her problems. I would tell my friend to stay relaxed. After she was calm, we would talk about why she was upset, and what I needed to do to make her feel better. When we were done talking I would try to get her mind off the divorce. She got it off her mind pretty quickly, and she would feel normal again.
Now she lives in Louisville with her Mom. She told us she is probably coming back next year. I miss her, and there’s no one as unique as her. She deserves all the care my friends and I give her. She was the only one I could think about at this time.
My experience with my friend gave me understanding that I shouldn’t always think about myself because someone could be having a harder time than you might be having. When you think about yourself you become a non-understanding person. Watch your words because they could be more powerful than you think. After this experience it made me wonder what else people could be going through. Now I don’t think about myself that often. I remember to watch out for the feelings of others.