The Google Book Scan Lawsuit Decision
I have written before about the Author’s Guild copyright infringement lawsuit against Google for its unauthorized digitizing of copyrighted works. Now, after eight years of litigation, we have a decision. Briefly, in 2005 the Author’s Guild and other plaintiffs filed a class action lawsuit against Google for its “Book Search,” alleging that Google violated the copyrights of authors and...
Read MoreShould You Do It Yourself?
LegalZoom™ advertises itself as a cheaper alternative to an attorney. Intuit, through its “Quicken WillMaker™”, and other do-it-yourself programs, entice people to forgo professional advice, assuring them that the documents they create will be “just as good as one created by an attorney.” These programs and web sites are popular with lawyers, too! Why? Because they make more work...
Read MoreShould You Give It Away?
For wealthy individuals and couples, gifting has always been an important part of estate planning. And now that the gift tax exemption stands at $5 million (5.12 million adjusted for inflation in 2012) and the top gift tax rate is 35%, the tax environment is especially favorable for making large gifts. Gifts of up to $5.12 million ($10.24 million for couples) in 2012 incur no gift tax. BUT...
Read MoreTop Ten Copyright Myths
Myth #1: “To obtain a copyright on my work, I have to register it.” Actually, copyright is automatic when a work is created and fixed in a copy or recorded for the first time (the instant you lift pen from paper, or your word processing software saves to disk). Registration is not required to qualify for copyright protection. Myth #2: “If it doesn’t have a copyright notice, it’s not...
Read MoreCan You Execute?
Being the “Personal Representative” or “PR” of an estate — the modern term for executor — is not a task to take lightly. The Personal Representative is responsible for managing the administration of a deceased individual’s estate. Although the time and effort involved will vary with the size of the estate, even if you are the executor of a small...
Read MoreRevocable Trust Myths
Articles constantly appear and seminars proliferate lauding the benefits of “revocable” or “living” trusts and urging all people of sound mind to create them. These articles or seminars invariably prompt clients to ask me why their estate plan fails to include one of these miraculous devices. This Memorandum will highlight some of the advantages and disadvantages of Revocable Trusts vis‑à‑vis...
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