Bullying is Still a Big Problem

Alone on the School Bus by woodleywonderworks from Flickr

Alone on the School Bus by woodleywonderworks from Flickr

When a stranger belittles a stranger, he’s a jerk. When he hits a stranger, it’s assault.
When a person belittles or hits their romantic partner, it’s domestic violence.
When a parent belittles or hits their child, it’s child abuse.
When a child belittles or hits another child, it’s kids being kids?!?

You’ve got to be kidding me.

National Stop Bullying Day is on February 9th this year. I feel compelled to bring up this topic again because this is a problem that is not going away fast enough.

Bullying is a big problem, and it’s a deadly problem. Suicide is the 4th leading cause of death of youth age 12-19 in the U.S. but it’s the leading cause of death of LGBT teens. Seventeen year-old Josh Pacheco of Michigan committed suicide two months after he came out last November. His family claims his suicide was the result of bullying. The school reported that they didn’t know it was going on, but stories from others have emerged since his death that suggest it was commonly known.

These deaths shouldn’t happen. We all know which kids get picked on at school – you can tell that they’re miserable even if they haven’t directly reported that they’re being abused by their peers. And unfortunately, there are recent reports where families have informed the school that their child was being bullied and they allegedly did nothing. Just this week, there was a report about a mother in Gilbert who moved her daughter to another school because she was being bullied. The girl was allegedly stabbed with a pencil and physically attacked so badly that she had bruises.  The school has an anti-bullying policy in accordance with Arizona law, but officials appeared to ignore it.

This mother did the right thing. She reported the abuse when she learned about it and she took action to protect her daughter’s safety when the school failed to do it. Could she pursue a lawsuit against the school and criminal charges against the perpetrators? Probably, but that’s a personal decision. The mother’s obligation is to her child. I hope the school takes a closer look at their staff’s lack of action when they learned of the bullying and takes steps to remedy it. I suspect the bullies in this situation will move on to a new target unless they are stopped.

If you want to know what laws are on the books in your state regarding bullying, you can look them up here.

If you know or even suspect that bullying is occurring, do something. Don’t say silent and let a child suffer needlessly. And remember, bullying is a learned behavior. There’s a chance that the bullies themselves need help either because they have emotional problems that their family is ignoring it or perhaps the bully is being abused and the only way they know to cope with it is to abuse someone else.

How To Get a Free Consultation with Ruth Carter

Photo by Don McPhee

Photo by Don McPhee

I’m excited to share that I’ve teamed up with Gangplank in Chandler to offer free legal mentoring services on the first Monday of the month from 1pm until 4pm. I can see 3 people for 45-minutes each every month at no charge.

Hello Beautiful by Gangplank HQ from Flickr

Hello Beautiful by Gangplank HQ from Flickr

My legal mentoring hours are a great opportunity to informally bat around your ideas and questions about your projects and business. Coming to my mentoring hours does not create an attorney-client relationship between us. We won’t have any ongoing obligations to each other unless we decide to create a formal working relationship.

Gangplank provides free collaborative workspaces in Arizona, Virginia, and Canada. They provide the physical and social infrastructure for creative people to launch their startups. These are wonderful places for freelancers and new business owners to work. In Arizona, Gangplank has locations on Chandler, Avondale, and Tucson.

I love working with Gangplank. They have a fantastic group of dynamic people who have an enormous amount of creativity and drive. They have a very informal environment and they do incredible work. It fits brilliantly with my desire to be the approachable lawyer who wears t-shirts.

Skulls & Stripes by Gangplank HQ from Flickr

Skulls & Stripes by Gangplank HQ from Flickr

Gangplank in Chandler is located at 260 South Arizona Avenue. Their events calendar shows their mentors’ availability and also all their other events like their weekly brown bag presentations, hacknights, and workshops. They have a wealth of other mentors too who provide assistance in the areas of business, leadership, marketing, design, finance, and technology.

Gangplank is in charge of scheduling the mentoring hours so please check their event calendar for my availability. You can book a mentoring appointment with me by emailing them at chandler@gangplankhq.com.

Please note: my mentoring hours at Gangplank are not for my ongoing clients with whom I’ve created an attorney-client relationship. These appointments are for people who think they might need a lawyer, people who just want some general legal information, law students, anyone else who wants to chat for an hour.

You can connect with me via Twitter, Google+, Facebook, YouTube, and LinkedIn, or you can email me.
Please visit my homepage for more information about Carter Law Firm.

Jonathan Coulton v. Glee – Legal Rip Off or Copyright Infringement?

Jonathan Coulton by Dan Coulter from Flickr

Jonathan Coulton by Dan Coulter from Flickr

I’ve been reading up on the Jonathan Coulton/Glee controversy over Coulton’s arrangement of “Baby Got Back” by Sir Mix-a-Lot and all I can think is “What the fuck, Glee?!?”

Sir Mix-a-Lot is the artist behind the original “Baby Got Back.” When indie singer-songwriter Jonathan Coulton wanted to record a cover of it, he did the ethical and legal thing and purchased a license to use the song. Whenever he sells a copy of his version, Sir Mix-a-Lot gets a royalty payment.

The TV show Glee is about a high school glee club that does covers of popular songs. When they wanted to do a version of “Baby Got Back,” they got permission from Sir Mix-a-Lot to do it, but according to Coulton and his fans, they blatantly ripped off his arrangement without any attribution. It was likely completely legal for Glee to do this, but it was an asshat thing to do.

Here’s how copyright works when it comes to music. When a musician writes a song (think sheet music), he gets the exclusive right to copy, distribute, display, perform, and make derivative works from it. Covers are derivative works, which is why Coulton needed a license to do his own arrangement of the song. He used the same lyrics with a few modifications, but the accompanying music is totally different.

When the musician makes a sound recording of their song (think mp3, CD, etc.), he gets a separate copyright in that. In this case, Coulton may not have a copyright in the arrangement he wrote for “Baby Got Back,” but he does have a copyright in his sound recording of his arrangement of the song.

When “Baby Got Back” aired on Glee, Jonathan Coulton and his fans recognized it as his arrangement instantly, and they rightfully asked, “What the fuck?” No one informed Coulton that they’d be using his arrangement and they didn’t give him credit for it on the show. The show reportedly responded that he should be happy for the free exposure. What exposure did they give him since they didn’t give him the attribution for his work?!

Some people are now questioning whether Glee used some of Coulton’s sound recording on the show. Coulton may not have legal recourse for them using his arrangement of the song, but he would if they used his recording instead of recreating it themselves. We’ll see where the chips fall on this one.

In the meantime, Coulton is doing something totally awesome in response to this situation. He released his version of “Baby Got Back” (in the style of Glee) and he’s donating the profits to The VH1 Save the Music Foundation and The It Gets Better Project. Go buy it! (I did!)

So what’s the lesson from this: Always give an attribution when you use another artist’s work, even if you’re not legally obligated to do it.

You can read more about this story on CNN, Wired, and Forbes. Apparently other artists are also coming forward and saying that Glee did the same thing to their arrangements as they allegedly did to Coulton.

You can connect with me via Twitter, Google+, Facebook, YouTube, and LinkedIn, or you can email me.
Please visit my homepage for more information about Carter Law Firm.

Affordable Legal Services for New Business Owners

One Upon a Time . . . a Direct Line to the President of the United States by AGeekMom from Flickr

One Upon a Time . . . a Direct Line to the President of the United States by AGeekMom from Flickr

Some of the lessons I’ve learned in my first year as an attorney is that a lot of entrepreneurs, especially those who are operating on a shoestring budget, don’t seek out legal services when they start their business. There seems to be three main reasons why a new business owner does this:

  1. They think it’s too expensive.
  2. They are afraid it’s going to be complicated.
  3. They don’t understand the legalities of starting a business.

None of these are valid reasons for not calling a business attorney.

I recently attended a business seminar where a young man admitted he put off creating a business entity for years because he thought it was going to be hard. He was blown away by how easy it was. His fear put him at serious risk because until he created an entity, he could have lost his personal assets if the business was found liable for causing damage to someone because he didn’t have an entity that separated the business’ assets from his personal assets.

Before you assume you can’t afford legal services, call an attorney and ask what you need and what it will cost. Even if you can’t afford everything a lawyer could do for you, a lawyer who understands your situation will work with you and your budget. They will tell you what you can do on your own and likely provide resources to help you do it. They can tell you when it’s worth it to pay an attorney to do something for you, and the ramifications you could face if you don’t.

When you can’t afford to have your attorney draft a document for you, ask them if you could purchase a consultation to discuss how you could do it yourself or if you could draft it yourself and pay them to review it. There will be times when it’s cheaper and better use of your time to hire an attorney to draft the document from scratch than to try to write the first draft yourself. Call the attorney you’d hire to review the documents first to make sure that’s going to the best course of action. It might be more expensive to fix what you wrote.

There may also be organizations that provide cheap or free classes and consultations for business owners in your community. I spend three hours on the first Monday of the month providing free legal mentoring at Gangplank in Chandler. These services are a great way to get your needs met while keeping you within your budget or to free up more of your budget to afford your business’ legal needs.

If you’re a new business owner or thinking of starting a business, please call a business attorney in your community to discuss your legal needs. I’ve worked with enough clients to know that it’s easier and cheaper to do things right the first time than to clean up the mess that results when you don’t.

You can connect with me via Twitter, Google+, Facebook, YouTube, and LinkedIn, or you can email me.
Please visit my homepage for more information about Carter Law Firm.

Choose Your Strategy to Protect Your Work Before Posting it on the Internet

My artwork for Dans office by Romers from Flickr

My artwork for Dans office by Romers from Flickr

A friend recently asked me about a common situation her clients face. They are artists who, before the internet, could only show their work to a large audience at art festivals. She said these artists hesitate to market their work online because they’re afraid that it could be stolen.

Could their work be illegally copied if they show it on the internet? Yes. I worked with an artist last year who had their entire catalog illegally copied.

Should they us the internet to market their work despite this risk? Probably. If you’re an artist you have to weigh the risk of having your work illegally copied against the benefit of reaching a larger audience.

My unsolicited advice to artists is to decide how you want to respond if your work is stolen before you put your work out there and plan accordingly.

  • If you want to sue the people who illegally copy your work, you have to register your copyrights with the U.S. Copyright Office.
  • If you want to license your work, meaning people can pay you for the right to reproduce your work on their sites, you need to have licensing terms and fees. This way people can legally purchase the rights to use your work and you can send a bill to the people who illegally copy your work. This recently happened to a friend of mine.
  •  If all you want to do is force them to remove the image when you detect someone’s stolen your work, you need to understand the Digital Millennium Copyright Act or know an attorney who does who can send the proper takedown notice on your behalf.

When you put your work out there, you should be diligent about watching the internet for potential infringement. Often times people think they can use your work if they provide an attribution and a link to the original. What they’ve really done is made it easy for you to determine who is using your work without your permission.

My two cents on this issue is you shouldn’t let your fears about copyright infringement prevent you from using the internet to market your work if you’re an artist, but you should have a strategy in place in advance for dealing with it when it occurs.

For more information on this and related topics, please check out my book The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed, available on Amazon.

You can connect with me via Twitter, Google+, Facebook, YouTube, and LinkedIn, or you can email me.
Please visit my homepage for more information about Carter Law Firm.

Arizona Cyberharassment & Cyberstalking Laws

It's scary to join an open source project by opensourceway from Flickr

It’s scary to join an open source project by opensourceway from Flickr

When I was planning out my year, I learned that January is National Stalking Awareness month. This inspired me to look up the laws on cyberstalking and cyberharassment in Arizona.

When I think about stalking, I think about the guy who follows you from the shadows and hides in the bushes and watches you with binoculars. They always know where you are and show up wherever you go “by coincidence.” When we first started acknowledging stalking as a crime, the perpetrator had to be within physical proximity to you. In person stalking is still an issue and now we have to worry about cyberstalking too – people tracking you wherever you go via the internet and using your posts against you to know where you’re going and to harass you in person and online. Some of these perpetrators do things like attach a GPS to your car so they can track your movements. Creepy!

Stalking and harassment are different, but there’s often overlap between the two. I think when you’re being stalked, you’re also being harassed once you know you have a stalker but the reverse isn’t always true. You can be harassed without being stalked. These crimes are state law crimes, so the definitions may be different depending on where you live. I recommend you check your state’s laws to make sure that they’ve been updated to include cyberstalking and cyberharassment.

Here are the laws in Arizona:

  • Cyberstalking: Intentionally or knowingly engaging in conduct that would cause a reasonable person to fear for their safety or their immediate family’s safety, including the fear of death. (Class 5 Felony); Penalty: 9 months in jail and up to a $150,000 fine
  • Cyberharassment: Communicating with a person with the intent to harass them or with the knowledge that the person was being harassed. (Class 1 Misdemeanor); Penalty: Up to 6 months in jail and up to a $2,500 fine

There’s also a separate law for harassing someone via electronic communications. The definition and penalty is the same as cyberharassment except that it specifies that it applies to harassing, intimidating, terrifying, and/or threatening someone. It seems redundant.

And that’s just the criminal law side. If you cyberstalk or cyberharass someone, you may also be sued for damages in civil court.

On top of that, you may get in trouble with the company who provided you the means to stalk or harass the person. If you do it from your work computer, you might be fired. If you do it via your school’s network, you could be suspended or expelled. If you do it from one of your social media accounts, you can be kicked off the site.

So what are the take-home lessons?

  • If you’re mad at someone or want to give them a hard time, think twice before you begin your course of action. It may not take much to cross the line into cyberharassment. The consequences might be way worse than you think.
  • If you’re being cyberharassed or cyberstalked, report it – to law enforcement, to the site or company that’s facilitating it, and possibly call a lawyer. Cyberharassment sucks and you don’t have to put up with it.

You can connect with me via Twitter, Google+, Facebook, and LinkedIn, or you can email me.
Please visit my homepage for more information about Carter Law Firm.

Happy Birthday Carter Law Firm!

Raul's Birthday Cake by lokate366 from Flickr

Raul’s Birthday Cake by lokate366 from Flickr

January 4, 2013 will mark the 1-year anniversary of Carter Law Firm. It’s been an amazing year. Some much has happened since the day I sent off my paperwork to the Arizona Corporation Commission and opened my firm’s bank accounts. I’ve learned so much about what it takes to be an effective business owner. Here are some of the key lessons I’ve learned.

1. Networking Can Be A Full-Time Job.
As a solo practitioner I am my business, so when I’m not doing work for my clients, I need to be out there promoting my business and networking with other business owners and potential new clients. I can easily attend 2-4 networking events a week. Networking Phoenix is a wonderful resource for networking opportunities in the Phoenix area. I used it a lot in my early days to learn about the chambers of commerce and other business groups in my area.

Early on, I went to every event I could attend. I learned that it takes a while to find my niches and watering holes where I could find clients and referral sources. I was pleased to become a member of Local First Arizona. It is a great group to meet awesome business owners and they have wonderful seminars.

2. Ask for Help.
There’s no reason for anyone in business to feel like they have to tackle any problem alone. I’ve found there are lawyers and business owners who will share their experiences, provide resources, and be a sounding board whenever I needed it. During the early days of my firm, I was on a first name basis with the state bar’s ethics hotline because I wanted to make sure I was doing everything right. I’m glad I’ve been able to pay it forward by sharing my experiences with other lawyers and business owners.

One thing I’ve learned as a business owner is that things are always changing so it’s impossible to know everything. It’s important to stay humble and teachable. And there are always new people to meet and connections to build.

3. Go After What You Want.
I’ve had to learn to be professionally bold as a business owner and to go after the experiences I want. If there’s a conference you want to speak at – apply. If you want to write a book – do it. If there’s someone you want to meet – send them an email or call them up. Just because you’re the new kid in town, it doesn’t mean you don’t have a lot to offer.

Another thing I’ve learned is you’ll never know how great you can be unless you try. Don’t fear success and don’t sell yourself short just because you have a new business.

I couldn’t be happier about my first year of business. I’m so grateful to everyone who helped make it such a huge success. I’m excited to see what the next year will bring.

You can connect with me via Twitter, Google+, Facebook, and LinkedIn, or you can email me.
Please visit my homepage for more information about Carter Law Firm.

Carter Law Firm’s Top 10 Posts From 2012

Fun with leftover sparklers #10 by yahtzeen from Flickr

Fun with leftover sparklers #10 by yahtzeen from Flickr

It’s been an amazing first year at Carter Law Firm! Thank you to everyone who made it so wonderful. According to my analytics, these were the most popular posts from this year. Enjoy!

 

Speaking at Phoenix Comicon 2012, Ruth Carter photo by Devon Christopher Adams

Speaking at Phoenix Comicon 2012, photo by Devon Christopher Adams

When Can Someone Post Photos Of You Online

What’s Up With The Disclaimers On Facebook

How To Respond If An Interviewer Asks For Your Facebook Password

How To Start A Business In Arizona

Woman Attacks Camera Man On Camelback

Copyright Infringement On Pinterest

Avoid Piercing The Corporate Veil

Creative Commons Images For Your Blog

The North Face vs The South Butt Trademark Saga

I’m An ABA Legal Rebel!

Have a great new year everyone! I’m excited for what’s to come and sharing it with you.

You can connect with me via Twitter, Google+, Facebook, and LinkedIn, or you can email me.
Please visit my homepage for more information about Carter Law Firm.

Register Your Blog’s Copyright Every Three Months

This Sewer is Copyrighted by cogdogblog from Flickr

This Sewer is Copyrighted by cogdogblog from Flickr

DISCLAIMER: Recent conversations with the Copyright Office have led me to change my stance regarding blogs and copyright registration. Please see this post for my updated views.

My cause for the next year is to encourage independent writers and artists to register the copyrights in their work. If you have a blog, you have to register your content every three months to maximize your options when someone steals your work.

I know a lot of people wouldn’t notice if someone stole their content, but what if someone did that to you? What if someone did that to you and it pissed you off? You might want all your options to be open for you then.

The U.S. Copyright Act says you get the most options when someone steals your content if you register your work within three months of publication or one month of learning of the infringement – whichever happens first. For most bloggers that means they have to register their blog content every three months. Here is a simple breakdown of your possible options depending on when you registered your work.

Possibility #1 – You Never Registered Your Content
The law says you have to register your copyright to sue for copyright infringement. If you refuse to register your work, that’s your prerogative, but that means you can likely only send a cease-and-desist letter or a DMCA takedown notice if someone steals your content.

Possibility #2 – You Registered Your Content After Three Months of Publication
You can sue for copyright infringement, but you can only ask for your “actual damages.” This is the amount of money the thief made from stealing your work and/or the amount of money you didn’t make because he stole your work. In the blogging world, your actual damages could easily be $0.00. Most people don’t sue for actual damages unless the thief made bank off what he stole. You’d also be responsible for paying your attorneys’ fees.

Possibility #3 – You Registered Your Content Within Three Months of Publication
You can sue for copyright infringement, and you can ask for “statutory damages.” Statutory damages can be as high as $150,000, regardless of how much money you lost or the thief made from stealing your work. If you register your work within this time frame the court can make the thief pay your attorneys’ fees too. A lot of attorneys ask if and when you registered your work when you come to them with a copyright claim because they suspect you can’t or won’t want to pay the legal fees that go into fighting one of these cases.

Registering your copyright is preparing for the worst-case scenario. Hopefully you’ll never need to deal with copyright infringement, but you may want to have all your options available to you if it does. You can read about my experience registering my blogs’ copyrights in a post I did just after my first registrations. Registering a literary work only costs $35 per application.

If you are a writer, blogger, or artist, please consult a copyright attorney about the best ways for you to protect your work. Many people can register multiple works under one application, but there may be instances where it’s worth it to register a work separately.

You can connect with me via Twitter, Google+, Facebook, and LinkedIn, or you can email me.
Please visit my homepage for more information about Carter Law Firm.

Is That Legal – Christmas Flash Mobs

Coventry Carolers by moonlightbulb from Flickr

Coventry Carolers by moonlightbulb from Flickr

It’s the holiday season and with it comes a usual slew of holiday inspired flash mobs. I’ve seen videos this year of groups of bell ringers standing outside stores and carolers in shopping malls. These groups seem to have the best of intentions, but that doesn’t mean that what they’re doing is permissible.

So When is a Group probably OK?
If a group is on public property (i.e. a public sidewalk or park), not obstructing a thoroughfare or blocking the public’s access to businesses, and not making so much noise that they’re disturbing the peace or violating the city’s noise ordinance, they’re probably ok. Most flash mobs don’t last very long so by the time a scrooge complains to the police, the group will have dispersed before they show up.

'Tis the Season . . . for Shopping by Vince Alongi from Flickr

‘Tis the Season . . . for Shopping by Vince Alongi from Flickr

What about Malls?
Shopping malls are private property, including open air malls. The mall is open to the public to shop; however, they get to decide what other activities get to occur at their properties. When patrons are watching a flash mob, they’re not shopping. Some owners don’t like that. I think some malls don’t want to worry about drawing the line between permissible performances and impermissible ones so they don’t allow any of them in the mall.

Scottsdale Fashion Square has put all flash mob groups on notice that flash mobs are not allowed on their property and that we’ll be arrested for trespassing if we do a flash mob there. They have real police officers on site so that is a threat they can easily carry out. A group did a dance there in 2010 and they were stopped by police and banned from the mall for a year.

What else should you know about Flash Mobs in Malls?
Every mall has a set of rules, but they can be hard to find. They might be on an obscure wall or on the mall’s website. When Improv AZ was stopped by mall cops during the Coroner Prank #2, they gave us a list of rules on cards when they banned us from the mall for 3 months. I didn’t see the rules anywhere in the mall and I couldn’t find them on their website. It might be hard to figure out what the rules are and asking for them may arouse suspicion.

There was one Christmas flash mob in a mall that turned into a safety hazard in 2010. So many people showed up to participate in the singing of Handel’s “Hallelujah Chorus” that there was fears that the floor would buckle. Malls also have limits on capacity set by the fire marshall that you can’t violate with your flash mob.

Some malls don’t allow videotaping, which is a common component of doing flash mobs. There’s a possibility that what you’re doing in the mall is permissible but you can’t tape it. Given that when a flash mob starts, a bunch of people are going to whip out their phones and start taping it, so the chances that a mall cop will stop you versus an unsuspecting audience member is pretty low.

Are there Copyright Issues with Singing Christmas Carols in Public?
It depends. Some holiday songs may not be in the public domain yet. A copyright holder has rights in their work, including control over where their work is performed, for 70 years after the artist dies for all works created after January 1, 1978. Fortunately, I suspect most artists would be happy that you’re promoting their work so they’re unlikely to come after you for copyright infringement even if they could.

You can connect with me via Twitter, Google+, Facebook, and LinkedIn, or you can email me.
Please visit my homepage for more information about Carter Law Firm.