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"Recording Industry vs. The People"

By Ray Beckerman

Blog

How the RIAA Litigation Process Works

Index of Litigation Documents

Directory of Lawyers Defending Against RIAA Lawsuits

Link to contribute to legal defense of consumers being sued by RIAA

Table of Cases

Ray Beckerman is a New York City-based attorney active in representing defendants in the RIAA's lawsuit campaign against consumers. He is a partner with Vandenberg & Feliu, LLP, and a member of the Electronic Frontier Foundation. Most of the litigation documents published here are available to the public online at Internet Law and Regulation, a publication of legal publishers Pike & Fischer.

Recent Blog Posts

The latent danger of false treatments and copyright pills to lose weight

As every year, men and women try to rush the natural times? to shape their bodies, lose weight and look better physically. The trouble is bad advice when trying: in just a couple of weeks everyone wants to look beautiful and slender, but times do not give.

In the frame of that hurry, is where the treatments ?? that promise to shorten the times and act real wonders in our organisms. There is everything: diets, pills, creams, auriculotherapy and products ??? miracle ??. All of them, promise to transform our plump bodies into works similar to the sculptures of Michelangelo in just a matter of weeks.

However, most of these treatments do not work: they are just a “bounty hunter”? to catch desperate dupes. In many cases, they are naive people who fall into the trap only because they see that there are doctors behind many of these treatments, endorsing them. However, this is not a guarantee that they are effective, but “very profitable”.

A necessary question: Who can guarantee that a treatment is efficient and effective? For now, the scientific method, which seeks answers through exhaustive testing, passing various phases of experimentation.

Needless to mention that the methods that will be described in this article, have never gone through even the basic steps of the methodology of science.

The treatments ?? fat solvents?

One of the organisms that usually check ?? officially ?? What methods can be viable when improving physical performance is the Food and Drug Administration (FDA), the North American body that regulates food and medicine in the United States. and that approves or warns about public health fraud.

By case, few know that the FDA has made timely observations about the treatments used to perform lipodysolution ?? dissolution of body fat ??, adding that they are completely useless.

“The procedures, known by names such as lipo-solvent, mesotherapy, lipotherapy or lipolysis by injection, involve the transfusion of unproven drugs,” Dr. Janet Woodcock, director of the FDA’s Center for Drug Research and Evaluation, said in a timely manner. through a hard statement.

The reality indicates that the so-called treatments? Fat solvents? they show zero effectiveness? and, according to the aforementioned body, those who sell them should stop lying about their operation ??

Pills that are not harmless

The doctor told me that he worked with homeopathic recipes and that along with the diet he was going to give me some pills with yuyitos to control the anxiety. All natural, he repeated to me. In one week I lost three kilos and a half, but I started to feel bad: I woke up with the pressure on the floor and could not raise it. I sent them to analyze the pills and I discovered that they had amphetamines, “said Silvina Mas in front of the press requisition. It is not about anyone, but a physical education professional and former player of the Argentine national team of field hockey.

Her experience was traumatic, since the treatment to lose weight not only affected her health, but also kept her away from sports for half a year. It is that, due to the presence of amphetamines, an anti-doping control test was positive and sanctioned.

Silvina is not the only case, but one of the thousands of people swindled in offices disguised as “naturalists”? that, without the patients’ knowledge, treat obesity and other ailments with dangerous cocktails that include amphetamines. In general, they act in connivance with pharmacies and bill millions.

The pills that are prescribed have amphetamines or some of their derivatives, sedatives to counteract their exciting effect, and diuretics, whereby the patient eliminates large amounts of fluid in a short time and loses weight quickly, but not body mass ?? detailed timely, Susana Gutt, head of Nutrition of the Italian Hospital to the newspaper Página / 12.

Amphetamines or their derivatives act on the central nervous system by inhibiting the appetite and increasing the caloric expenditure. The effect seems magical. Patients are not hungry and also burn more calories without doing physical exercises. But these substances are not innocuous. ?? They produce irritability, insomnia, excitement and also act on the cardiovascular system, generating palpitations and tachycardia. Therefore, they should only be used under strict medical supervision, by very studious professionals, in patients with a very large overweight, warns Jorge Braguinsky, director of the Graduate Course in Clinical Nutrition at Favaloro University.

Diets and yo-yo effect

The word diet comes from the Greek ?? Dayta ?? and means ?? lifestyle? It is the set of food that the human being consumes in a certain period of time. A diet can be considered balanced when the variety and quantity of the food that compose it allow a good functioning of the organism, protecting the health. In the opposite direction, a bad diet is one that lacks richness and variation in food.

Nowadays, the word diet is associated with a kind of mechanism to achieve control, particularly, Pastillas para Bajar de Peso Rapido. There are all kinds: dissociated, grapefruit, fat burner, liquid, gelatin, moon, etc. None of them is effective, since by causing rapid weight loss, they reduce fat and water, but also muscle mass. Therefore, when the diet is left aside, the lost weight is quickly recovered, also quickly, but now in the form of fat. It is what is known as the “yo-yo effect”.

Actually, to lose weight you have to modify lifestyles, replacing them gradually and permanently with a balanced and healthy diet, accompanied by regular physical exercise. Always under permanent medical supervision, to know if the body is being over-demanded in any way.

One thing to keep in mind is that obesity is a chronic disease without effective treatment: it can be controlled, but it can not be cured.

The benefits of using a steam mop using the download manual from the internet

Steam mops are mops propelled by electric power are applied simply without chemical compounds and only benefit from intense heat, heavy steam temperature to disinfect, as well as floors to clean thoroughly. A cloth made of very soft cloth or microfiber is commonly used in the front of the steam mop to remove almost all dirt from floor surfaces. Most excellent steam mops make the use of a compartment to retain water and provide a heavy steam that is exactly dry.
Steam mops work by boiling water from the bag at a high temperature in most cases near one hundred and twenty degrees. The heavy dry steam jet from the front of the steam mop with the help of the microfiber cloth captures the soil and cleans the surface. This type of high temperature is the reason why 99% of bacteria and other domestic creatures such as termites are easy to eradicate. In wood and laminate flooring floors and hardwood flooring surfaces, you can restore the shine and clean the stains that lead to it appear to be new!

In some of the new steam mops, the head allows to modify on the fabric to use twice the total amount of floor surfaces. The steam mop comes equipped with several types of pads for cleaning. One of hypersensitivity carpets / floors such as high wooden floors price and others for the supply of power washing in the tile floor coverings.
There are numerous styles of floor surfaces that the Steam Mop will be able to clean and disinfect including carpets, plastics, tiles, laminate floors and solid wood. The high temperature in the heavy steam collapses the dirt allergens while the ones of the cloth soft the dirt on the fabric by only an incredible clean that produces completely no scratch. The specific steam weight of such good steam mops as the Haan SI-A70 steam mop generates a dry steam which means that it is not any water droplet of steam. The soft cloth are also conveniently exchanged and give a fantastic way to finish cleaning without the headache!

Most people of all love to make use of the steam mop during the typical mop, since it will have basically no chemical scrubbing, in addition to cleaning their floor surfaces. By having a very small amount of water you will be able to scrub substantial parts of your home or office in a matter of just moments. Mops gone out of fashion have a series of chemicals that produce dangerous odors for newborns and people. These chemicals that happen to be in the home are also vulnerable to getting ingested by children and newborns. Having a natural, chemical-free steam mop inside the home can reduce these types of risks dramatically!

The Haan steam mop is considered the most up-to-date and best steam mops technology for the home and office. The multi-position steam mop has a couple of features. The correct posture position allows for easy cleaning for all types of carpets / steam floors, the second is a hand-held steam connects to the appliance that can be used in other more precise treatments, for example, countertop kitchen design, sinks, kitchens , barbecues and simply what will mean a bacteria cleaning without steam. With the most recent technological innovation, you will not have to worry about the high heat produced from the Haan steam mop. The mop will turn off immediately when problems or failures are discovered. The use of portable steam,
In short, clean steam mops and purifies your floor with no chemical! Using the latest mop steam mop technologies, for example, the Haan steam mop, you can use the hand-held steam cleaning function to completely clean other surfaces besides plants, such as kitchen-tops, appliances and ranges. Even though the market offers a different range of steam mops, there is only 1 steam mop that still gets the excited crowd and that is Haan’s brand and his new haa SI-A70 Steam Mop.

How To Protect Your Photos On The Internet? Rights, Licenses And Contracts

As you begin to gain experience as a photographer and see as you portrait photography tips and begin to become more professional, you are likely to begin to consider breaking the barriers of your computer and go out to show your art to the world. But: what if they rob you of those wonderful ideas and photographs that cost you so much to build?

The Internet represents an incredible opportunity for photographers because anyone in the world can be viewing a photograph of you seconds after you’ve posted it, you can even sell a photo to a person thousands of miles away or put together a virtual gallery for That the tourists of the network visit daily. Internet is the medium and your imagination is the limit, but: is it safe?

There is nothing better than a map to be able to navigate the sea of ​​Internet possibilities without getting lost on the way (or getting into trouble). Publishing and selling your photographs should stop being a utopia to become a reality.

How to protect your photos?

Despite the innumerable benefits and possibilities that the Internet gives photographers like you, to be able to take full advantage of them without suffering any fuss, it is necessary that you know both your rights when sharing your work and also your obligations to the work of others .

Blogs, social networks and online stores can be an excellent way to get to know you in the world of photography, but do you know what your rights are when you upload your photos and what precautions should you take in doing so?

The photographs are trimmed by what is known as “copyright and intellectual property” and each country has its legislation in that regard.

Your rights as a photographer

Law of copyrights and intellectual property:

Both in Spain and in other countries, laws run well behind the needs of citizens, and photographers are no exception. In fact, the Spanish intellectual property law, for example, was sanctioned in 1996 and is still in force today, despite the sudden changes in the medium in which photographers share their work.

With a simple Internet search you can access the text of the copyright law for your country. I recommend that you take a look to have a general notion of what your rights and obligations as author and citizen.

Types of licenses:

When you share your photos on the internet, what you should consider are the permissions that you are willing to give to people who can run into them. Since the authorship is inalterable the rights here in the game are those of use of your photos, that is to say, under which license of use you will share them.

Copyright: is the most used license of use and in which the author reserves each and every one of the rights on his work: only he can use, distribute or modify it. If a third party is interested in using one of your photos protected under this license, you must request an explicit permission or you must pay for the rights to use (never authored). Without your consent they can not use your photos, not even naming you as author.

This type of license is often used by large chains, companies and prestigious photographers, but also its popularity is that, if a photograph is shared without specification of the type of license of the same, it is automatically protected by the license Copyright

If you are a super jealous photographer of your work and you are a little reluctant to share your photographs on the internet, this type of license could give you a little more security when you do it.

• Copyleft: is a license in which the author allows his works to be used, copied and distributed with the only obligation to recognize the authorship of the works.

In spite of being a license that protects the copyright of your photographs, unlike the copyright licenses, these do not require any author authorization for their use. Just mentioning who is the author of the same is enough.

This type of licensing gave rise to the multiple types of licenses for distribution of digital content on the Internet, including the well-known Creative Commons.

Creative Commons why not?

If you’re taking your first steps as a photographer, you’re probably more interested in spreading your photos than making money from them. Believe it or not, the type of license you choose when sharing your photographs can influence the diffusion that reaches your work.

Sharing your work under more permissive licenses does not imply that they are not protected, but rather the opposite. It is more advisable and safe to share under Creative Commons licenses, than under the strict copyright: Why? Because controlling that nobody on the internet use your photographs without your permission is almost impossible and carrying out a trial can become very expensive.

On the contrary, offering some rights to your images does not seem to be a bad deal if you are guaranteed to get more publicity about your work. You can think of it as a “win, win” situation: you gain diffusion and those interested can use your photographs, under the conditions that you establish and recognizing yourself as the author of them.

FDA Looks at Homeopathic Products for Weight Loss

UU. Said Tuesday they will take steps to remove GCH products from the market, which are controversial, unapproved and carry illegal labels.

GCH is the acronym for human chorionic gonadotropin, a hormone produced by the human placenta and found in the urine of pregnant women. The products are usually given in sets with extremely low calorie diets, up to 500 calories a day, which worries some experts because of possible health effects.

According to the US Food and Drug Administration (FDA) The companies that market the over-the-counter GCH weight loss products labeled “homeopathic” received Tuesday warning letters from the FDA and the US Federal Trade Commission. UU. The letters warned companies that they are violating federal law by selling unapproved drugs, and by making unconfirmed claims about the products.

In the USA GCH is approved as an injectable drug to treat some cases of female infertility and other medical conditions but is not approved as an adjunct to weight loss.

The FDA noted that GCH weight loss products are sold online and in stores like drops, pills and oral sprays, even though there is no evidence of its efficacy or safety.

Visitors to a manufacturer’s website included in FDA measures called The Original hcg drops are informed that they can “lose 20 to 30 pounds (9 to 13 kilos) in 30 to 40 days” by taking the product. The company also claims that GCH “tells the body to release abnormal fat” and “conserve lean muscle, all designed to establish a new body weight and reprogram the metabolism.”

However, the FDA is particularly concerned, because the labels of homeopathic GCH products for weight loss usually advise consumers to take the product in conjunction with a very low calorie diet. But there is no substantial evidence that GCH products help people lose weight, according to the agency, and people who follow these severely restricted diets are at increased risk for problems such as gallstones, electrolyte imbalances And disorders of the heartbeat known as arrhythmias.

“These products are sold over-the-counter on websites and in some retail stores, and can be found in drops, pills and oral sprays,” Elizabeth Miller, acting director of The Division of Non-Prescription Products and Health Frauds of the Compliance Office of the FDA’s Drug Evaluation and Research Center.

“Currently, there are no GCH products to lose weight approved by the FDA,” he said. “The FDA believes that it is important for consumers to understand that these products are potentially hazardous if they are taken as directed.”

Neither the FDA nor the Federal Trade Commission know how many people use these products.

“The indication is that they are marketing a lot on the internet, and that suggests there are buyers,” Richard Cleland, an assistant director of the FTC’s Advertising Practices Division, told the press conference. “A survey that we conducted several years ago on all kinds of diet products indicated that nearly five million Americans a year are victims of weight loss scams.”

One expert agreed with the FDA’s measure.

“The HCG diet is a typical fad diet that abuses people’s despair at losing weight,” said Samantha Heller, a dietitian, nutritionist, exercise physiologist, and clinical nutrition coordinator at the Hospital’s Cancer Care Center Griffin in Derby, Connecticut. “Not only is it dangerous for people to consume only 500 calories a day over time, but the safety and efficacy of taking GCH to lose weight has not been established. A starvation diet can result in emotional, psychological, and physiological damage.” .

The companies have 15 days to notify the FDA of the steps they have taken to correct the violations described in the warning letters. If they do not respond, companies could face legal action, which includes confiscation and judicial restraint, or prosecution, the FDA said.

“Misleading advertising of weight loss products is one of the most prevalent types of fraud,” said David Vladek, director of the FTC’s Office of Consumer Protection. “Any advertiser who makes health claims about a product is required by federal law to back them up with competent and reliable scientific evidence so consumers have the accurate information they need to make good decisions.”

The companies that received the warning letters are: HCG Platinum, LLC manufacturers of “HCG Platinum”, “HCG Platinum X-30” and “HCG Platinum X-14”; HCG Diet Direct, LLC, HCG Diet Homeopathic Drops Manufacturers; Theoriginalhcgdrops.com and resetthebody.com, which market “Homeopathic Original HCG” and “Homeopathic HCG”; Natural Medical Supply, whose products include “Alcohol Free hCG Weight Loss Formula”, “hCG Diet Pellets Weight Loss Formula”, and “hCG Diet Drops Weight Loss Formula”; Nutri Fusion Systems LLC, manufacturers of “HCG Fusion 30” and “HCG Fusion 43”; And hcg-miracleweightloss.com, who market “HCG Extra Weight Loss Homeopathic Drops.”

Data Protection opens file to SGAE for recording a wedding without permission

The Spanish Data Protection Agency has initiated a sanctioning procedure against the General Society of Authors and Publishers (SGAE) for recording without permission a wedding and bringing the video to a trial, in which it claimed copyright, which can lead to a Fine of up to 300,500 euros.

The SGAE, in the context of its suit against a hall of celebrations in Seville, hired a detective, who slipped into the wedding and recorded the audience dancing to the rhythm of songs allegedly protected by copyright.

Null video

The wedding hall was condemned to pay 43,179 euros for copyright on the basis of other peripheral evidence, since the judgment of the court of Mercantil Sevillano declared the video null because it constituted “a clear violation of the constitutional right to privacy and to own Image “even more when it was executed” in secret, when the celebration was already advanced “.

Upon hearing the ruling, the Association for the Protection of Consumer Data (Consudato) denounced the facts to the Data Protection Agency, which has opened a sanctioning file to the SGAE for a possible serious infringement, with a fine drawn from among 60.101 and 300.506 euros .

The resolution, to which Efe has had access, says that the Personal Data Protection Act 1999 states that “the processing of personal data will require the unequivocal consent of the data subject”, which according to the complaint is not Fulfilled in this case.

The resolution says that the video contains images “of a celebration in a closed room where the audience is distinguished and with photo booth hire sydney, and also one of them can be identified”, and there are indications that the personal data were subsequently used “with an infringement Of the principles and guarantees “of the aforementioned law.

Even the SGAE, in its application to the court, announced the delivery of a “detective report, which has attached a video tape,” added the resolution.

Marriage lawyer Joaquín Moeckel told Efe that this file may set precedent since the SGAE, in its fight to obtain the payment of royalties, is bringing to courts of all Spain similar tests recorded by detectives.

The court of Mercantil number 1, in its sentence, said that a wedding is a social event “private, proper and reserved” and can only attend “those who want the contracting parties and are invited”.

Therefore, the court declared unlawful the proof of the video but condemned the room La Doma de San José, located in San Juan de Aznalfarache (Seville), to pay 43,179 euros for copyright.

The ruling was based on the detective’s oral report, which testified that the premises are 350 square meters, which “organizes all kinds of celebrations” and also has environmental music devices, which “makes presumed” the issuance of protected works « As one more service that lends itself to the clientele “.

The SGAE has argued on previous occasions that this type of evidence is “absolutely lawful and in accordance with the law”, but the ruling established that it is an “illegitimate interference” in constitutional rights “to personal, family and personal privacy ‘.

TRAINING IN THE CLEANING INDUSTRY

What is the real point behind the training? Education is an incredibly valuable activity when the goal is to create a more open minded group of pupils so that they can navigate obstacles in the future with confidence and accurate knowledge.
Training in the cleaning industry is very important in specialized areas of the industry for a variety of reasons. However, large amounts of money are used to provide funds for areas of expertise that do not fall within the “specialized” ones . These include correct management skills, So that facility managers (GI) can provide their own personnel with service training; And certify that staff, in turn, have correctly understood where to turn as members of a group.
Although they are incredibly valuable companies in themselves that help to raise the level of the industry by making visible the need for communication and appreciation in themselves, it is necessary to ask a question: Is money spent on training in the best way possible ? Are we teaching outside the areas of expertise as an imaging technique, or are we giving substance to something that is essentially normal, in the skills to learn work to the detriment of saving money for better equipment, Uniforms or payment of wages?
In an industry that has notoriously little money to spend on workers, are these teaching efforts taking away the little “cream” we have left?

Andreas Lill , general secretary of the European Federation of Cleaning Industries (FEIL) tells us why training staff in daily manual labor is worth the extra funding. He tells us: “The staff needs training especially for daily cleaning; Certain routine is necessary. Helps employees to be more organized, to be aware of the proper use of machinery for example, for health and safety reasons. ”

Marek Kowalski of Polish Cleaning Association (APL) , Who has recently launched a nationwide initiative to raise the profile of better-trained employees, comments: “The daily cleaning staff must be very well trained because they work under the watchful eye of the customers. That’s why they should be trained, not only in how to clean, but in how to develop customer care skills. ”

As for customer service skills, can they be learned beyond just going out and doing the work ? Perhaps what the industry is looking for is not better trained personnel, but staff who have more confidence in what they learn about move out cleaning melbourne services?

With greater confidence in their own workers, Industry officials can be more confident that the market is operating as it should from below. That your cleaning staff appreciates your work, and they have self motivation to want to learn more.
So can training give workers the impetus to work diligently, and pay more attention to the details of tasks? Or are we spending more money on making industry management feel confident about wanting their employees to work that way?

Lill says of the importance of training: “Yes, it’s very important. The low image of the industry is partly due to a lack of training, with the effect of low retention of staff. If the employee sees his employer spending on it – through training – it will help them feel appreciated,
And to continue working.
In addition, they will increase their chances of making a career in the industry, which will once again raise the image of the industry. ” Of course, the connections between better training for staff, better employee morale, and industry image elevation have a lot And are very difficult to discuss. But we still wonder, why money is spent on training in nonspecific tasks every day, basic cleanliness, when levels of staff morale, and retention of staff would also improve if the money went directly to their salary, or in security Socializing of immigrants, having careful managers, comfortable uniforms, or the latest equipment with ease of use. Maybe having faith in these will help the people in the industry to find the image enhancement they are looking for while doing training.

Local Gynecologist – How To Find The Right One Not a Copy

When it comes to your reproductive health, finding the right doctor should be a priority so you can ensure that each visit will not be as distressing as the first. A gynecologist plays a crucial role in the lives of all women, especially when she and her husband are starting to plan a family. Not only do gynecologists help ensure that your reproductive organ has optimal health, it can also help prevent future problems you may have, depending on your personal propensity to develop certain conditions. Appropriate exams are prescribed, and recommend the best treatment and prevention options you can take to keep your reproductive system intact and healthy.

The following are important tips to follow when looking for Dr. Right:

* Gynecologists are responsible for your overall reproductive health. However, they can also specialize in different areas such as obstetrics, which focuses on prenatal care and childbirth. He knows exactly what he needs to make sure he is receiving the comprehensive care he deserves. Ideally, you should find a gynecologist who is also an obstetrician so you will not have to find an independent doctor as long as you want to conceive.

* Find a gynecologist and clinic that has a solid reputation. You want a trusted doctor with some of the most intimate information about your body. Setting high standards for the doctor will choose and choose only a highly prestigious professional. Do your homework and check the hospitals and clinics the doctor is working on so that you can form an informed opinion about him / her.

* Seek recommendations from trusted friends and loved ones. The recommendations of people you trust are extremely valuable, especially when health care is concerned. Your friends and family are reliable resources that you can turn to if you want to access trusted doctors who will really put your needs first.

* Choose a gynecologist can be comfortable. Developing a certain comfort factor with your gynecologist is extremely important, especially with the nature of the relationship you are going to have.

* Find a gynecologist who is within reach of your home. During prenatal control, You will need to visit your gynecologist more often, so it is best to find a clinic that is nearby. Proximity is your friend, especially when you go into labor.

* Finally, choose a gynecologist who is readily available to cater to your needs. Find out which one can set appointments with ease to ensure immediate care.Miriam Sorkin is the director of the office at Fairfax OBGYN. Dr. Sorkin is a leading surgeon and has an amazing background in the gynecologist field. The main objective of the clinic is to treat each patient individually with their specific problems and to create a personalized treatment plan to solve all their problems. It offers a wide variety of OBGYN services for women,

Faucet dripping and broken cistern: does the landlord or tenant pay?

Dripping faucets, cast light bulbs or strips of blinds and always the same dispute between owner and tenant. Who is the payment of certain bills in the rental of a home? They are quicksand open to a multitude of interpretations that lead lawyers, consumer associations and even the judges themselves. “It is impossible to give a universal response and we must see each case in particular to know who corresponds to pay,” says Pelayo of Salvador Morell, a lawyer at the firm ofSalvador Real Estate Lawyers.

As a general framework, and according to the Law on Urban Leases (LAU), the lessor is obliged to carry out, without the right to raise the rent, all repairs that are necessary to preserve the dwelling in the conditions of habitability to serve the Agreed use, except when the deterioration of which repair is imputable to the lessee. For example, major fixes or replacement by obsolescence of appliances and furniture run on their own. However, the thing changes if the washer jam is hijacked by a tenant negligence. For this reason, the technician’s report is the key where the cause of the break or breakdown is indicated, remember from Provivienda.

For its part, the lessee has the obligation to maintain the house as if it were own by carrying out the necessary small repairs that require the wear and tear of the ordinary use of the house. “The obligation under Article 21.4 LAU could be summarized as follows: Take care of the house as if it were yours and do not expect the landlord to send you a handyman for any small thing,” De Salvador says.

SMALL REPAIRS . What is a small repair? This is the source of all disputes between landlords and tenants. Many end up in court. “If a light bulb is blown, a door knob falls or a mirror breaks, the tenant must take charge, according to the case law, if the cost of repair is less than 150 euros,” they say in Reparalia. The Provincial Court of Murcia in a 2001 ruling stated: we are facing a small repair when “the invoice is approximately half the current cost of a new washing machine.”

Thus, Touchless faucets, dripping cisterns and radiators, blinds, door fittings, lock changes, the arrangement of heel boards, the repair of the sink siphon or a bed frame are minor repairs and are, therefore, By the tenant. Now, there are those who consider the time factor to determine responsibility. “If the tenant has just entered it is for the landlord to deliver the thing in state of use,” they say in Provivienda.

But as it is not always so, and to avoid paying the tank to the month of rent, it is advisable to thoroughly review the floor. Moreover, in the drafting of contracts, it is increasingly common to distinguish clearly between small repairs by the lessee and repairs to serve the agreed use by the lessor. To avoid abuses it is important to remember that if the contract includes agreements that modify what is specified by law to the detriment of the tenant will be considered null.

It is clear that everything else – the walls, the floor, the roof, the pipes and all the elements that are there static – are part of the structure and are repairs at the lessor’s expense.

BOILER . The boiler is one of those issues that generate more controversy. According to the lawyer of the firm of Real Estate Lawyers, “the replacement or major repair will correspond to the lessor – provided there is no fault of the lessee – but not when it can be framed within the concept of small repair. And he continues: “Most of the time you pay with the gas supply contract the periodic reviews of the boiler. Who is it? In my opinion, the tenant, because it comes within the maintenance of the thing and also fits with the concept Of small repair “. It sustains its argument with a sentence of 2011 dictated by the Audiencia Provincial of Barcelona,

Other judges have followed different criteria. In a 2006 ruling the magistrate says that the repair of the boiler pump, which amounted to 60% of the amount of a monthly rent, can not be qualified as a small repair. “It corresponds to one of the repairs that must be faced by the landlord to keep the property leased in suitable conditions of habitability, as it is an essential service for a house in Madrid during the coldest months of the year.

When the motive is a poor functioning of the boiler since the beginning of the contract, the responsible also is the landlord. And more if you can demonstrate the assiduous presence of the technical service.

PLUMBING . Examples of small repairs, such as the repair of a toilet bowl or a faucet, are those of the tenant, but not the humidities and tiles that move – they are considered to be necessary repairs At the owner’s expense.

“If a pipe jam is due to the fact that certain materials have been flushed to the toilet, the repair is paid by the tenant. If it is due to external factors (poor state of the pipes or general facilities of the house or building) then it is done Charge the landlord, “point from Reparalia.

ELECTRICAL APPLIANCES . These are the great repairs that must be faced by the owner. According to Reparalia data, “4% of incidences in the household registered annually are due to complications with this type of apparatus.” Although, again, you have to take care of the reason why the refrigerator or the dishwasher have been damaged. If an appliance breaks due to the tenant having thrown a product that has interfered in its good functioning, it would have to bear the cost. If that same appliance is broken because its useful life has expired, then the landlord must replace it.

ELECTRICITY. Problems with the electrical installation fall within the responsibilities of the owner of the house, except for small repairs, such as changing a plug that costs about 50 euros.

What the tenant can not do is ask the landlord for a complete change of the electrical installation in case he wants to increase the contracted power to service new elements that he installs, says lawyer De Salvador. A different question is whether the power is not enough to serve the elements that the lessor has installed, since the housing “would not serve the agreed use.”

WHAT YOU NEVER MUST DO . Even if the owner disregards his obligation to replace or repair an appliance, you should never stop paying the rent as a form of pressure because it could resolve the contract and initiate eviction. “In the absence of a landlord’s case, he must be required to make a reasonable period of time (burofax preferable) to repair it, giving him a period of time, and if he does not pay, repair the tenant and go to verbal claim for a claim 2000 euros) to recover, “explained in Provivienda.

The world of cinema faces copyright disputes

Hollywood’s big productions attract complaints as magnets. The complaints receive in the mail the legal departments of the big film producers seek compensation or economic agreements for infringing any protected right. At other times, as usually happens in biopics – biographical films – simply seeks to protect the public image of a known character.

The last case known has as protagonists the Spanish director Nacho Vigalondo, his new film Colossal and the producer Voltage Pictures. The plaintiff, the Japanese company Toho, claims that the tape advertises and sells “an unabashedly” an unauthorized film version of Godzilla and infringes on the property rights of this character, which he owns.

For Pablo Hernández, responsible for the area of ​​media and entertainment of the firm Elzaburu, this situation is quite surprising. “Producers take great care in the licensing of the rights they need, thus protecting themselves from all problems arising from lack of authorizations, as in this case.” The lawyer understands perfectly the performance of the Japanese producer, couchtuner and states that if the rights holder has indications that a film is attempting against one of them, “it is normal to warn you as soon as possible, in order to avoid being understood That there is some kind of tolerance or that the holder does not consider that it is an infringing use “.

No film

The most surprising thing about this issue is that Vigalondo has not yet started filming Colossal and Toho’s complaint is based exclusively on the press dossier he distributed among different investors at the last Cannes Film Festival to get funding. This means that Vigalondo has used the image of the famous Japanese monster in his presentation notes, but could dispense with his services in the film.

For Hernández, this aspect, however, does not seem to remove Toho’s legal basis for filing a complaint. “If the character of Godzilla did not finally appear in the film, the Japanese producer would not appeal to a case of copyright infringement, but it could denounce the filmmaker for unfair competition or infringement of trademark rights.”

Hernandez points out that the most common cases of complaints are centered on intellectual property issues, as has happened with the film about the character of Sherlock Holmes , Mr. Holmes , in which the heirs of Arthur Conan Doyle have denounced the producer of the Tape for not paying royalties on the works on which the film is based.

However, the lawyer said that they usually do not have to do with the main contents of the film – as in the case of Vigalondo – for which the authorization is obtained and the operating licenses are paid. “I would say that the most common cases of license failures have to do with non-main content, where there may be certain oversights. In this case, we would be talking about pieces of music, designs, drawings or accessories”, explains the lawyer.

Iron Man and biopics

Marvel and Disney, producers of the blockbuster Iron Man who are currently preparing their fourth installment, are facing a lawsuit filed by cartoonists Ben and Ray Lai for the design of the armor of the eccentric superhero. The Lai brothers allege in their complaint filed in Massachusetts federal court that the armor used by Iron Man is a clear copy of the designs developed for the character Radix created by the Lai for a series of comics published by Horizon Comics Productions. The brothers have applied for a million dollar damages and damages to the producers of this franchise, Marvel and Disney, as well as a percentage of the box office winnings. The court has not yet ruled on the case.

Another issue aside are biographical films – biopics – that present other types of legal problems. In this case, most of the putlocker films delay their premieres by the intervention of the heirs of the protagonists of the film. “If the person has died, the jurisprudence indicates that the rights of the personality (voice, image, intimacy and honor) do not survive. However, the Constitutional, in the Paquirri case , also maintained that there was a family intimacy, and what It is said in a film about a deceased can expand in such a way that affects the family environment of that person, which means that biopics productions must take these circumstances very carefully to avoid incurring unnecessary risks.

As for the efforts that relatives can make to hide dark and ambiguous events about the protagonist of the film, Hernández appeals to the formula of the exceptio veritatis . “If there is truthful information, it is publishable even if it damages the right to honor.” This primacy, however, does not operate in the case of the right to privacy where the public interest is not recognized to know this data of the person. It would have to study in each case the personality rights that are affected in order to decide if it would be applicable, “Hernández concludes.

Abuse of a dog for recording a movie

PETA (People for the Ethical Treatment of Animals) called to boycott the film The reason to be with you , after the portal TMZ revealed a video in which a German Shepherd dog is forced to enter a swimming pool with current, to Despite their obvious resistance and fear.

PETA wishes that through this boycott to the tape that is released at the end of January, sends a clear message:

“Dogs and other animals must be treated humanely, not as movie accessories.”

And it is that the scene that dates from 2015, but which was just released, brings again to the table the issue of animal abuse in the film industry.

AHA (American Humane Association), who are vigilant about animal safety, has already opened an investigation and for the moment suspended the representative who was present in the questioned recording.

“When the dog showed signs of resisting jumping into the water, the scene had to stop,” the agency said in a statement issued by People magazine.

The film stars Dennis Quaid (Far from Paradise) and Britt Robertson (Tomorrowland: Tomorrowland) tells the story of a dog who reincarnates in different medium sized dog breeds until he meets his former owner again.

Lasse Hallstrom, director of the film, used his Twitter account to express himself on the subject, and said he was disturbed after seeing those scenes.

“I did not witness those actions. We are all committed to giving a loving and safe environment to all the animals in the film. “

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lasse hallstrom @HallstromLasse

I am very disturbed by the video released today from the set of my film A dog’s purpose.

“I was promised that a thorough investigation of this situation is being carried out and that any unlawful act will be denounced and punished,” he said.






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