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	<title>Comments for Ex©lusive Rights</title>
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	<link>http://senlawoffice.com/exclusiverights</link>
	<description>A copyright law blog covering litigation, policy and academia</description>
	<lastBuildDate>Thu, 08 Mar 2012 23:53:08 +0000</lastBuildDate>
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		<title>Comment on Contributory trademark infringement claims against flea market landowner dismissed by David A.</title>
		<link>http://senlawoffice.com/exclusiverights/2009/06/contributory-trademark-infringement-claims-against-flea-market-landowner-dismissed/comment-page-1/#comment-76091</link>
		<dc:creator>David A.</dc:creator>
		<pubDate>Thu, 08 Mar 2012 23:53:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.exclusiverights.net/?p=1984#comment-76091</guid>
		<description>This article is referring to the San Jose Flea Market located in San Jose, not in Sacramento.</description>
		<content:encoded><![CDATA[<p>This article is referring to the San Jose Flea Market located in San Jose, not in Sacramento.</p>
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		<title>Comment on 10th Cir.: Court reporters do not own a copyright in the transcripts that they prepare by Donna Collins</title>
		<link>http://senlawoffice.com/exclusiverights/2009/08/10th-cir-court-reporters-do-not-own-a-copyright-in-the-transcripts-that-they-prepare/comment-page-1/#comment-70535</link>
		<dc:creator>Donna Collins</dc:creator>
		<pubDate>Fri, 28 Oct 2011 15:03:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.exclusiverights.net/?p=2375#comment-70535</guid>
		<description>While there may be some court reporters who believe they have &quot;ownership&quot; of the transcript, we all do not feel that way.  I have always argued against that concept.  We should be paid fairly for the first time we prepare a transcript.  In the case of the official reporter, once they have been paid and it is filed with the clerk, it is a public record.  In the case of freelance reporters and depositions, once paid for their initial work, the transcripts belong to the parties and their attorneys.  Updating software and computers and tools to accomplish our work is a cost of doing business, just as any other business, and we should take those costs into account when setting our prices.</description>
		<content:encoded><![CDATA[<p>While there may be some court reporters who believe they have &#8220;ownership&#8221; of the transcript, we all do not feel that way.  I have always argued against that concept.  We should be paid fairly for the first time we prepare a transcript.  In the case of the official reporter, once they have been paid and it is filed with the clerk, it is a public record.  In the case of freelance reporters and depositions, once paid for their initial work, the transcripts belong to the parties and their attorneys.  Updating software and computers and tools to accomplish our work is a cost of doing business, just as any other business, and we should take those costs into account when setting our prices.</p>
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		<title>Comment on 10th Cir.: Court reporters do not own a copyright in the transcripts that they prepare by Gregg Nulle</title>
		<link>http://senlawoffice.com/exclusiverights/2009/08/10th-cir-court-reporters-do-not-own-a-copyright-in-the-transcripts-that-they-prepare/comment-page-1/#comment-70274</link>
		<dc:creator>Gregg Nulle</dc:creator>
		<pubDate>Thu, 20 Oct 2011 09:20:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.exclusiverights.net/?p=2375#comment-70274</guid>
		<description>Actually value you talking about that  educational report. Good!!</description>
		<content:encoded><![CDATA[<p>Actually value you talking about that  educational report. Good!!</p>
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		<title>Comment on 7th Cir opines on originality standard for derivative works by Glenn</title>
		<link>http://senlawoffice.com/exclusiverights/2009/11/7th-cir-opines-on-originality-standard-for-derivitive-works/comment-page-1/#comment-68774</link>
		<dc:creator>Glenn</dc:creator>
		<pubDate>Fri, 09 Sep 2011 18:09:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.exclusiverights.net/?p=2881#comment-68774</guid>
		<description>Very interesting... So does this mean that if you photograph a piece of art in Illinois and then, say, use it in a blog post, there is the potential of being found in violation of copyright ??</description>
		<content:encoded><![CDATA[<p>Very interesting&#8230; So does this mean that if you photograph a piece of art in Illinois and then, say, use it in a blog post, there is the potential of being found in violation of copyright ??</p>
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		<title>Comment on 10th Cir.: Court reporters do not own a copyright in the transcripts that they prepare by Noble El Shabazz</title>
		<link>http://senlawoffice.com/exclusiverights/2009/08/10th-cir-court-reporters-do-not-own-a-copyright-in-the-transcripts-that-they-prepare/comment-page-1/#comment-63758</link>
		<dc:creator>Noble El Shabazz</dc:creator>
		<pubDate>Sat, 07 May 2011 16:41:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.exclusiverights.net/?p=2375#comment-63758</guid>
		<description>Unfortunately it is very obvious that all the comments posted by those who work as court reporters are very &quot;biased&quot; and not &quot;objective&quot; at all. While, as a human being, I can empathize with any one who has made sacrifices in their personal life to pursue a career they &quot;believed&quot; would provide them with financial security, I cannot find any &quot;logic&quot; or &quot;morality&quot; in court reporters complaining &amp; blaming the citizens/people for simply exercising their rights under the law(inspection of public records act), simply because the reporters can&#039;t make a &quot;profit&quot; off of the people anymore. Most people who come to court,especially Municipal courts, are forced to appear under threat of arrest and are fighting for their life, liberty, &amp; the pursuit of happiness, which they have also made great &quot;sacrifices&quot; for(Do the court reporters empathize with these folks life sacrifices?). Most of these people are also poor and cannot afford to pay hundreds of dollars for something as simple as a &quot;written record&quot; of what was stated in court, which means under the normal capitalistic blood-sucking procedures, poor people are &quot;systematically&quot; deprived of their right to appeal corrupt/unjust judgments based on their lack of money. This is the real travesty of Justice that all people of &quot;Moral Conscience&quot; should be much more concerned with. This corrupt system is deliberately designed to function in a way that systemically makes it so difficult for the common people/poor people to pursue justice, due to exorbitant rates/fees/fines, that common folks can&#039;t &quot;afford&quot; to &quot;pay&quot; larger amounts of money simply to exercise their rights, which forces them to waive their rights &amp; reluctantly pay lesser amounts in unjust fines/fees/court cost, thereby allowing corrupt courts/officials to exploit them, victimize/abuse them, and &quot;Profit&quot; off of their dilemmas. The common people are the &quot;Victims&quot; of the system NOT the problem, and these post are just another example of mentally &quot;programmed&quot; people who work for the system having the audacity to continue blaming the victim/abused instead of blaming the Victimizers/Abusers!! If Greedy capitalistic-blood sucking court reporting software Companies Overcharge court reporters for software that will be obsolete after a couple of years, and Overcharge thousands for the writer which is outdated just about every year or constantly breaks down so you are forced to pay thousands for a new one, and &quot;you know&quot; they have soft ware people who constantly are deliberately making changes to the software JUST TO MAKE MORE MONEY OFF Court Reporters, it should be obvious to you all  that The Greedy Companies are the ones Exploiting you and they are your Real Enemies, NOT The Poor People!! So all of your Complaints should only be directed at the Rich Companies who rob/exploit you, not at poor people or common citizens who have figured out a way to finally stop this corrupt system from &quot;robbing&quot; them of  some of their hard earned money!! Court reporters do not deserve every penny that a transcript brings in just because they turn around &amp; give it right back to the technology market and the IRS. Only You are responsible for the foolish choices you make, and the rest of the common citizens shouldn&#039;t have to suffer exploitation due to your poor decision to lay down, roll over on your back, &amp; accept being exploited by the rich companies!! A much &quot;Wiser&quot; choice would be to identify your real enemies and fight back against these crooked companies and corrupt IRS by suing them or having the determination to simply &quot;BOYCOTT&quot; them  until they lower their prices to a much more fair &amp; affordable price.But just because you choose to &quot;allow&quot; yourself to  be abused,or robbed/exploited by the money hungry companies does not justify you wanting to rob/exploit the common folks in order to compensate, because two wrongs do not make a right!! I understand that court reporters want to make a living, but so do all the blue collar workers who are forced to come into the courts and are then expected to pay large amounts of money for the written records, that the courts require, to defend themselves. Court reporters do provide a service, yes, indeed, but so does a waiter/waitress, school teacher, guidance counselor, clerk or secretary, and they don&#039;t charge exorbitant prices to provide documents or services. Unfortunately, many people, in the legal field, have developed this &quot;superiority&quot; complex and &quot;over exaggerated&quot; sense of &quot;self importance&quot; causing them to falsely believe they are &quot;entitled&quot; to more money, benefits, privileges, &amp; respect than the rest of us common folks!! When in fact the only service you have really provided is you have created a written record of the statements that people said in a court proceeding by typing it on paper. It is good honest work, but , in the big scheme of things in life, it aint that deep, and you don&#039;t deserve so much money. Just as the Companies who overcharge you don&#039;t deserve all the money they charge. But, Corporatist/Capitalist are like blood-sucking &quot;Vampires&quot;(the living Dead), when one gets bit, instead of fighting against the evil vampire who first bit you, you turn into an evil vampire yourself and start biting other innocent people!!!</description>
		<content:encoded><![CDATA[<p>Unfortunately it is very obvious that all the comments posted by those who work as court reporters are very &#8220;biased&#8221; and not &#8220;objective&#8221; at all. While, as a human being, I can empathize with any one who has made sacrifices in their personal life to pursue a career they &#8220;believed&#8221; would provide them with financial security, I cannot find any &#8220;logic&#8221; or &#8220;morality&#8221; in court reporters complaining &amp; blaming the citizens/people for simply exercising their rights under the law(inspection of public records act), simply because the reporters can&#8217;t make a &#8220;profit&#8221; off of the people anymore. Most people who come to court,especially Municipal courts, are forced to appear under threat of arrest and are fighting for their life, liberty, &amp; the pursuit of happiness, which they have also made great &#8220;sacrifices&#8221; for(Do the court reporters empathize with these folks life sacrifices?). Most of these people are also poor and cannot afford to pay hundreds of dollars for something as simple as a &#8220;written record&#8221; of what was stated in court, which means under the normal capitalistic blood-sucking procedures, poor people are &#8220;systematically&#8221; deprived of their right to appeal corrupt/unjust judgments based on their lack of money. This is the real travesty of Justice that all people of &#8220;Moral Conscience&#8221; should be much more concerned with. This corrupt system is deliberately designed to function in a way that systemically makes it so difficult for the common people/poor people to pursue justice, due to exorbitant rates/fees/fines, that common folks can&#8217;t &#8220;afford&#8221; to &#8220;pay&#8221; larger amounts of money simply to exercise their rights, which forces them to waive their rights &amp; reluctantly pay lesser amounts in unjust fines/fees/court cost, thereby allowing corrupt courts/officials to exploit them, victimize/abuse them, and &#8220;Profit&#8221; off of their dilemmas. The common people are the &#8220;Victims&#8221; of the system NOT the problem, and these post are just another example of mentally &#8220;programmed&#8221; people who work for the system having the audacity to continue blaming the victim/abused instead of blaming the Victimizers/Abusers!! If Greedy capitalistic-blood sucking court reporting software Companies Overcharge court reporters for software that will be obsolete after a couple of years, and Overcharge thousands for the writer which is outdated just about every year or constantly breaks down so you are forced to pay thousands for a new one, and &#8220;you know&#8221; they have soft ware people who constantly are deliberately making changes to the software JUST TO MAKE MORE MONEY OFF Court Reporters, it should be obvious to you all  that The Greedy Companies are the ones Exploiting you and they are your Real Enemies, NOT The Poor People!! So all of your Complaints should only be directed at the Rich Companies who rob/exploit you, not at poor people or common citizens who have figured out a way to finally stop this corrupt system from &#8220;robbing&#8221; them of  some of their hard earned money!! Court reporters do not deserve every penny that a transcript brings in just because they turn around &amp; give it right back to the technology market and the IRS. Only You are responsible for the foolish choices you make, and the rest of the common citizens shouldn&#8217;t have to suffer exploitation due to your poor decision to lay down, roll over on your back, &amp; accept being exploited by the rich companies!! A much &#8220;Wiser&#8221; choice would be to identify your real enemies and fight back against these crooked companies and corrupt IRS by suing them or having the determination to simply &#8220;BOYCOTT&#8221; them  until they lower their prices to a much more fair &amp; affordable price.But just because you choose to &#8220;allow&#8221; yourself to  be abused,or robbed/exploited by the money hungry companies does not justify you wanting to rob/exploit the common folks in order to compensate, because two wrongs do not make a right!! I understand that court reporters want to make a living, but so do all the blue collar workers who are forced to come into the courts and are then expected to pay large amounts of money for the written records, that the courts require, to defend themselves. Court reporters do provide a service, yes, indeed, but so does a waiter/waitress, school teacher, guidance counselor, clerk or secretary, and they don&#8217;t charge exorbitant prices to provide documents or services. Unfortunately, many people, in the legal field, have developed this &#8220;superiority&#8221; complex and &#8220;over exaggerated&#8221; sense of &#8220;self importance&#8221; causing them to falsely believe they are &#8220;entitled&#8221; to more money, benefits, privileges, &amp; respect than the rest of us common folks!! When in fact the only service you have really provided is you have created a written record of the statements that people said in a court proceeding by typing it on paper. It is good honest work, but , in the big scheme of things in life, it aint that deep, and you don&#8217;t deserve so much money. Just as the Companies who overcharge you don&#8217;t deserve all the money they charge. But, Corporatist/Capitalist are like blood-sucking &#8220;Vampires&#8221;(the living Dead), when one gets bit, instead of fighting against the evil vampire who first bit you, you turn into an evil vampire yourself and start biting other innocent people!!!</p>
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		<title>Comment on 10th Cir.: Court reporters do not own a copyright in the transcripts that they prepare by scott</title>
		<link>http://senlawoffice.com/exclusiverights/2009/08/10th-cir-court-reporters-do-not-own-a-copyright-in-the-transcripts-that-they-prepare/comment-page-1/#comment-56498</link>
		<dc:creator>scott</dc:creator>
		<pubDate>Wed, 06 Oct 2010 16:40:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.exclusiverights.net/?p=2375#comment-56498</guid>
		<description>You&#039;ll just see us raise the rates on the Original transcripts to circumvent this problem that lawyers and citizens seem to want to attribute to us being exhorbitant in our rates...we provide a special, unique, accurate service that allows for the legal process to run its course in appellate purposes.  

You start making copies in courthouses, then you run the risk of not trusting the source without the notarial signature, nor the &quot;certified copy&quot; stamp...you run the risk of opening up a big can of worms in the future.  And let Electronic Recording take over and then you have Tom, Dick, and Harry typing up transcripts and no two match.  Oh, yeah, and then there&#039;s motive.  You can easily switch words or delete words if it can help you win your case in an argument before a judge, and then a judge would ultimately have to decide which transcript is credible and will be made the &quot;OFFICIAL RECORD&quot; , the plaintiff&#039;s transcript that was typed up by their sister, mother, brother, aunt, paralegal, clerk, or the defense side, which could&#039;ve been their aunt, uncle, sister, mother, brother, or clerk...then when that&#039;s decided by a judge, that loser will never let their aunt, uncle, sister, brother, cousin ever type up a transcript ever again for various reasons; incompetent, illiterate, bias, motive...you name it..

Just my two cents from a passionate reporter who takes his job seriously.</description>
		<content:encoded><![CDATA[<p>You&#8217;ll just see us raise the rates on the Original transcripts to circumvent this problem that lawyers and citizens seem to want to attribute to us being exhorbitant in our rates&#8230;we provide a special, unique, accurate service that allows for the legal process to run its course in appellate purposes.  </p>
<p>You start making copies in courthouses, then you run the risk of not trusting the source without the notarial signature, nor the &#8220;certified copy&#8221; stamp&#8230;you run the risk of opening up a big can of worms in the future.  And let Electronic Recording take over and then you have Tom, Dick, and Harry typing up transcripts and no two match.  Oh, yeah, and then there&#8217;s motive.  You can easily switch words or delete words if it can help you win your case in an argument before a judge, and then a judge would ultimately have to decide which transcript is credible and will be made the &#8220;OFFICIAL RECORD&#8221; , the plaintiff&#8217;s transcript that was typed up by their sister, mother, brother, aunt, paralegal, clerk, or the defense side, which could&#8217;ve been their aunt, uncle, sister, mother, brother, or clerk&#8230;then when that&#8217;s decided by a judge, that loser will never let their aunt, uncle, sister, brother, cousin ever type up a transcript ever again for various reasons; incompetent, illiterate, bias, motive&#8230;you name it..</p>
<p>Just my two cents from a passionate reporter who takes his job seriously.</p>
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		<title>Comment on EASL Journal tribute to Marybeth Peters, submission request by Shourin Sen</title>
		<link>http://senlawoffice.com/exclusiverights/2010/09/easl-journal-tribute-to-marybeth-peters-submission-request/comment-page-1/#comment-56279</link>
		<dc:creator>Shourin Sen</dc:creator>
		<pubDate>Mon, 20 Sep 2010 06:11:58 +0000</pubDate>
		<guid isPermaLink="false">http://senlawoffice.com/exclusiverights/?p=3677#comment-56279</guid>
		<description>Hi Suzenna:

You can send comments to Elissa Hecker:

eheckeresq@yahoo.com
Law Office of Elissa D. Hecker
90 Quail Close
Irvington, New York 10533
Phone/Fax: (914) 478-0457
eheckeresq.com</description>
		<content:encoded><![CDATA[<p>Hi Suzenna:</p>
<p>You can send comments to Elissa Hecker:</p>
<p><a href="mailto:eheckeresq@yahoo.com">eheckeresq@yahoo.com</a><br />
Law Office of Elissa D. Hecker<br />
90 Quail Close<br />
Irvington, New York 10533<br />
Phone/Fax: (914) 478-0457<br />
eheckeresq.com</p>
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		<title>Comment on EASL Journal tribute to Marybeth Peters, submission request by Suzenna Kredenser</title>
		<link>http://senlawoffice.com/exclusiverights/2010/09/easl-journal-tribute-to-marybeth-peters-submission-request/comment-page-1/#comment-56192</link>
		<dc:creator>Suzenna Kredenser</dc:creator>
		<pubDate>Mon, 13 Sep 2010 17:16:44 +0000</pubDate>
		<guid isPermaLink="false">http://senlawoffice.com/exclusiverights/?p=3677#comment-56192</guid>
		<description>Where does one send our comments re Marybeth Peters?</description>
		<content:encoded><![CDATA[<p>Where does one send our comments re Marybeth Peters?</p>
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		<title>Comment on Is the registration backlog at the Copyright Office a recent occurrence? by Copyright Law Blog: Exclusive Rights</title>
		<link>http://senlawoffice.com/exclusiverights/2010/04/is-the-registration-backlog-at-the-copyright-office-a-recent-occurrence/comment-page-1/#comment-55610</link>
		<dc:creator>Copyright Law Blog: Exclusive Rights</dc:creator>
		<pubDate>Thu, 12 Aug 2010 04:16:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.exclusiverights.net/?p=3504#comment-55610</guid>
		<description>[...] couple of months ago, I posted a picture from the  Library of Congress Prints and Photographs Division. The picture, from the [...]</description>
		<content:encoded><![CDATA[<p>[...] couple of months ago, I posted a picture from the  Library of Congress Prints and Photographs Division. The picture, from the [...]</p>
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		<title>Comment on The mystery of the copyright deposit piles by Shourin Sen</title>
		<link>http://senlawoffice.com/exclusiverights/2010/07/the-mystery-of-the-copyright-deposit-piles/comment-page-1/#comment-55468</link>
		<dc:creator>Shourin Sen</dc:creator>
		<pubDate>Mon, 02 Aug 2010 05:01:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.exclusiverights.net/?p=3637#comment-55468</guid>
		<description>Thank you both for the comments. Jeff, you bring up a point that I somehow hadn&#039;t considered. The retention of the deposits in the early 1900s might have been based on an interpretation that the Register didn&#039;t have the power to dispose of the works. 

I remember reading elsewhere in the files that by the late &#039;40s, I think, the Register was disposing of works under its presumed non-statutory authority; but that the Register wanted the authority explicitly enacted into law. It would make sense that early in the 1900s the Register didn&#039;t think it had the authority, but that it later changed course after the basement was filled with unwanted deposits. If this was indeed the case, what a great example of a system gone awry!?</description>
		<content:encoded><![CDATA[<p>Thank you both for the comments. Jeff, you bring up a point that I somehow hadn&#8217;t considered. The retention of the deposits in the early 1900s might have been based on an interpretation that the Register didn&#8217;t have the power to dispose of the works. </p>
<p>I remember reading elsewhere in the files that by the late &#8217;40s, I think, the Register was disposing of works under its presumed non-statutory authority; but that the Register wanted the authority explicitly enacted into law. It would make sense that early in the 1900s the Register didn&#8217;t think it had the authority, but that it later changed course after the basement was filled with unwanted deposits. If this was indeed the case, what a great example of a system gone awry!?</p>
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