Copyright Law Blog

Ontario Business Attorney’s Top Ten Sarah Palin Recession Proof Businesses

August 14th, 2009 at 12:42pm Under trademark law

Here is Ontario Business Attorney Sebastian Gibson’s Top Ten:

1. LensCrafters.

 

2. Pearle Vision.

 

3. Moose McBurger.

 

4. Mavericks R Us.

 

5. Elections for Dummies trainers.

 

6. Neiman Marcus.

 

7. Saks Fifth Avenue.

 

8. Bloomindales.

 

9. Gucci.

 

10. Permanent makeup for pit bulls.

 

Now here is everything (well, almost everything) you need in business about personal injury, car accidents, brain damage, wrongful deaths, business, real estate, landlord-tenant, homeowners association law, construction, patents, trademarks, corporations, entertainment law, advertising, copyrights, food and wine, hotel and restaurant law, and litigation without making any serious legal missteps.  

If you need to know more about business, environmental, international law, election and campaign law, consumer law, class actions, constitutional, internet, publicity and privacy rights, publishing, advertising, media, employment law, estate planning, wills, trusts, water law, agricultural, insurance law, bad faith, psychologist and psychotherapist defense, education law or child accidents, you can find valuable information by searching for those subjects and adding the words Ontario business lawyer or Ontario business attorney to your search terms and looking for other articles by Sebastian Gibson.

 

You can also learn more about any of these business areas of law and how we can assist you as Ontario business attorneys, or as lawyers in any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  .

 

1. Personal Injury, Car Accidents, Drowning Accidents, Brain Damage, Catastrophic Injuries and Wrongful Deaths in Ontario – If you’ve had a Ontario auto, motorcycle, truck, pedestrian, bicycle, bus, train, airplane or car accident of any kind, get the other driver’s information, take camera or cell phone pictures, call the police, get a report, seek medical treatment immediately, call us or another good Ontario personal injury lawyer, follow up with more medical treatment if you are still hurt, report the accident to your insurance agent, file a report with the DMV and don’t talk to anyone else or give a recorded statement until you talk with us. If you’ve lost a loved on in an accident, call us or another good Ontario personal injury lawyer immediately. If you’ve been bitten by a dog, get treatment, call animal control and then call us. If you or someone you know has come close to drowning, seek medical treatment immediately as death or serious injury can still occur hours later.

 

2. Ontario Business – Put everything in writing and preferably with our help or the help of another good Ontario business lawyer. Spend money only as you need to. A Ontario business attorney can tell you where to save costs and how to do it without risking liability. Limit your promises to employees and to customers. Buy insurance. Protect your intellectual property at the outset. Don’t disclose your inventions or any trade secrets to anyone without a non-disclosure agreement. Incorporate as soon as you are profitable. Get legal advice for problems or indications of pending lawsuits immediately. Keep all costs, including labor costs, to the bare minimum. Always use confidentiality agreements when disclosing valuable information and be careful what information you agree to receive. Tell customers they must pay in advance or on delivery. Do not agree to bill and be paid at a date after delivery. Otherwise you won’t be paid on a percentage of your products. Be wary of the potential for fraud by customers, business partners and employees.

 

3. Residential and Commercial Real Estate, Landlord Tenant Law, Mortgage Law and Homeowners Association Law in Ontario – Use a Ontario real estate lawyer who is also a Realtor, or a Realtor who is also a Ontario real estate attorney. Don’t buy or lease more than you need. Choose the right location. Choose the right mortgage. Don’t refinance if you think you may need to walk away from a home. Don’t buy more than you can afford. Check out the neighborhood carefully. Get a home inspection and a home warranty. Have a Ontario real estate lawyer look over the documents. Homeowner Associations are facing a host of problems stemming from the number of foreclosures. As fees are reduced by vacant homes and condos, projects must be trimmed back or delayed in order to save money. Some homeowner associations, who were already in trouble, may face additional problems in the future and both homeowners and their associations should consult with legal counsel to help resolve how to deal with such issues.

 

4. Construction in Ontario – With the construction industry in it’s biggest ever slump, down more than 90% from its peak in many areas, Ontario contractors need to shift their focus to energy free homes, apartment construction and to take advantage of contracts likely to be offered for bid under the new administration’s plan to create new jobs rebuilding the country’s infrastructure, construction of roads, bridges, the electrical grid and other utility projects. If you are dealing with contractors yourself, always use licensed contractors and have a Ontario construction lawyer look over your contracts. You can also investigate the contractor online to ensure he is licensed and insured and a Ontario construction attorney can do an additional investigation at little extra cost. Never pay a contractor the entire sum for a project at the start. Put all agreements in writing, including any changes.

 

5. Ontario Patents and Biotechnology – A patent should be applied for, for any new, and non-obvious process, or invention and to any new improvement of an invention at first opportunity. A patent is good for 20 years. Depending upon the complexity, most utility patent applications will cost between $8,000 and $12,000.00. A design patent can be applied for by a Ontario patent attorney, for the look of an item and is good for 14 years. A provisional patent can be applied for, good for one year at a cost of half of the usual utility patent cost but is only good for one year. If the inventor does not upgrade the provisional patent into a utility patent application within that period, usually for the cost of the remainder of the corresponding cost of a utility patent, the inventor loses his or her protection. A patent is pending once it has been applied for, and can be licensed, or sold outright. Without a patent, others can make and sell your invention with no compensation to you. Patent searches help the Ontario patent lawyer write an application around existing patents and cost an additional sum, usually under $1,000.00. Drawings must also be prepared for the patent application usually for under $500.00. A design patent can be sought for between $1,000 to $1,500 and a European design patent for between $2,000 to $2,500. Accelerated patent applications usually cost an additional 50% of normal patent applications. Foreign patent applications also require additional fees.

 

6. Ontario Trademarks – Trademark any original logos, designs, words, phrases, symbols or combinations that you use to identify your products or services as soon as possible. Call a Ontario trademark attorney as soon as anyone else’s trademark or service mark is so similar as to cause a likelihood of confusion in the public or if you receive a cease and desist letter from someone else accusing you of infringement. Trademark applications range from between $2,500 if there has not yet been any use of the trademark to $1,500 to apply for a trademark already in use. Therefore, to save money, create some products and advertising materials and apply for the trademark once they are ready to be sold and advertised.

 

7. Ontario Corporations – Never incorporate by yourself. Corporations will not protect you from liability if you do not follow corporate formalities correctly. Protect your intellectual property from the start with the help of a Ontario corporations attorney. Don’t borrow someone else’s employee handbook or fire problematic employees without legal advice. Don’t get investors without seeing one of our Ontario corporate attorneys. Cut costs to the bone. Use extra money to advertise, and sell in new markets. A Ontario corporations lawyer can provide you with advice as to which type of corporation or LLC to use for your business.

 

8. Entertainment Law, Sports Law, Marketing, Advertising, Media and Copyrights in Ontario – Whether you are a musician, an actor, a model, a writer, an athlete, a broadcaster or connected in any other way to the entertainment industry, contact us or another good Ontario entertainment attorney as soon as anyone gives you a contract to sign. Signing a bad contract can end your career before it’s ever begun. As soon as you have written any body of work, have it copyrighted. You can do this quite easily yourself, but if you need assistance or if someone else infringes your copyrighted work, you can then file suit against such a party.

 

9. Ontario Litigation – At the first sign that someone may sue you or your business, consult with a Ontario litigation attorney. Many times, a lawsuit can be forestalled before it has been filed or the matter resolved with letters between the litigation attorneys. If you are served with a lawsuit, hire a Ontario litigation lawyer like one from our firm who specializes in mediations and non-binding arbitrations so your litigation can be resolved at the soonest possible opportunity and limit your exposure to years of lawyer’s fees and costs as your case winds slowly through the courts.

 

10. Food and Wine Law, Hotel and Restaurant Law in Ontario – Today, hotels, restaurants, nightclubs, bars and grocery stores face an ever increasing host of new regulations they never faced previously. From the usual licensing problems they face with the Department of Alcoholic Beverage Control for adherence to and violations of ABC rules, to new state regulations involving menus and calorie counts in fast food restaurants and new rules requiring groceries to show the country of origin in labels on most of their produce and meat. The worst case scenario today for an establishment serving alcohol, is to serve a minor alcohol who later dies in an auto accident. Such an establishment will need legal representation by a Ontario food, alcohol and restaurant lawyer before the ABC as well as legal defense of civil lawsuits filed against it.

 

If you have a legal matter in Ontario, Rancho Cucamonga, Temecula, Murrieta, Riverside, San Bernardino, Moreno Valley, Fontana, Rialto, San Bernardino County, Redlands, Hemet, Perris, Colton, Highland, Yucaipa, Banning, Riverside County, Big Bear, Lake Arrowhead, or anywhere in the Inland Empire, our Ontario law firm has the knowledge and resources to be your Ontario Lawyers and your Ontario Attorneys. Be sure to hire a Coachella Valley law firm with experience in Personal Injury, Car Accidents, Drownings, Brain Damage, Catastrophic Injuries, Wrongful Death, Business, Real Estate and Landlord Tenant Law, Homeowner Association Law, Construction, Trademarks, Patents, Corporations, Entertainment, Sports Law, Marketing, Advertising, Media, and Copyright Law, and who will endeavor to ensure that your rights are properly represented.

 

Additionally, if you have a legal matter which involves Environmental and Toxic Tort Law, Litigation, International, Shipping and Maritime Law, Employment, Election and Campaign Finance Law, Consumer Law and Class Actions, Constitutional, Publishing, Publicity, Privacy Rights, Internet Law, Advertising and Media Law, Food and Wine Law, Hotel and Restaurant Law, Estate Planning, Wills and Trusts, Water, Agricultural and Natural Resource Law, Insurance Law, Bad Faith and Psychiatrist and Psychotherapist Defense, Education Law or a Child Accident in Ontario or anywhere in Southern California, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how a Ontario attorney from our offices can assist you.

Free Music Downloads

August 14th, 2009 at 12:42pm Under music copyright

While downloading music is one of the most popular online activities, besides social networking and playing games, there is a lot of information that is not made available to the public at large.

There are a number of serious issues that should be understood when downloading music (which most people overlook) and there are also ways to obtain free music that are simply unknown by the majority of people online.

This is very important when considering the growing trend by the large music companies, of suing individuals who infringe on their copyrights. Court records show a large number of out of court settlements, with fines ranging from $3000 to $5000, and maximum awards in excess of $250,000.

As if the fines and legal issues where not enough of a problem now there is the added danger of downloading music imbedded with spyware and viruses. The need to be cautious in your quest for free downloadable music is evident.

Having access to free music download files means that you can enjoy as much music as you want in your own home whenever you want it. You will find that many musicians are now freely giving away their music as a way to promote themselves and their bands. The concept of free legal downloads means that you have permission from the author or creator to download their intellectual property.

Free music downloads have surged in popularity since the emergence of the Internet and even more so in the last few years. With the advent of iTunes, the mass population has become more accustomed to buying their music from the Internet in the form of single track downloads from membership websites. No longer is it necessary to purchase an entire album when you really only want a single track.

A huge shift occurred and people have moved toward digital media for the ease of use and speed of acquisition that it offers. As such, more and more people have begun to search the Internet for music rather than going to the local record shop.

You can find and use free and legal music downloads from a number of sources and in a number of ways. The key is to be aware of the dangers and also to know what you can use legally and what will get you into trouble.

Fireballs From Cyberspace – Staying Out of Trouble in Software Development and Technology Contracts

August 14th, 2009 at 12:42pm Under intellectual property

Staying out of Trouble

Whether as a buyer or seller of software services, if you have been in the software development industry for any stretch of time you will be well aware that contracts can go wrong for both commercial and legal reasons. Today’s technology services cast a wide net. They not only incorporate software license agreements but also embrace security systems, supply chain management, billing, customer relationship management, communications software and a host of others. Basic principles of contract law apply to all contracts. When products and services vary, so should the contract to deal with them properly. There are a number of areas that should be taken into consideration in each and every contract to avoid problems arising and make the most of the relationship – for both the supplier and customer. But too often these issues are not dealt with adequately or worse, ignored, which leads to uncertainty, disputes and potentially the ultimate failure of an otherwise profitable relationship. Some of the most important, yet often neglected areas come under the following headings.

Defining the Services

Behind price, the most important part of a technology contract will be the services to be performed. System specifications and performance capabilities should be stated clearly and precisely. Ambiguously worded requirements are an open invitation to ‘scope-creep’ and a permit for other uncertainties to be imported, so absolute clarity is needed in defining:

• What services are to be performed?

• When they are to be performed?

• By what means can it be unequivocally stated that the particular contract works should be and are complete?

• When does the supplier become entitled to payment?

Time frames for design, implementation, installation, integration, candidate testing and debugging cycles, beta (“bugs expected to appear”) testing, technical documentation, and user documentation should be catered for, preferably on a timeline. It makes sense to plan the implementation over time, rather than expect an instantaneous and flawless performance at go-live. And to add a context and background to the performance-to-contract, it will assist to name the operating environment, any existing or new hardware, network infrastructure and database management systems involved.

Updating the Services

In outsourcing and procurement contracts, updating technology and service performance on a periodic basis usually makes sense for the introduction of new technologies over the life of the contract. Benchmarking service performance provides an objective basis to assess industry standards over time and sets a reference point for improvements to services. Catering for service improvements helps preserve the relationship, as the customer receives increasing productivity and return on investment. Services provided under a contract otherwise typically deteriorate over time, leading to customer dissatisfaction. In most cases, the customer should be entitled to receive the benefit of improvements to technology over time. Flexibility should be built into the agreement to vary services where hidden costs arise. Tied in with this concept is the ability for the parties to change the services delivered over time, and setting out a change-control procedure in the contract assists for this purpose.

Poorly Drafted Contracts

The contract should be in plain English, readily understood by commercial people and mindful that verbosity and complexity are usually the enemies of clarity. Properly drawn contracts facilitate commercial negotiation and dramatically reduce legal costs. Standard contracts dealing with technology products and services should match the nature of the services to be performed. For instance, a software development contract is not suited for delivery of packaged software, and outsourcing agreements are not suited for delivery of special purpose database management systems because the nature of these transactions is completely different. Though it seems obvious that it does not serve the interests of either party to introduce ambiguity in the contract by using a document inappropriate for the purpose, it happens. Savvy in-house technical staff may be well placed to decide whether the document is suited to the nature of the product or service, if advisors are not competent to make a sound assessment.

If you cannot understand the language in the contract, you need to send your lawyer off for counselling.

Some of the danger with technology contracts arises due to the way contracts are interpreted. Once signed, the actual intentions of the parties in the agreement are largely discarded – the law imputes an objective intention to the parties with the result that the document will be interpreted in law differently from what the parties intended. The paramount need at all times is for clarity, clarity, clarity, in that order.

Intellectual Property

The fact that intellectual property rights are intangible does not prevent them from being dealt with like any other property and so, just as any other asset, they may be traded, sold, licensed, assigned or used as security. Copyrights, database rights and know-how created during the course of a technology contract should be dealt with explicitly to ensure that the party who should own the intellectual property does actually own it, rather than leaving the matter to chance. Getting it wrong may mean that using data requires payment of fees. And remember, consultants and freelancers are the first owner of intellectual property unless an exception applies.

In the case of software development, some provision for open source code should be incorporated, to either exclude its inclusion into the project altogether, or manage its inclusion after vetting the terms upon which the code is made available. A customer will probably want to include an indemnity that they will be protected if the deliverable infringes a third party’s intellectual property rights. And the supplier would be prudent to exclude their liability where the customer combines their deliverable with another product that infringes a third party’s rights.

Acceptance testing

In software development contracts, acceptance testing should cater for expected peak periods; and warranty periods should commence after acceptance. The customer may wish to obtain a warranty period for free rectification of defects.

Warranties and Indemnities

Warranties are essentially statements by a party as to a state of affairs at the time of the contract. Unless specifically excluded, statutory warranties will form a part of a B2B contract, however, the parties have the option of excluding all warranties other than those set out in the agreement. Although perhaps not an ideal approach, but as a minimum, warranties should be included to the effect that the deliverable is free from errors; is compatible with existing hardware and software infrastructure; and complies with the documentation produced.

Limitations and Exclusions of Liability

These clauses remove or set a cap on the liability of either party in the event of some failure to perform their obligations. Usually both parties will have a legitimate interest in limiting or excluding liability, and the key is to strike a balance between the interests of the supplier and the customer. Inappropriate inclusions or limitations of liability may extinguish a legitimate claim for losses sustained for a breach of contract or through negligence.

Managing People

Depending on the services to be provided and the degree of integration of staff from different companies, management of staff may be key to avoiding the supplier becoming a competitor and having their entry into the market being funded, in effect, by the contract fees. If the customer wants to avoid this kind of novel surprise, some attempt should be made to maintain exclusivity during and after the agreement has ended by catering for confidentiality of information and know-how, restrictions on competition in the same market and the post-contractual movement of employees, customers, consultants and suppliers. Courts are generally averse to anti-competitive provisions, so such provisions need to focus on legitimate commercial interests and go no further than necessary.

Exit Management

In the anticipation of entering into a contract, parties often overlook the back-end of the contract and how the parties will close their relationship. There is a good argument that, regardless of how the contract comes to an end, the service provider should assist the customer in a smooth change-over to a new provider. It may be sensible for the service provider to agree to provide its services after termination for a set period for time, either on a time and materials basis or against a payment regime set out in the agreement.

Information Security and Data Protection

Where personal data is moved between parties during the course of a contract, the obligations of either party need to be made clear with respect to the handling of the data and whose responsibility it will be to comply with the Data Protection Act. Providing services online heightens security risks, and a service provider should be in a position to warrant that adequate data protection mechanisms are in place.

Fault Logging and Managing Failure

An imperative in project management and managing liability is to maintain an audit trail. A failure to perform services or define losses sustained cannot be proven without evidence, and genuine claims fail without it. If software is involved, faults logs should describe the fault, its date and time, the program executing, version and release, other memory resident processes running at the time and the error messages generated. It may be in both parties’ interests for a contract to provide that audit logs for processes performed by the system be implemented and regularly archived. Regular backups of data are essential for commercial reasons and provide evidence of liability.

Service Levels

In outsourcing arrangements, where reliance is placed on a third party to perform, business continuity is key. Service levels set standards for response times, system availability and error rectification times. Failures by the provider to adhere to service levels usually result in service level compensation through some measure of credit to the customer for failing to meet these minimum contractual delivery standards. Such a mechanism may add management overhead to the contract, but the alternative of exchanging allegations of breach of contract is far less desirable.

Conclusion

I suspect you may have been surprised by some of the areas highlighted, but there are many others. Contracts are living documents that set out and regulate legal relationships and if well drawn up, will benefit both parties. One of the most neglected, yet the critical requirement towards assuring the success of any contract is the balancing of the parties’ responsibilities. A contract that works is likely to be mindful of the commercial interests of both parties; lopsided agreements, where one party bears the lion’s share of the risk and expense to make the service work should be steered well clear of as they have the greatest propensity to engender recrimination and mistrust. Getting the contract terms and structure correct at the start of the agreement should avoid subsequent business discontinuity – and have the added bonus that your solicitors can then have only have one bite at the cherry.

Universal Laws of Yoga (Part 1)

August 14th, 2009 at 12:42pm Under copyright law

What is Yoga? Why do some religious fundamentalists fear Yoga? What is the objective of Yoga? These questions about the true purpose of Yoga always arise, but the answers are not quite clear. So, let’s get to the heart of the matter.

Yoga is many things and there are many forms of Yoga. For example: Bhakti Yoga (Yoga of devotion) is commonly practiced in India, but is rarely practiced in the West. The most popular form of Yoga in the West is Hatha Yoga (Yoga of physical mastery).

It is understandable that Hatha Yoga and its many sub-styles would take hold in the West, especially on the American continents. Physical mastery, in and of itself, is much easier to absorb than over 5,000 years of Indian culture. The physical aspect of Yoga is the easiest to master, but the study of Yoga is a long journey.

Bhakti Yoga, as mentioned earlier, is the Yoga of Devotion and more emphasis is placed on spiritual and mental health. Religious practices, of any faith, will be much more pronounced within a group of Bhakti Yoga practitioners.

To put it simply, Yoga is the union of mind, body, and spirit for complete health. There are far more benefits to be realized through the constant practice of Hatha Yoga, or any other kind of Yoga, but this is the foundation of “unity.” Physical mastery is constructive and, at the very least, keeps us healthy.

Please bear in mind that all forms of Yoga may overlap in aspects of complete and whole health, but the emphasis within each style will be different. For example: In a Hatha Yoga class, physical, mental, and spiritual mastery may be practiced. The aspects taught depend on the curriculum, the exact style of Hatha Yoga, and the Yoga teacher.

Once a Yoga practitioner embarks on the path of unity, self realization and tranquility are acquired. The Yogic path is filled with many steps before self realization, tranquility, and oneness with God. The following are some of the steps we should take toward self-improvement.

Purify your inner being by freeing yourself from vanity, intolerance, anger, attachment to material, and the ego. We are only human and self-perfection is a difficult road to travel, but we must keep going one step at a time. What do we do when we make a mistake or sin? We pick ourselves up, learn from our mistakes, and amend our behavior.

© Copyright 2006 – Paul Jerard / Aura Publications

Do You Know The Easiest Way to Creating Articles Effortlessly Using Public Domain Methods

August 14th, 2009 at 12:42pm Under copyright infringement

Is article writing for your website daunting and will always be placed at the bottom of your task-list?  People procrastinate mainly because they simply dread researching on the topic and having to consolidate all the information – that is just too time-consuming and taxing.

How you wish if you can simply download an article without worrying about receiving some possible lawyer’s letter about infringement of copyright laws.  Fat hope you think?  Not exactly!  There is a most easy way to create good articles – through the Public Domain.  These are intellectual properties or articles that were penned by authors who have declared that their works are not owned by anyone and hence, can be reused by anybody for any purpose.

Though most authors would prefer to copyright their works, authors of Public Domain articles have waived their rights to their articles and it is openly available for public use.  You can therefore freely use the Public Domain articles to help you rewrite your articles.  You can edit, restructure, rewrite in whichever way you prefer, according to your style.  All the ideas and information are already in place – it’s all a matter of finding the article that carries your preferred subject or topic.

Isn’t this the easiest and most effective solution to all the hassle of having to spend hours gathering information and starting an article from scratch?  Webmasters may just modify the article by adding keywords and phrases related to their site to generate higher ranking for their websites in search engine results.  No webmaster will risk any copyright infringement since the source is Public Domain articles.  Imagine the amount of time saved!

The other strong argument for using Public Domain articles is that you literally save a lot of money.  You can do away with the need to hire and pay writers.  Imagine, if a 500-word article will usually cost you 10 bucks, and if you need hundreds of articles for your website, how much money you can literally save!

Those of you who constantly use newsletter or an e-zine on your websites will find Public Domain articles most beneficial.  You will not have to be dependent on your contributors or pay writers to pen articles.  You may simply copy the articles, reword it here and there and place them in your newsletter and e-zine in the shortest time imaginable.

Potential from Public Domain articles are currently still under-utilized.    Internet-based businesses and websites that aim for high rankings in search engine results will realize the power articles, keywords and keyword phrases can garner.  Worldwide demand for new articles covering new topics and subjects are constantly increasing.  As a result, content writers and number of articles have also risen.

If you are running short of cash, time or is simply not adequate to write articles from fresh, Public Domain articles is the solution.  It is so easy to search for Public Domain articles – as easy as A-B-C.  Select the topic or subject of interest by doing a search on search engines or directories.  Then, read the article.  If you like it, simply copy and paste to a word processing program and edit it from there to suit your preference.  It is just about that!  So, garner the power from the Public Domain and you will have your articles easily; effortlessly!

Why Do We Publish?

August 14th, 2009 at 12:37pm Under Uncategorized

WHY DO WE DO THIS? Copyright 2004, Michael LaRocca

A major “character” in Mark Salzman’s first autobiography is his
father. Sometimes his father paints. But his father hates
painting. He likes it when his painting is done. He likes having
painted. But the act of painting itself is, in his opinion, a
big pain in the backside.

Nobody reading this approaches writing like that, do they? I
know I don’t. Of all my experiences as an author, whacking those
words down onto the paper is the best of the best. Always has
been, always will be. Even though I cut most of them. I like
creating.

I’ve quoted Hemingway before. Long periods of thinking, short
periods of writing. These days, my thinking takes longer and my
periods of writing are getting less frequent, but both still
happen, and I still love creating something from nothing.

If it weren’t for me, you would never read the words you’re
reading right now. Nobody else would ever write them. And they
contain my thoughts. Through time and space, better than
telepathy, you hear what I’m saying.

So, there’s one reason to write, isn’t it? The biggie, if you
ask me. I write what I do because I can’t NOT write it. I may be
clarifying my thoughts in my own head. But, most certainly, I’m
just so moved by those thoughts that I must put them on paper.
They’re in me and they have to get out, kinda like those
critters in the ALIEN movies.

Is this the only reason to write? Because I want to zap my
thoughts into your heads? I don’t know. But let me change the
question. Is this a reason to publish? Why not write your books
and stick them in a filing cabinet like Sean Connery did in the
film FINDING FORRESTER? Write it, express it, file it away. Why
publish it?

(It’s okay if you haven’t seen this obscure little gem. I will
explain all.)

In fact, there are writers who do exactly that. Some fear
rejection or criticism. We hear about them whenever we pop into
a writing workshop. But, I don’t think there are very many of
them. I have trouble picturing someone who can spend months
(years?) doing something as essentially egotistical as writing a
novel, but who is fundamentally lacking in any sort of
self-confidence. Naw, they’re thinking posterity but lack the
stones to admit it.

At times I’ve got an inferiority complex I wouldn’t dream of
whacking onto your shoulders, but it was absent when I wrote my
books. During the act of writing itself, you think, “My words
are better than your words.” You do. You feel that you must
record your thoughts because they’re that much better than most.
That’s what writing is. So, I would say that by definition the
author isn’t ALWAYS plagued by self-doubt.

In FINDING FORRESTER, the Sean Connery character won the
Pulitzer with his first book, saw that every reviewer
misunderstood him, and decided they could all get stuffed. This
is a movie, a work of fiction, but I understand the attitude. I
once wrote a true story, where the main character was Michael
LaRocca, only to have a critic slam the main character as
“unbelievable.” Apparently I don’t act like real people.

I could never shove all my writing in a filing cabinet, unpub-
lished, and tell the establishment to get stuffed. But yep,
there are stupid people in the world, and some of them review
books.

So, we’ve identified two groups who won’t be seeking
publication. Hopelessly insecure and hopelessly arrogant. But,
like Aristotle, I prefer moderation. You still may be wondering
why I seek publi- cation. So do I. Let my exploration of this
question continue.

I’ve hit best-seller status for two different e-publishers with
three different books. Minor thrills at the time, but there’s no
way I could call them enough of a reward for what I put into
writing.

You’re an author. You know what I’m talking about. We all but
kill ourselves to make our books. So, let’s be blunt here.
Unless you’re going to throw Rowling/King/Clancy/Grisham money
at me — and you’re NOT — money isn’t sufficient reason to
publish.

Publishing isn’t just a case of sending it to a publisher,
signing a contract, and being done.

Next up is editing, which is a blast. Not at the time, perhaps.
Any editor worth a damn will beat you over the head with every
bad word choice you ever made. And you made hundreds! But at the
end of that gauntlet, you know you are da bomb.

Seeing my cover art is almost always awesome. Yes, I did say
“almost.” One bad experience among seven. It happens. But, if
you’ve worked with a publisher, you know what I mean. You log
onto the Internet one morning, not fully conscious, amazed that
you poured that first cup of coffee without burning off your
naughty bits. You pop open an email and see cover art that
almost makes your head explode. You get this big rush, thinking,
“Someone understands my writing!” What you don’t realize, naive
little author, is that some artists don’t even read the books
they do the art for. But still. The art rocks your world. Feel
that. I always enjoy clicking those email attachments and seeing
MY book covers.

But, then comes marketing. Biggest pain in the… Well, let’s
just say it makes me want to not publish sometimes. So, why
publish?

I’ve entered the EPPIES three times, and been a finalist three
times. The second time one of my books was an EPPIE finalist, I
made some wisecrack in an author’s egroup about how “finalist”
is a synonym for “loser” and was raked over the coals.

Oops!

(Maybe I annoyed entrants who weren’t finalists. I’d always
wondered if they existed…)

So, let’s say I’m not publishing for money or awards. They sing
a siren song to new authors which this jaded old bastard quit
hearing long ago. I got all that out of my system in the
previous millenium. So, why do I still publish? What are my
rewards? Let me mention a few.

A psychologist turned English teacher formed a women’s reading
group at the university where we once worked together in China.
Her concept was women readers, women writers. But the first book
the group ever discussed was my very own RISING FROM THE ASHES,
which is about Mom. My only foray into “women’s literature.” I
couldn’t attend the reading group, since I’m a guy, but my wife
was there. What I learned about my book is priceless, as is
knowing what those young students discussed because of my
writing. Issues of such depth that I’d be proud to inspire any
student, in any country, in any language, to tackle them.

I used to work on North Carolina hog farms. I enjoyed the
company of some damn fine people at every one of them. Hog
farming is hard work. This isn’t the backyard family farm,
folks, this is 13 people with 98 boars, 3500 sows, and all the
babies they can make. One of my toughest coworkers was a lesbian
who could break Xena in half, and my one foray into writing
horror gave her nightmares.

I don’t consider myself a poet, and I believe most of the
reading world agrees with me. But, I have published 6 poems.
There is one that a hog farm coworker insists will be read at
his funeral. Don’t ask me why he was planning his funeral during
our lunch break because I have no idea. But, well, I guess I’m
invited, in a manner of speaking.

Master Pizza, 30th Street, Tampa, Florida. A bunch of drunken
Italian relatives reading one of my less-than-serious poems
ALOUD between pitchers of beer. It was like a Joe Dolce moment.

I was working as a security guard in a particularly unpleasant
place. This was 20 years ago, I think. A fellow guard read one
of my short stories. It is, by far, the most allegorical thing
I’ve ever written. I can’t tell you how many times I’ve thought
about throwing it out. But then, I remember Bob’s words. “This
is me. This is my life.” Me too, old pal, and I don’t care if
you and I are the only two readers to have any idea what I’m
talking about. {Scapegoat Bob!}

I’ve written some pretty heady volumes, but I’ve also written
quite a few short works. I’ve heard from numerous students here
in China that, “This is the first book in English I’ve ever
finished reading.” When I write, I certainly never set out to
help anyone learn English. (Some of my editors may claim I never
learned the language.) And, students will LIE to teachers. But
I’ve decided that at least one was telling the truth.

When I left the US, I embarked on several journeys. Learning to
live in China. Learning to love again. Taking another shot at
the writer dream. And, eventually, teaching. After all that, I
tried my hand at writing humor for the first time. Every time I
hear my wife laugh at something I’ve written, I file it away as
a reason to keep writing.

I’ve written one play in my life. I was young, and quite hooked
on the album (pre-CD days) JESUS CHRIST SUPERSTAR. So, you
guessed it, I tackled JC. I wrote something that nobody can read
without having a powerful reaction. Readers love it or they hate
it. I’m proud of that. And hey, it’s only one act long. I have a
short attention span.

I loaned Clint “Two Dawgs” Hill my very first book. My cousin.
He took it to Durham (North Carolina) and loaned it to a bunch
of hippie buddies. He asked for another, because the first one
fell apart from overuse. That’s why we publish. People all but
fighting for the chance to read my words. And heck, the book
wasn’t even good yet. It’s 20 years older now.

I mention all this for the jaded old bastards who have a few
novels and bit of minor success under their belts. Nobody else
is reading this anymore, are they?

So, maybe this is why we don’t just stop when the book is
written, stick it in a drawer, and uncork the champagne.
Although I do hope you uncorked the champagne. This planet
contains far too many people who “want to be authors” but who
haven’t written a book. Never have, never will. Meanwhile, you
and I are sitting here knowing we had no choice. We had to write.

Why publish? Heck, why not?

Rancho Cucamonga Business Attorney’s Top Ten Calls You Don’t Want to Take if You’re Sarah Palin

August 14th, 2009 at 06:43am Under trademark law

Here is Rancho Cucamonga Business Attorney Sebastian Gibson’s Top Ten:

1. Vladimir Putin on line one.

 

2. The President of France on line two, again. He says he’s the real one.

 

3. John McCain wants you to be his running mate, again.

 

4. It’s the GOP. They want their clothes back.

 

5. It’s Katie Couric asking for another interview.

 

6. It’s George Bush wanting to endorse you, again.

 

7. It’s Neiman Marcus wanting payment for those other purchases you made.

 

8. It’s Afghanistan. They want you to know they aren’t a neighboring country.

 

9. It’s Joe the Plumber – he says he’s ready to be your running mate in 2012.

 

10. It’s John McCain. He says he still thinks you’re a whack job.

 

Now here is everything (well, almost everything) you need in business about personal injury, car accidents, brain damage, wrongful deaths, business, real estate, landlord-tenant, homeowners association law, construction, patents, trademarks, corporations, entertainment law, advertising, copyrights, food and wine, hotel and restaurant law, and litigation without making any serious legal missteps.  

If you need to know more about business, environmental, international law, election and campaign law, consumer law, class actions, constitutional, internet, publicity and privacy rights, publishing, advertising, media, employment law, estate planning, wills, trusts, water law, agricultural, insurance law, bad faith, psychologist and psychotherapist defense, education law or child accidents, you can find valuable information by searching for those subjects and adding the words Rancho Cucamonga business lawyer or Rancho Cucamonga business attorney to your search terms and looking for other articles by Sebastian Gibson.

 

You can also learn more about any of these areas of law and how we can assist you as Rancho Cucamonga business attorneys, or as lawyers in any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  .

 

1. Personal Injury, Car Accidents, Drowning Accidents, Brain Damage, Catastrophic Injuries and Wrongful Deaths in Rancho Cucamonga – If you’ve had a Rancho Cucamonga auto, motorcycle, truck, pedestrian, bicycle, bus, train, airplane or car accident of any kind, get the other driver’s information, take camera or cell phone pictures, call the police, get a report, seek medical treatment immediately, call us or another good Rancho Cucamonga personal injury lawyer, follow up with more medical treatment if you are still hurt, report the accident to your insurance agent, file a report with the DMV and don’t talk to anyone else or give a recorded statement until you talk with us. If you’ve lost a loved on in an accident, call us or another good Rancho Cucamonga personal injury lawyer immediately. If you’ve been bitten by a dog, get treatment, call animal control and then call us. If you or someone you know has come close to drowning, seek medical treatment immediately as death or serious injury can still occur hours later.

 

2. Rancho Cucamonga Business – Put everything in writing and preferably with our help or the help of another good Rancho Cucamonga business lawyer. Spend money only as you need to. A Rancho Cucamonga business attorney can tell you where to save costs and how to do it without risking liability. Limit your promises to employees and to customers. Buy insurance. Protect your intellectual property at the outset. Don’t disclose your inventions or any trade secrets to anyone without a non-disclosure agreement. Incorporate as soon as you are profitable. Get legal advice for problems or indications of pending lawsuits immediately. Keep all costs, including labor costs, to the bare minimum. Always use confidentiality agreements when disclosing valuable information and be careful what information you agree to receive. Tell customers they must pay in advance or on delivery. Do not agree to bill and be paid at a date after delivery. Otherwise you won’t be paid on a percentage of your products. Be wary of the potential for fraud by customers, business partners and employees.

 

3. Residential and Commercial Real Estate, Landlord Tenant Law, Mortgage Law and Homeowners Association Law in Rancho Cucamonga – Use a Rancho Cucamonga real estate lawyer who is also a Realtor, or a Realtor who is also a Rancho Cucamonga real estate attorney. Don’t buy or lease more than you need. Choose the right location. Choose the right mortgage. Don’t refinance if you think you may need to walk away from a home. Don’t buy more than you can afford. Check out the neighborhood carefully. Get a home inspection and a home warranty. Have a Rancho Cucamonga real estate lawyer look over the documents. Homeowner Associations are facing a host of problems stemming from the number of foreclosures. As fees are reduced by vacant homes and condos, projects must be trimmed back or delayed in order to save money. Some homeowner associations, who were already in trouble, may face additional problems in the future and both homeowners and their associations should consult with legal counsel to help resolve how to deal with such issues.

 

4. Construction in Rancho Cucamonga – With the construction industry in it’s biggest ever slump, down more than 90% from its peak in many areas, Rancho Cucamonga contractors need to shift their focus to energy free homes, apartment construction and to take advantage of contracts likely to be offered for bid under the new administration’s plan to create new jobs rebuilding the country’s infrastructure, construction of roads, bridges, the electrical grid and other utility projects. If you are dealing with contractors yourself, always use licensed contractors and have a Rancho Cucamonga construction lawyer look over your contracts. You can also investigate the contractor online to ensure he is licensed and insured and a Rancho Cucamonga construction attorney can do an additional investigation at little extra cost. Never pay a contractor the entire sum for a project at the start. Put all agreements in writing, including any changes.

 

5. Rancho Cucamonga Patents and Biotechnology – A patent should be applied for, for any new, and non-obvious process, or invention and to any new improvement of an invention at first opportunity. A patent is good for 20 years. Depending upon the complexity, most utility patent applications will cost between $8,000 and $12,000.00. A design patent can be applied for by a Rancho Cucamonga patent attorney, for the look of an item and is good for 14 years. A provisional patent can be applied for, good for one year at a cost of half of the usual utility patent cost but is only good for one year. If the inventor does not upgrade the provisional patent into a utility patent application within that period, usually for the cost of the remainder of the corresponding cost of a utility patent, the inventor loses his or her protection. A patent is pending once it has been applied for, and can be licensed, or sold outright. Without a patent, others can make and sell your invention with no compensation to you. Patent searches help the Rancho Cucamonga patent lawyer write an application around existing patents and cost an additional sum, usually under $1,000.00. Drawings must also be prepared for the patent application usually for under $500.00. A design patent can be sought for between $1,000 to $1,500 and a European design patent for between $2,000 to $2,500. Accelerated patent applications usually cost an additional 50% of normal patent applications. Foreign patent applications also require additional fees.

 

6. Rancho Cucamonga Trademarks – Trademark any original logos, designs, words, phrases, symbols or combinations that you use to identify your products or services as soon as possible. Call a Rancho Cucamonga trademark attorney as soon as anyone else’s trademark or service mark is so similar as to cause a likelihood of confusion in the public or if you receive a cease and desist letter from someone else accusing you of infringement. Trademark applications range from between $2,500 if there has not yet been any use of the trademark to $1,500 to apply for a trademark already in use. Therefore, to save money, create some products and advertising materials and apply for the trademark once they are ready to be sold and advertised.

 

7. Rancho Cucamonga Corporations – Never incorporate by yourself. Corporations will not protect you from liability if you do not follow corporate formalities correctly. Protect your intellectual property from the start with the help of a Rancho Cucamonga corporations attorney. Don’t borrow someone else’s employee handbook or fire problematic employees without legal advice. Don’t get investors without seeing one of our Rancho Cucamonga corporate attorneys. Cut costs to the bone. Use extra money to advertise, and sell in new markets. A Rancho Cucamonga corporations lawyer can provide you with advice as to which type of corporation or LLC to use for your business.

 

8. Entertainment Law, Sports Law, Marketing, Advertising, Media and Copyrights in Rancho Cucamonga – Whether you are a musician, an actor, a model, a writer, an athlete, a broadcaster or connected in any other way to the entertainment industry, contact us or another good Rancho Cucamonga entertainment attorney as soon as anyone gives you a contract to sign. Signing a bad contract can end your career before it’s ever begun. As soon as you have written any body of work, have it copyrighted. You can do this quite easily yourself, but if you need assistance or if someone else infringes your copyrighted work, you can then file suit against such a party.

 

9. Rancho Cucamonga Litigation – At the first sign that someone may sue you or your business, consult with a Rancho Cucamonga litigation attorney. Many times, a lawsuit can be forestalled before it has been filed or the matter resolved with letters between the litigation attorneys. If you are served with a lawsuit, hire a Rancho Cucamonga litigation lawyer like one from our firm who specializes in mediations and non-binding arbitrations so your litigation can be resolved at the soonest possible opportunity and limit your exposure to years of lawyer’s fees and costs as your case winds slowly through the courts.

 

10. Food and Wine Law, Hotel and Restaurant Law in Rancho Cucamonga – Today, hotels, restaurants, nightclubs, bars and grocery stores face an ever increasing host of new regulations they never faced previously. From the usual licensing problems they face with the Department of Alcoholic Beverage Control for adherence to and violations of ABC rules, to new state regulations involving menus and calorie counts in fast food restaurants and new rules requiring groceries to show the country of origin in labels on most of their produce and meat. The worst case scenario today for an establishment serving alcohol, is to serve a minor alcohol who later dies in an auto accident. Such an establishment will need legal representation by a Rancho Cucamonga food, alcohol and restaurant lawyer before the ABC as well as legal defense of civil lawsuits filed against it.

 

If you have a legal matter in Rancho Cucamonga, Ontario, Temecula, Murrieta, Riverside, San Bernardino, Moreno Valley, Fontana, Rialto, San Bernardino County, Redlands, Hemet, Perris, Colton, Highland, Yucaipa, Banning, Riverside County, Big Bear, Lake Arrowhead, or anywhere in the Inland Empire, our Rancho Cucamonga law firm has the knowledge and resources to be your Rancho Cucamonga Lawyers and your Rancho Cucamonga Attorneys. Be sure to hire a Coachella Valley law firm with experience in Personal Injury, Car Accidents, Drownings, Brain Damage, Catastrophic Injuries, Wrongful Death, Business, Real Estate and Landlord Tenant Law, Homeowner Association Law, Construction, Trademarks, Patents, Corporations, Entertainment, Sports Law, Marketing, Advertising, Media, and Copyright Law, and who will endeavor to ensure that your rights are properly represented.

 

Additionally, if you have a legal matter which involves Environmental and Toxic Tort Law, Litigation, International, Shipping and Maritime Law, Employment, Election and Campaign Finance Law, Consumer Law and Class Actions, Constitutional, Publishing, Publicity, Privacy Rights, Internet Law, Advertising and Media Law, Food and Wine Law, Hotel and Restaurant Law, Estate Planning, Wills and Trusts, Water, Agricultural and Natural Resource Law, Insurance Law, Bad Faith and Psychiatrist and Psychotherapist Defense, Education Law or a Child Accident in Rancho Cucamonga or anywhere in Southern California, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how a Rancho Cucamonga attorney from our offices can assist you.

Using Royalty Free Music As Myspace Music Backgrounds

August 14th, 2009 at 06:42am Under music copyright

Want to give your myspace profile page the extra edge? Then try adding heart-thumping tracks to give it extra energy such that your profile viewers go “whoa” each time they view your page. If you think that your myspace profile page is a little bit old, then it is time to spice it up once more. But if you are already running out of ideas, then fret not because help is here. Have you heard of royalty free music before? Learn a few tips and tricks on using royalty free music as myspace music backgrounds to beautify your profile page once more.
Royalty free music is basically music that can be purchased and used infinitely many times. You can use it anytime, anywhere and on every project that you are working on without the need to worry about the cops running behind you. Well, unlike copyright tracks like the songs over the radio, royalty free music can be used freely, without limitations. Since you are the purchaser, then you have the license to do anything you like to it.
But why bother purchasing royalty free music when you can simply use Green Day’s song? Well, you DO want to be different don’t you? Simply purchase a royalty free music track that is available on the Net and upload it as your myspace music background. When searching for a royalty free music, don’t expect to see familiar track titles. Royalty free music are songs that you never heard of before. But the cool thing about it is that they sound as good as Green Day’s!
So instead of the normal Britney songs that most probably thousand of myspace users have as their background music, stand out of the crowd and choose something that is fresh and new. Why would you want to use the same song as thousands other myspace users when you can actually choose something nicer and better from the Web?
If you are feeling creative, download a couple of tracks and sound effects and try tweaking them around such that you end up composing your own songs. As the purchaser, you have every right to do anything to the royalty free music. Even if you edit the tracks to death, no one is going to hunt you down.
Do not worry if you think royalty free music is going to sound ‘cheap’. This is because there are actually famous composers out there that compose these royalty free songs and sell them as royalty free music. So, all you need to do is to choose the right kind of composers.
All royalty free music also provides you with a sneak preview so you can actually listen to the tracks before choosing the best one.
Royalty free music comes in all genres, from hip-hop, to classical and even rock. All you need to do is to choose one that suits your myspace profile theme best and you are good to go. Amaze everyone with a new kind of song and don’t act surprised if a profile viewer commented that he likes your choice of background music.

Starting a Franchise – 10 Important Steps to Remember

August 14th, 2009 at 06:41am Under intellectual property

Once you have mastered these tasks, you may reach the point where you would like to expand your current business. You can always hire additional employees, market more aggressively or expand your current product line. However, there is another very viable alternative you should definitely consider – franchising your business! I’m going to discuss some of the important elements of franchising to help you decide if this is the right route for you.

The decision to start a franchise should not be taken lightly, but it can prove to be very financially and emotionally rewarding. I’m going to discuss some of the steps you should consider to ensure your franchise succeeds.

Step 1: Understand What a Franchise Is

Before you begin, you need to understand the meaning of the word franchise. The term signifies a legal arrangement in which one party called the franchisor grants the rights to market products or services using the trademark of their business to an individual or group of people called the franchisee. The franchisee can then market the products or services using the methods specified by the franchiser. In return, the franchisee must pay the franchiser specified royalties and fees to use these rights. Rather than an actual business or industry, franchising is a method businesses use to market and distribute their products or services. Both parties share an interest in ensuring the company succeeds.

Step 2: Review the Benefits of Franchising

Another step before you actually decide to franchise your business is to list all the advantages. Consider that you will be able to expand much more quickly and less expensively by franchising. Another advantage is the fact that the more franchises that exist, the greater your purchasing power. If you are considering purchase a franchise, you can fulfil your dream of becoming self-employed and start running your business more quickly. As a franchisee, you will normally gain valuable ongoing support, training and advice from the franchiser. Raising finance to purchase a franchise is also much easier than raising the money to start your own business.

Step 3: Consider the Disadvantages of Franchising

Like any business venture, starting a franchise has its disadvantages. As a franchiser, you will lose a significant amount of control over your business. As a franchisee, you will lose creative freedom as you need to follow the requirements established by the franchise owner. You also have to pay a certain percentage of your profits to the franchiser.

Step 4: Requirements to Set Up a Franchise

You need to investigate the particular requirements to start a franchise in your country. The legal requirements vary greatly, depending on where you live. For example, the British Franchise Association requires that all franchisers possess at least one year of experience running a business before they can franchise. If you are a franchisee, you should consider a pilot operation that has an audited set of accounts. This makes it easier to evaluate if the business is going to be profitable.

Step 5: Intellectual Property Rights

At the beginning of the franchise agreement, the franchisee will obtain a package outlining all the intellectual property rights. It’s important to ensure that the franchiser’s rights are protected. The intellectual property may consist of a trademark, patent, registered design or copyright. The franchise agreement will specify exactly which licenses will be awarded to the franchisee and how they can be used.

Step 6: Operating Manuals

If you are planning to start a franchise, you need to obtain a detailed operating manual. This document will outline the essential information the franchiser has gathered while operating the pilot scheme. The manual will disclose any relevant information necessary to run the franchise successfully, including sales, reporting, equipment, marketing and accounting requirements. This document contains valuable information about the business. Hence, the franchise agreement will normally specify that the contents remain confidential and are never shared with any third parties.

Step 7: The Premises of the Franchise

You need to determine if the franchise you are planning to start is mobile or property-based. Some franchises may be run from your own home, whereas others are operated with customised vans. The location of the business may be crucial in the development of the franchise network. Hence, the franchiser may choose to retain control of the premises.

Step 8: Establishing a Franchise Agreement

If you are considering offering franchises, you have to prepare a franchise agreement. This document will permit the franchisee to run the business according to the specified legal obligation and intellectual property rights. The agreement must meet local law requirements, and it should protect the franchiser and present a workable document to the franchisee.

Step 9: Determining Franchise Fees

Before starting a franchise, you need to determine the fees involved. As a franchisee, you will be required to pay an initial fee to the franchiser for the privilege of joining the franchise network. Franchisees may also pay management fees, although they are sometimes included in the wholesale price of the product. Lastly, the franchiser usually receives ongoing royalty fees that represent a specified percentage of the profits.

Step 10: Understanding the Obligations of Both Parties

As a franchiser, you are obligated to provide support, training, a detailed operating manual and a franchise agreement to the franchisee. You also agree to promote the brand and to avoid competing by not granting other franchises in the same area.

As a franchisee, you must run the franchise business according to the guidelines established in the manual and the rights specified in the franchise agreement. You are responsible for keeping proper records, obtaining insurance, ensuring confidentiality, complying with intellectual property rights and maintaining the franchise premises.

Be Business Smart has been created to assist anyone who is setting up a new company and to offer valuable support and advice to individuals who wish to expand their current business.

Did you realise that approximately 80% of new businesses fail each year? You certainly don’t want to become one of those statistics. Fortunately, Be Business Smart can provide you with the help and support you need to ensure your business becomes a success!

Be Business Smart offers two levels of membership to suit your business budget. Here at Be Business Smart, we have a lot to offer any new business, but please don’t take our word for it. We encourage you to browse our website and see for yourself. http://www.bebusinesssmart.com

The Purpose of Yoga: Success and the Law of Karma

August 14th, 2009 at 06:41am Under copyright law

Some Gurus, and Master Yoga, teachers do not embrace the concept of Yogic principles being used for success, self-improvement, and for acquiring abundance. After all, many people have misused power, and abundance, ever since primal man could stand up on two feet.
Lord Acton’s words ring true very often, when he said, “Power tends to corrupt; absolute power corrupts absolutely.” Many times, throughout history, famous people have fallen prey to power, which they thought they could handle, but learned that temptation was more powerful than their code of ethics.
Yet, we cannot help the poor much, if we are also poor. You can perform selfless service (Karma Yoga), no matter how much money you have; but you cannot contribute food to the poor, if you are waiting in line at a soup kitchen.
Therefore, if you have a plan for success, you should also have a plan to help those in need. The ancient Yogis completely understood the difference between wanting and envisioning. They also understood the pitfalls of each.
Children “want,” and so do “big children,” in adult bodies. They want without vision and take no action. Adults who take no action have mottos such as: “Why me?” “Why is life so unfair?” and “If life was fair, I would be rich.”
Whatever fortune falls into the lap of a person who wants, it is taken for granted and quickly squandered. The saying, “Easy come, easy go,” can become a lifestyle.
Envisioning is completely different from wanting. Envisioning allows a person to take a concerted effort toward a goal and achieve it. When a Yoga practitioner envisions something, it will often “come to pass,” because he or she took action, in the form of small steps, to make a thought become reality.
It is interesting, when the world, outside India, is “hooked” on Hatha Yoga (Union by Physical Mastery). Yet, Bhakti Yoga, Karma Yoga, Jnana Yoga, and Raja Yoga, are considered more advanced forms because they enhance mental and spiritual health. You see, the real power is in the mental and spiritual forms of Yoga.
Luckily, most people age, and mellow a bit, before discovering the true powers of envisioning and action. However, integrity ethics, and character, are often in short supply, when someone becomes “instantly rich.”
How often do we read about sports, and movie celebrities, who cannot handle their instant fame or material wealth? This is why the Law of Karma, and practicing Karma Yoga, are so important. Design a plan to give, help, and forgive, whenever you envision success.
Copyright 2007 – Paul Jerard / Aura Publications