Stephen Colbert on Copyright Law

Stephen Colbert weighed in on a current Supreme Court case that will address an important question of copyright law known as the “first sale doctrine.” The case involves the intersection of quick global travel and laws written before the age of cheap international shipping. Here’s the clip:

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Social Media & Privacy - Dos and Don'ts

Visit bizarrocomics.com for more!Many folks (especially the young ones) have social media accounts these days, such as Facebook, Twitter, Google+, and the like. Grandmas use them to look at pictures of grandkids, college students use them to stay up on their friends, and many of us get our news from them. 

While social media is, by nature, a way to share your interests with others, it is a good idea to protect yourself online. Here are some tips to help get you there:

DO make sure your privacy settings are set to "Friends Only". Without this, anyone can see and use your personal information without your knowledge.

DON'T accept friend requests from people you don't know. Fake accounts can be used to access and download your personal information.

DO consider how a post will look to others before you post it. Others may not understand inside jokes or context unless you provide it.

DON'T overshare. You have a First Amendment right to privacy, but it can be given away.

As lawyers, we have seen a growth in requests for information from social media websites by insurance companies and the defense lawyers they hire. Unless information is guarded, insurance companies can access material on social media websites and have used it against people making claims.

Sometimes the information gets taken out of context. For instance, in one case a young woman was hurt in a car wreck. Her favorite thing to do in the summertime before the wreck was tubing on the lake. She tried it once or twice after her wreck, but it aggravated her symptoms and she didn't do it any more after that. Sure enough, the insurance company found a picture online from the one time she went tubing after her wreck and tried to use it against her, even after the proper context was explained to them.

What you say or post can affect your claim, and some judges have ordered litigants to turn over information on social media sites even where the highest privacy settings were selected. So, especially for people involved in court cases, it is important to be selective about what you post.

Halloween safety tips

Spongebob Squarepants pumpkin by NathanIt's that time of year again! Many of you will probably be trick-or-treating with loved ones over the next few days.

The most comprehensive list of Halloween safety tips is here. It includes tips on costume safety, food safety, protecting your children, pet safety, instructions for motorists, and general holiday safety tips.

Here are some more tips from the CDC:

• Swords, knives, and similar costume accessories should be short, soft, and flexible.
• Avoid trick-or-treating alone. Walk in groups or with a trusted adult.
• Fasten reflective tape to costumes and bags to help drivers see you.
• Examine all treats for choking hazards and tampering before eating them. Limit the amount of treats you eat.
• Hold a flashlight while trick-or-treating to help you see and others see you. Always WALK and don't run from house to house.
• Always test make-up in a small area first. Remove it before bedtime to prevent possible skin and eye irritation.
• Look both ways before crossing the street. Use established crosswalks wherever possible.
• Lower your risk for serious eye injury by not wearing decorative contact lenses.
• Only walk on sidewalks whenever possible, or on the far edge of the road facing traffic to stay safe.
• Wear well-fitting masks, costumes, and shoes to avoid blocked vision, trips, and falls.
• Eat only factory-wrapped treats. Avoid eating homemade treats made by strangers.
• Enter homes only if you're with a trusted adult.
• Never walk near lit candles or luminaries. Be sure to wear flame-resistant costumes.Provide healthier treats for trick-or-treaters such as low-calorie treats and drinks. For party guests, offer a variety of fruits, vegetables, and cheeses.
• Use party games and trick-or-treat time as an opportunity for kids to get their daily dose of 60 minutes of physical activity.
• Be sure walking areas and stairs are well-lit and free of obstacles that could result in falls.
• Keep candle-lit jack-o'lanterns and luminaries away from doorsteps, walkways, landings, and curtains. Place them on sturdy tables, keep them out of the reach of pets and small children, and never leave them unattended.
• Remind drivers to watch out for trick-or-treaters and to drive safely.

Happy Halloween from the Chaney Law Firm!

FDCPA protects consumers against unfair debt collectors

Here's a recent report on a debt collection company that was sued for abusing an Army veteran. The veteran was declared 100% disabled after suffering permanent spine and head injuries during his service. The debt collector told the veteran that he should have served his country better and he wouldn't be disabled, and that he should have died.

The Chaney Law Firm handled a similar pro bono case recently, and helped a disabled veteran prove in court that he had paid what he owed.

This type of abuse is against the law. The Fair Debt Collection Practices Act (FDCPA) protects consumers against unfair abuse. Some of the things that are illegal are:

• threatening violence or other criminal acts to get someone to pay a debt
• cursing at a consumer who owes a debt
• publishing someone's name in a list of people who owe money
• repeated telephone calls
• lying about the character, amount, or legal status of the debt

The FDCPA prohibits many other acts as well. If a consumer is tired of hearing from a debt collector, he or she should (1) tell the debt collector to provide validation of the debt, and (2) instruct the debt collector not to call or write anymore. If the debt collector's conduct becomes abusive, a consumer should keep a log of contact from the debt collector, noting the date, time, and duration of the call as well as what the debt collector said. Attorneys need this type of information to be able to help.