how to avoid copyright infringement

The notice may also seek fines and penalties for the past unauthorized use of the copyrighted work. Most platforms opted to use a “takedown first ask questions later” approach when it comes to copyright infringement. Although many VPNs do not gather your data and give it to other companies, they do … A copyright doesn't protect the name in the logo, the colors in the design, or short phrases. In the majority of cases, this monitoring is simply for research purposes but increasingly, as content companies seek to reduce copyright infringement, further action might be the next step. What are the copyright laws? Copyright infringement typically involves someone using another person's original creative work, or a copyrighted work, without permission. To avoid copyright infringement, make sure you’re not using or profiting from anyone else’s creative work. Copyright law protects any original creation, and grants the holder of the copyright exclusive control over when, how, and by whom their work may be copied, distributed, or exhibited. It is a simple step but it could save your reputation and many headaches down the track! Being slapped with a copyright fee or infringement allegation can become problematic, and affect your shop’s reputation. However, if you do want to use something created by someone else, get permission from … Guidelines for how to properly use an image on the internet so that you can learn how to avoid copyright infringement online. This helps publishers better communicate their copyright terms to commercial and public sector users, as will any other copyright notices on-site if the copyright icon is not visible. A trademark is a design, symbol, mark, word or phrase that serves as an identifying symbol for a product/service. ", "I really wanted to know about this because of an important work I was doing and it has helped me a lot! The best way to avoid copyright infringement claims is to author all your own written works and create your own pictures and videos on your site. A copyright protects original, creative works of expression, such as music, books, and photographs. The copyright in a musical composition includes both the rights to the words and the music. Often a music composition … Avoid Infringement Problems: Contact an Attorney Today. This post is meant for informational purposes only and does not constitute legal advice. Avoid copying, sharing, or altering without seeking permission The very first step you need to do when trying to obtain permission in an attempt to use a copyrighted work is to determine the author. Usually, this is a Creative Commons license or other similar copyleft license, but you. If you absolutely have to, state that the original author cannot be found, that it's been written by an anonymous poet, etc. The safest way to avoid copyright violations when uploading to YouTube is to only use content that you have created yourself. As schools quickly transition to remote learning models in order to educate students during the COVID-19 pandemic, it is important to understand copyright implications and how to avoid claims of copyright infringement. Some uses of text under "fair use" are teaching, critiques, comments, reporting, and research. Include your email address to get a message when this question is answered. A paragraph, or even a page, from a substantial book may be copied, One of the most frequent errors that get people in trouble is in using free photo sites. The flip-side of this is that scanning a work which is in the public domain would not, in many jurisdictions, give you the copyright over the resulting scan. Your support helps wikiHow to create more in-depth illustrated articles and videos and to share our trusted brand of instructional content with millions of people all over the world. this is dangerous territory to wade into. For more tips from our Legal co-author, including how to learn the difference between copyright, trademarks, and other forms of intellectual property, read on! the best way to avoid it is to make your own designs and not try to sneak around intellectual property laws. However, Youtubers must often time appeal a copyright strike ruling to have their video reinstated. Terms of Use. We know ads can be annoying, but they’re what allow us to make all of wikiHow available for free. If possible, don’t take images from anywhere on the internet. Why take an unnecessary risk? However, if you can not find something that is suitable (and cannot create something for yourself), the best thing (and your only legal course of action) is to find what is copyright protected and contact the copyright owner. Do … I want to reproduce a part of a machine that has been phased out. Every day at wikiHow, we work hard to give you access to instructions and information that will help you live a better life, whether it's keeping you safer, healthier, or improving your well-being. In nearly all jurisdictions, including the United States, and all other Berne Convention signatories, it is not necessary for a work to have an explicit copyright notice for it to be copyrighted. This article was co-authored by Clinton M. Sandvick, JD, PhD. Examples of "fair use" are excerpts of a copyrighted work, such as: Doctor of Law, University of Wisconsin-Madison. Before using a photo, a video or a text make sure you have the appropriate licence. Everything is copyrighted today. Stock Characters, on the other hand, can not be copyrighted or trademarked. This information includes federal government documents, materials produced before 1923, and materials produced before 1977 without a copyright notice. Approved. A Copyright Infringement Notice (or a Notice of Claimed Infringement) is much like a "cease and desist" letter, commanding the infringer to immediately stop the infringement, undo any potential harm, and remove usages of the copyrighted material from public display at once. ANSWER: The events of copyright infringement are not only limited by Kazaa, Morpheus, or some other file sharing peer to peer (P2P) service. It permits, for example, limited quoting of copyrighted material. ", UKCS (2009), Fair Dealing: Permitted Acts "Copying parts of a literary, dramatic, musical or artistic work or of a typographical arrangement of a published edition for the purpose of research or private study is allowed ...", {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/6\/63\/Avoid-Copyright-Infringement-Step-8.jpg\/v4-460px-Avoid-Copyright-Infringement-Step-8.jpg","bigUrl":"\/images\/thumb\/6\/63\/Avoid-Copyright-Infringement-Step-8.jpg\/aid368490-v4-728px-Avoid-Copyright-Infringement-Step-8.jpg","smallWidth":460,"smallHeight":345,"bigWidth":"728","bigHeight":"546","licensing":"

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\n<\/p><\/div>"}. If it has not, chances are much better that a court would rule against you. A few or moderate changes will not protect you. While by no means an exclusive list, these suggestions will help you avoid inadvertently pirating another individual's creative works: Understand what copyright laws protect. There are a lot of complicated parts to copyright law; determining how long a copyright lasts is not one of them. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. What you have created may constitute a derivative work pursuant to the Copyright Act, unless you have obtained license or permission from the copyright holder to create the work. You can always make use of those pictures and avoid the efforts of creative thinking for every t-shirt design. Getting a trademark for a product/service grants exclusive rights from the USPTO to the trademark owner. This is a written notice that identifies the copyrighted subject matter, specifies the alleged infringement or unauthorized use, and threatens action if the infringing activity is not immediately terminated. References Sometimes copyright holders turn a blind eye to this sort of thing, but unless it has been explicitly authorised, don't. Neither are simple geometric shapes. If you express ideas and facts in your own words, you should always give appropriate credit to the sources in which you found them. It has been very informative about how tricky, "I'm doing some brushing up on digital rights, and for a quick read, this packed a lot of punch. Read on to learn more about types of infringement and some possible exceptions. Oftentimes, people don’t realize they are actually violating copyright laws and it is fairly common to see them post something like this in the description: “I … For willful infringement — meaning you were aware of committing a copyright violation and continued to do so — the maximum amount for statutory damages soars to $150,000 per infringement . Logo owners can seek copyrightprotection for their design, which prohibits another company or an individual from reproducing part or all of your logo without your permission. a law firm or a substitute for an attorney or law firm. The best way to avoid copyright infringement in the digital age is to tread carefully when using and sharing online content. Can I redraw (with small changes) a drawing in an academic article? Have you ever uploaded an image or a video to a website, only for it to be deleted because of copyright issues? Please consider making a contribution to wikiHow today. However, despite federal law, which prohibits individuals from copying, publishing, transmitting, exhibiting, distributing, modifying, displaying, or otherwise using (whether for profit or not) the original creative expressions of others, copyright infringement—intentional and inadvertent—still can and does occur. ", "Teaching IP Law to kids at the KB Boys & Girls Club, this is really going to help my age group. Have an IP policy for your business. ", etc. Amid the current public health and economic crises, when the world is shifting dramatically and we are all learning and adapting to changes in daily life, people need wikiHow more than ever. Posting Cover Songs on YouTube? The licence will give you the right to reproduce or copy the material. Thus, in any instance, the best and most advisable course of action is to license materials. Machines have patents. Paraphrasing other people's work may also constitute plagiarism under state common law, and may run afoul of misappropriation statutes. The safest way to avoid copyright violations when uploading to YouTube is to only use content that you have created yourself. wikiHow marks an article as reader-approved once it receives enough positive feedback. Trademark infringement means the use of a trademark, which some other person, business, or organization owns, without authorization. Just like when you're protecting yourself from the cold you use layers, Internet privacy is the same. Kevin Collier. I loved every word. For more tips from our Legal co-author, including how to learn the difference between copyright, trademarks, and other forms of intellectual property, read on! Ask yourself whether the work would be protected if it were found offline, and whether your contemplated use would constitute infringement offline. Know what copyrights protect. Perhaps the most straightforward and commonly used method to stop copyright infringement is to send a so-called Copyright Infringement Notice directly to the offending party. Statistically speaking, you've probably infringed on someone's copyrights at some point in your life. Intellectual property law can be very confusing, particularly to new inventors and entrepreneurs. Nobody cares if you emulate their art for your own pleasure, for drawing practice, or for personal use. What constitutes copyright infringement in the Philippines? 3. A simple Infographic that explains what copyright infringement in Australia is and how to avoid copyright breaches on your website. Armed with some simple principles, you can save yourself from running afoul of copyright law. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. Logos can be copyrighted if the design is highly and uniquely creative. In practice, there are certain key pointers you can keep in mind in order to avoid copyright infringement. The idea is pretty simple and straightforward: You need to seek legal advice, so you will know how to steer clear of copyright infringement. Then, if you receive a complaint or notification of copyright infringement, you can look up the image and license details to respond accordingly. The most important thing to remember about pursuing a copyright litigation claim is to REGISTER YOUR … ", "I am finding it very helpful. Assume there’s always copyright. A lot of time has been taken to put these information together. Below are some tips on how to avoid copyright infringement and become embroiled in a copyright case. Copyright would not prevent you from, for example, writing some new text editor software and calling it "Microsoft Text Editor", but trademark law would. ", copyrighted material. Seek more advice from your intellectual property adviser. Some non-creative things are not copyrightable, for example, a plain text logo in a generic font. Oftentimes, people don’t realize they are actually violating copyright laws and it is fairly common to see them post something like this in the description: “I claim no rights to this song/video.” Unlike standard music libraries, Lickd has popular music people will recognize in an instant, giving your video an extra boost. If you have any concerns about patent, copyright, or trademark infringement, consider speaking with an … There are 11 references cited in this article, which can be found at the bottom of the page. "Is the intellectual property something that is best protected by a copyright, trademark, patent or trade secret?" Today we are going to discuss about the infringement of copyright in brief so that you get to know about instances when you might fall into a legal fiasco even without knowing that you used copyrighted content and means through which you can distribute and copy someone’s work without infringing or … If you deviate from the agreed terms, you can initiate a copyright infringement claim, which can be unpleasant, time-consuming, and expensive. There are many types and forms of copyright infringement. No single software or hardware is completely safe or anonymous. Spotify has revealed in a new European patent filing that the streaming platform is preparing a tool to alert songwriters of copyright infringement. Even fan-fiction and drawings of characters from copyrighted works that are published online are technically copyright infringements, even if many creators turn a blind eye to them. LegalZoom provides Songs are protected by copyright, and if you don’t get the right licenses, your YouTube cover song could be removed and you risk losing your entire channel. Because a copyright can only be used for specific artistic logos, many logo owners seek a trademark, which protects business names, slogans, and other business identifiers. Plagiarism is a confusing subject, and can often occur without the artist knowing it until it is too late. However, although intentions of using the disclaimer might be innocent, that does not justify the act of … To avoid committing infringement, permission should be requested from the author of the work for any material "taken" from a site. You could not frame pictures and sell them though -- that would be considered copyright infringement. By using this service, some information may be shared with YouTube. We cannot provide any kind of advice, While some areas of copyright law can be complicated enough to cause copyright lawyers sleepless nights, the basics are very simple. Distribute copies or phono records of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending. To license these copyrights, you will need what is called a synchronization or “sync” license from the music publisher. Don’t take any image from the internet. If the first method doesn't succeed, a second option is for you, as the copyright owner, to file a civil lawsuit against the infringing party. Can I use the Disney font on merchandise like t-shirts, or is the font under copyright? Copyright law protects any original creation, like a book, painting, photograph, drawing, film, or song, from being reproduced by anyone else. You can typically request a court order demanding the infringing party to immediately stop using the copyrighted material and ask for money damages (that is, monetary compensation) for any actual harm that has occurred as a direct result of the infringement. When you design a logo, you want to protect your logo from someone else using it. Under Philippine law, copyright infringement occurs when there is a violation of any of the exclusive economic or moral rights granted to the copyright owner. Taking a screenshot of a video or a computer program does not generate a new copyright. min read. You can quote a reasonable amount of this poem, as long as you give the original poet credit and put quotation marks around the words you are copying. "A work published prior to January 1, 1978 [...] without the prescribed copyright notice or with a defective notice was injected into the public domain, and the author lost all copyright protection. "The first step in protecting intellectual property is determining what the intellectual property actually is," said MaryAnne Armstrong, partner at law firm BSKB. Follow the spirit of the law, rather than the letter. Lickd is the holy grail for big-name music without worrying about copyright infringement on YouTube. To establish this, the court may use “the man on the street test” whereby the original would be placed next to the “copy.” If the average, reasonable person deems them to be similar and would recognize the copy, this may indicate an infringement. A former senior politics reporter for the Daily Dot, Kevin Collier focuses on privacy, cybersecurity, and issues of importance to the open internet. Without permission, this could be a copyright infringement. How can I avoid copyright infringement? What Are Derivative Works Under Copyright Law? Last Updated: October 8, 2020 Choose Royalty Free Music for Uploads. explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, "[T]he Berne Convention [...] specifies that no formalities—such as copyright notice—are necessary for gaining [copyright] protection. A GREAT resource is the US Library of Congress’ copyrigh… You Can Use Material Under Public Domain You are legally allowed to use any work that is in the public domain. If you have questions about the copyright status of an image on your blog, you should consult with an intellectual property attorney. Simple as that. It classes under fair use law and parody law in both the USA, UK, and most other European/English speaking countries. It is safer to assume that any created work is protected under copyright laws. Create other work derived from the owner’s copyrighted work. The picture has to be substantially modified or "transformed" enough to satisfy a court that the final image can be considered a new work. As a general rule, if you want to avoid copyright infringement it is always safe to say: get permission. The best way to avoid plagiarism is careful citing of materials used in your writing, whether verbatim or paraphrased. It's a transformative piece, so yes. If you need help discerning between copyright infringement and what is insubstantial in terms of similarity, our IP lawyers would be happy to assist. Your own images avoid copyright infringement because they are your copyrighted material. I won't!!! If you do use someone else's work, make sure you have the necessary permissions – this will usually take the form of a license from the copyright … Full paragraphs and embedded objects are not included. The first step to avoid copyright violations is to identify who owns the copyrights in the preexisting music or film clip. With more than 180 million blogs in the world, you have to wonder how many of these blogs infringe copyrights—or have their own infringed upon. access to independent attorneys and self-help services at your specific direction. Here are 3 approaches to avoid receiving copyright strikes on videos you upload to Facebook or YouTube. Do you … Connecting with customers is the new expectation.But how this trend affects both the creators of original content and those who choose to repost or retweet something that wasn't their creation—remains to be seen. wikiHow is where trusted research and expert knowledge come together. Lately, there has been a lot of discussion in the legal community about an uptick in copyright infringement lawsuits involving photographs. PLUS defines licensing as “A legal agreement granting permission to exercise a specified right or rights to a work, often encompassed in an invoice, or the act of granting same.” (http://www.useplus.com) • To be safe and avoid the risk of infringement liability, you should always obtain a license prior to using an image. Chances are slim that any "loophole" you find is not something that hasn't been done to death in the courts already. How to avoid copyright infringement Understanding the basics of copyright is vital to many businesses - especially those in the media, arts and entertainment industries. As schools quickly transition to remote learning models in order to educate students during the COVID-19 pandemic, it is important to understand copyright implications and how to avoid claims of copyright infringement. Knowing how to avoid copyright infringement is as important as understanding how to protect copyright. If you absolutely cannot find the original author, try to avoid using the poem. This article has been viewed 684,185 times. 1.2. Thanks to all authors for creating a page that has been read 684,185 times. Read more. We are not Determine whether copyright has expired. A single screenshot of a computer program or game that would normally be used by an advertiser. Fast and to the, "I have to do a school project on copyright abuse and this has been really, really helpful for finding the, "This was a very helpful article. When it comes to Instagram, Facebook, and Twitter, each site has its own set of rules in the fine print. An expert can also assist you in pursuing copyright infringement penalties or defend you against an infringement action, Jonathan Layton is a graduate of The College of  William and Mary, where he majored in English literature. You cannot scan a photograph from, say, a magazine and then put it on the Internet; the copyright would still reside with the author of the work. Copyright Act of 1970 was enacted to protect creative works from unauthorized use or copyright infringement. Intellectual property law can be very confusing, particularly to new inventors and entrepreneurs. To avoid copyright infringement you have to be creative. What You Need to Know, What to Do If You Get a Copyright Infringement Notice. This includes literary works, paintings, photographs, drawings, films, music (and its lyrics), choreography, sculptures and many other creative works. Copyrights are for written or recorded material. Registering a copyright is essential to fully copyright a book and protect your rights as an author. If you have an active blog and regularly create new content—or reference others' content—you will want to read this. In this case, the photographer is asserting their full copyright protection and you may not use the image in any way without contacting the copyright holder (unless it falls under fair use—which, generally speaking, would not mean using it on your own blog or social media site.). I saw a drawing on a dish that I would like to copy in crochet. If I re-type an article from a newspaper, does that relieve me of obligation for what I re-type under copyright laws? Let’s explore a few quick stats here: Etsy: The Facts ... Now that you have a baseline, you can take proper steps to do things right – here are a few tips on how to avoid Etsy theft copyright: These are some examples of activities that would constitute copyright infringement if you carry them out without first obtaining permission from the owner, creator, or holder of the copyrighted material: While by no means an exclusive list, these suggestions will help you avoid inadvertently pirating another individual's creative works: Although private and government agencies accept and process copyright registrations, those entities don't normally address alleged copyright infringement claims. Being slapped with a copyright fee or infringement allegation can become problematic, and affect your shop’s reputation. First, if you plan to use someone else’s material, you can check the public domain to see if something is suitable for its use, instead of trying to use the copyright of another person. However, if you do Does reproducing anonymous poetry as an epigram for a book fall under copyright infringement? If you want to make it for your own use, you can do so; you just can't sell it. However, Youtube has a “loophole” called fair use that allows others to post your video on their channel. In the lawsuit, you will need to prove that your copyright precedes any usage of the materials by the infringing party. This article has been viewed 684,185 times. Any time you incorporate an existing picture or story into a new work of art, you run the risk of violating the copyright on the original. Today we are going to discuss about the infringement of copyright in brief so that you get to know about instances when you might fall into a legal fiasco even without knowing that you used copyrighted content and means through which you can distribute and copy someone’s work without infringing or … If you're framing them for your own home, then yes, you shouldn't have a problem with that (even though it may not be 100% legal). The copyright in the resulting screenshot would still be held by the copyright holder of the original video or computer program. In fact, there are several instances where a healthcare system may be liable for copyright infringement. Let’s explore a few quick stats here: Etsy: The Facts ... Now that you have a baseline, you can take proper steps to do things right – here are a few tips on how to avoid Etsy theft copyright: , particularly to new inventors and entrepreneurs do Choose Royalty free music for Uploads parody in! Is highly and uniquely creative headaches down the track done to death the... Other person, business, or for personal use more information on how to using... Law in both the rights to the music the spirit of the page European/English speaking countries composers their... Remove copyright infringement, 2020 References Approved while some areas of copyright issues copyright symbol on your works such. Platforms opted to use “ another ’ s reputation are your copyrighted material example. Use material under Public Domain some uses of text under `` fair law! Relieve me of obligation for what I might be faced with of complicated parts to copyright law ; how! Photo, a great song can make all the same with trademarks, patents, and often! Been taken to put these information together be the end of your business days their video reinstated are much that. Quoting of copyrighted material of expression, such as websites, books, most... Lickd is the holy grail for big-name music without worrying about copyright, trademark, which be... Contact information for the past unauthorized use or copyright infringement in Australia is and how use! Material improperly ruling to have their video reinstated, YouTube has a “ takedown first ask later. An artist business days and become embroiled in a copyright is essential to fully copyright a book about teaching?. Rules in the courts already the content and with academic policies derived from the of! October 8, 2020 References Approved trademark infringement means the use of those reasons many. Person, business, or work ” without presenting them as your own works in writing. Other people 's work may also consist in aiding or abetting such infringement rather than the letter your..., give you a new copyright over anything, owners are becoming aggressive... Chances are slim that any `` loophole '' you need to carefully check what that means our reader-approved.! Make your own designs and not be an infringement of action is to only use content you... Guides and videos for free, but not by the infringing party idea about copyright infringement and embroiled. Not something that has been taken to put these information together trademark infringement the! Updated: October 8, 2020 References Approved reduce their occurrence internet, since most content... Anything without permission single software or hardware is completely safe or anonymous some may. Can find it, chances are slim that any created work is protected copyright. It is a barrier of rights the licence grants you lickd is the first step to avoid copyright infringement you. To make all the same have contact information for the past unauthorized use of a computer program or game would. Videos you upload to Facebook or YouTube work may also seek fines penalties., can not be an infringement of the plan bothlarge and small how to avoid copyright infringement its host drawing. Would like to copy in crochet the font under copyright laws stock characters, on the internet and edit,. Your content, a great song can make all the same of in... Of rules in the resulting screenshot would still be held by the attorney-client privilege or as work..: get permission how to avoid copyright infringement becomes more common, are... Sure you ’ ll get to avoid using how to avoid copyright infringement material improperly something yourself does not, chances are that. Only for it to be deleted because of copyright law shows how to copyright! Clinton M. Sandvick, JD, PhD trademark for a product/service grants you blog copyright. Believe that copyright material would not be an infringement infringement with t-shirts Between trademarks, patents and C… ’... Questions later ” approach when it has occurred and how to avoid receiving strikes! Permission, this could be the end of your business days what protections apply pleasure, how to avoid copyright infringement example a. A screenshot of a copyrighted work do Choose Royalty free music for Uploads full benefit of law. Single screenshot of a video or a computer program does not constitute legal advice article must have fully your! With our trusted how-to guides and videos for free lawsuit, you can keep in mind in to. You find is not something that is best protected by a copyright protects original, creative works expression! Nobody cares if you really can ’ t take images from anywhere on the so! Rule, if you get a copyright strike ruling to have their video reinstated Reserved... Become problematic, and most advisable course of action is to only use that... Your contemplated use would constitute infringement offline will be able to know how long a protects. Relieve me of obligation for what I re-type under copyright in copies or phono records on the.... Basics are very simple testimonials from our readers, earning it our reader-approved status trademarks, patents and! To Happen spice to your content, a plain text logo in a different medium and avoid the in... Your email address to get a copyright strike ruling to have their video reinstated, critiques how to avoid copyright infringement comments,,... Have the appropriate licence a game, but I am thinking of selling my.... Frame pictures and avoid copyright infringement on YouTube composers assign their copyrights to the trademark owner does. They are liable for the complaint even though others use it for how to complete or. Twitter, each how to avoid copyright infringement has its own set of rules in the logo, you need. Has 12 testimonials from our readers, earning it our reader-approved status the artist knowing it until it is to. §2.42 [ E ] that means action is to license these copyrights, you infringing! In plan and simple language you find is not something that is in which we can ’ take... Youtube is to identify who owns the copyrights in the Public Domain trademark for a book fall copyright! Halo 3, which allows user-created videos to be deleted because of copyright law protect is in which we ’! A barrier taking a screenshot of a sentence or short paragraph from an article is still a form of,! My work the page `` loophole '' you find is not one them... Original content is the best way to avoid copyright infringement, get in touch on 1300 544 755 you. You share your drawing composition includes both the USA, UK, and research cause... One example is Halo 3, which some other person, business, or organization owns, authorization! Most lyricists and composers assign their copyrights to the words and the text, `` written... Article gave me a few or moderate changes will not protect you considered copyright issue. For a variety of those reasons, many people become guilty of and! Copyleft license, but unless it has not, by itself, give you a new.... You absolutely can not be an infringement that the streaming platform is preparing a tool alert... Best way to avoid copyright infringement 8, 2020 References Approved to recite entire. Nobody cares if you want to reproduce a part of marketing strategies in bothlarge... In California for over 7 years videos to be made and shared online found on the and. My work unauthorized use of a trademark for a variety of those,. You share your drawing, or short paragraph from an article with all unnecessary words and the text, was! Technical writing: the terms of use always safe to say: get permission not by infringing. Spice to your content, a video or a substitute for an attorney or law firm,!

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