• Paperback
• 119 pages

Product Description
California Government and Politics Today: 5th Edition

California Government and Politics Today: 5th Edition by Charlies P. Sohner and Mona Field – Copyright 1990

Prepare yourself for national certification in massage therapy at the California Academy for the Healing Arts. Choose from either day or weekend/evening 720-hour courses in massage, in which you gain hands-on training in anatomy, mind/body/spirit connection, circulatory massage, deep tissue massage, sports massage, Swedish massage, reflexology, Reiki, and much more.

Interested in becoming a holistic health practitioner? At the California Academy for the Healing Arts, gain practical education and training in all aspects of this natural healing profession. In addition to aromatherapy, this 1,440-hour course of study offers future healing arts practitioners in-depth instruction in Shiatsu, Tuina, spa therapies, nutrition and cleansing, herbal healing, spiritual healing, understanding trigger points, and relaxation/visualization techniques, and other related studies.

Certification in energy work has never been made more accessible than at the California Academy for the Healing Arts. Select from the energy work practitioner (1,440 hours) or energy work therapist (720 hours) courses. Some of the practical applications you may learn in these energy healing programs include basic touch therapy, HighSelf Resonance Therapy, energy anatomy, sound healing, color and stone healing, Reiki, world traditions in healing, and mind-body-spirit connection, nutrition/cleansing, Tuina, aromatherapy, herbal healing, flower essences, and more.

Approved by the State of California Bureau for Private Postsecondary and Vocational Education, the California Academy for the Healing Arts is also an approved NCBTMB (National Certification Board for Therapeutic Massage and Bodywork) school.

With job growth in the fields of holistic health and massage therapy expected to be faster than most other professions, now is the perfect opportunity for prospective students to get the educational edge in this popular healthcare industry. Define your future by exploring your professional pathways at the California Academy for the Healing Arts today.

* Financial assistance/payment plans may be available.

Featured School of the Week: California Academy for the Healing Arts

?Copyright 2008

All Rights Reserved

NOTICE: Article(s) may be republished free of charge to relevant websites, as long as Copyright and Author Resource Box are included; and ALL Hyperlinks REMAIN intact and active.

1. What are the things you should pay attention to when signing a
modeling contract?

This is a tough one to answer briefly. First, a model should have an experienced attorney look over any modeling contract before signing it, but if you don’t have the money for one or can’t find one experienced in reviewing this type of contract, here are some pointers.

There are primarily three types of modeling contracts out there. With an exclusive contract, the agency is your exclusive manager and booking agency and you will not be allowed to sign with any other agency for the length of the contract. Therefore, as discussed below, make sure you are signing with a reputable agency that can advance your career and not an agency that will simply tie you up.

A non-exclusive contract allows you to find work on your own without the requirement that you pay the agency a commission. You may also sign other non-exclusive contracts with other agencies. If the agency you are meeting with does not have the money to advance your initial costs of building a portfolio and the like, this type of contract is better suited for you.

A one-time contract is one that is signed for just one job and one job only. When the project is complete, the contract has been fulfilled as long as you have also been paid. If you have not been paid, you can sue for breach of contract.

A fourth type of contract is a mother agency contract. This type of contract allows your agency to receive a commission even after you are signed by a subsequent agency. In this type of agreement, the agency may simply be looking to sell your rights to a bigger agency and still take a cut or they may even be a reputable agency, but one seeking to make every cent they can.

To understand how a mother agency contract works, you need to understand a little bit about how agencies are paid, and this is one of the key provisions of your contract. It is common for top-rated agencies to charge 20% commission on all monies a model receives for his or her work. Only a small percentage of very successful models over the years have been allowed by the agencies to bargain their commission down to 15% and an even smaller percentage of very successful models have been able to negotiate their own contracts with their own managers and lawyers.

On top of the standard 20% commission, such agencies have routinely been able to charge an additional 20% of the model’s fee for the job to the model’s employers and to pocket that 20% without giving any of it to the model. And in compensation for the agency advancing the model payments without having to wait until the agency is actually paid by the model’s employers, the agencies have often charged a further 5% commission to the model.

The mother agency clause of a contract, where an agency seeks to employ it, then further provides that the agency claims a commission on any modeling job the model ever obtains, even if that job is obtained by another agency. This is similar to where a scout discovers a model and obtains a percentage (often 5%) of the model’s earnings from the agency the scout directs the model to. A mother agency is often the first one that discovers a model. It is no coincidence that at the time when the model has the least amount of money and the least clout that there is no more important time, than at this early stage to have an attorney reviewing the model’s contracts.

Next, as discussed above, you need to research the modeling agency from whom you are being offered a contract. In a large market city such as New York, a reputable model agency should have the work and the money to invest in you to train you. That means they will advance the monies against your future earnings for a quality portfolio, comp cards, test shoots and the like. This is an important part of the contract and you need to understand what you will be responsible to repay. You do not want to owe the agency money if you or they do not find you work and payment for your work.

In a medium sized market, the agency may be able to direct you where to go for photos for your portfolio, training and composites, but they may not be financially able to advance you the costs. If you wind up paying for these items, you need to ensure that the agency you are signing with and the city you are in provide a sufficient amount of work to get you reimbursed for these costs.

In a small market (as well as larger ones) the only agencies you may find are those connected with modeling schools who use the agency simply as a hook to lure you into attending the modeling school. Be wary of such an agency that may either have no idea what they are doing or who seek to profit from your inexperience by profiting from every expense you will be directed to incur.

You want to read the sections of any contract that you ever sign that provide what constitutes a breach of contract by you or by the other party and what remedies or damages the parties are entitled to in the event of a breach. If the only person who can breach a contract is you, and if you are the only person who may owe anyone money in the event of a breach, run away as fast as you can.

2. Is a contract signed in the United States valid in other countries?

This question is easy. Yes, it is valid. A contract, however, can limit it’s terms or the geographical area (countries) to which it applies. In addition, you should ensure that the contract states that it is governed by the law of the state in the U.S. that is most convenient to you. If you live in Connecticut, you don’t want it governed by the law of North Dakota, much less the law of China, because you will be all but ensuring that to get your day in court, you will have to file suit in some far off jurisdiction. The contract should provide that in the event of any dispute in connection with the contract that either a lawsuit or mediation or arbitration shall take place in your state. If you want to save some costs, provide that the parties shall mediate or arbitrate any disputes. If you think you are always going to be in the right, then also provide that the prevailing party shall be entitled to any costs and attorney fees. If you don’t provide for that, you will not be entitled to be reimbursed for your attorney’s fees and costs, even if you win the mediation, arbitration or litigation.

3. What should a Model Release form include and what should be
emphasized in it, in order to defend the rights of the model?

Models, especially when they are just starting out, often feel intimidated. They fear that if they question the slightest thing in a model release, they will not get the job, more work, or be branded as being trouble. The problem is, if a model simply signs whatever she is given to sign, it will almost certainly favor the photographer and the client and take away almost every right a model may have to prevent the photos of her from being misused.

While it is true that a photographer needs some leeway, if you give an unscrupulous photographer the right to do anything he or she may conceive of doing with their photos of you, they may just use them in a very offensive way, and there is little a model can do to know what is in the mind or heart of a photographer he or she has just met.

Models who are just starting out rarely have confidence in any clout they may have. However, if the client or the photographer has selected you from all the other models they could have chosen, you may have more clout than you realize. And if you are willing to sign away every right you have in your images, you are in the wrong business to begin with.

People will tell you that only as you become more in demand that you can demand your fees for only certain uses of your images and allow their use for a limited amount of time. But it is at the very start of your career that you are most vulnerable to having your images being misused and if they are misused, you may find your career ending before it’s begun. Thus, if you see this type of term in a model release, you need to either run from the building, have it altered, or accept the consequences that may result from agreeing to: “I hereby release, discharge and save harmless the photographer or any other person distributing the finished product, even if the finished product is distorted, blurred, altered or used in such a way, intentionally or otherwise, such as to subject me to scandal, scorn, indignity or ridicule and waive any right to approve any use of the finished photograph or its use.”

On the other hand, a photographer must be allowed to enlarge a negative, manipulate the photograph, convert it to digital form, use photoshop or other software to enhance the quality of the photograph. While it is difficult to obtain the right to approve the uses of the photographs taken of you, you can limit the uses by excluding those uses that would be harmful to your career or reputation. If you want to prevent a photographer from using the photographs in such a manner, seek a provision that in the event of intentional humiliation of you in the use of the photos by the photographer, the release will be void. Some models who are unsuccessful obtaining such provisions will at least write restrictions in the margins of releases such as, “Photos may not be used on sexually explicit web sites or pornographic materials.” Be wary of allowing any use in the release and then limiting those uses only in a separate waiver of copyright. Conflicting provisions are a nightmare for the courts to weigh.

In the entertainment field, and that includes modeling, talent is king. You can still be friendly and cooperative while protecting your rights. Be kind to many, keep a healthy but skeptical distrust of those who would use you, and do harm to none and you will go far.

4. In which circumstances a cancellation of a contract is possible?

Fraud, duress, illegality, lack of age of consent. However, those defenses rarely come up unless a minor is involved and the contract was not signed by the minor’s parents or guardians. Even then, a parent or guardian’s signature may not be binding, if for instance, the intended use of the photographs is illegal.

That being said, there are still some ways to either void a contract or obtain damages when your images are misused. However, keep in mind that the broader the release you signed and the more rights you gave away, the harder it may be to assert these defenses or allegations in a lawsuit.

Here are four common ways in which photographers can get into trouble. First, if a photographer has intruded upon your seclusion to make the photographs, the photographer may be sued. While some courts have even ruled that such an intrusion can occur in a public as well as a private place, you will have a much easier case to pursue if the photographer used false pretenses to spy upon you in a private place such as your home. Second, if the photographs of you portray you in a false light, they may also entitle you to your day in court. Third, use of photographs of you for commercial gain without a model release may also entitle you to damages. Fourth, photographs used in an unexpected manner such as promoting pornographic products may also be deemed to constitute an invasion of privacy.

It is therefore imperative, that if you sign a model release, that you ensure it describes the subject matter it will be used in conjunction with or its intended use, in order to preserve your rights and your reputation.

If you have a modeling, copyright or entertainment law issue in San Diego, Newport Beach, Irvine, Orange County, La Jolla, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Palm Springs Modeling Lawyer and your Orange County Modeling Attorney. Be sure to hire a California law firm with modeling and entertainment law experience who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Beverly Hills, Malibu, Newport Beach, Beverly Hills, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented and get the compensation you deserve.

If you have a modeling, copyright or entertainment law issue of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you.

In September 2008, a New York judge handed down a decision in favor of author J. K. Rowling and Warner Bros. who own the film rights in the Harry Potter books, in a literary and copyright law case involving a fan website that was planning on publishing a reference book on the Harry Potter saga.

What the ruling determined was that the reference book simply copied too much of the Rowling books to be considered fair use. The fact that what was copied was creative material as opposed to factual material, also hurt the website’s case as creative material enjoys a higher level of protection.

What the ruling does is to reiterate the rule that for a derivative book to enjoy the fair use protection under the law, it must be very transformative. It must create something else. Instead, the judge found that the reference book copied Rowling’s distinctive style and words in excess of what would otherwise be legitimate to create a reference guide.

The ruling does nothing to dilute the right of parody or literary criticism to be protected by the fair use doctrine. Rather, the ruling may elevate the importance of the “market impact” factor in the four part standard used by judges in evaluating fair use.

Those four factors are first, the purpose and character of the use (is the new work transformative into something different – in this case use of material from two companion reference books of Rowling made the website reference book less transformative). While another part of this factor is whether the use is commercial or noncommercial, most uses are for profit. Another part of this factor is whether the infringer acted in good faith or not.

The second factor is the amount and substantiality of the use, i.e. whether the amount of the use by the infringer is reasonable for the transformative purpose. Here, apparently, it was not.

The third factor is the nature of the copyrighted work, creative works being given much greater protection than factual works.

The fourth factor is the harm to the market of the original work by the infringing work. Here the court found that while the website reference book might not harm the market of the Harry Potter novels, it might very well harm the market of Rowling’s companion books.

Consequently, the New York judge issued a permanent injunction against publication of the website reference guide. The decision may be appealed and it is possible if the website reference book were edited, it might pass muster. But in this copyright lawyer’s opinion, the success of an appeal or an edited book to pass muster as being fair use is unlikely under these circumstances and as a result of this ruling infringers in California and the U.S. will now have an even harder time trying to make a profit off of another writer’s work.

If you have a publishing, literary, or copyright infringement law issue in San Diego, Newport Beach, Irvine, Orange County, La Jolla, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Malibu Copyright Lawyer and your Palm Springs and San Diego Publishing Attorney. Be sure to hire a California law firm with literary and copyright infringement law experience who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Beverly Hills, Malibu, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented and get the compensation you deserve.

If you have a publishing or copyright law issue of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you.

While everything you write down is automatically protected by copyright treaties that countries like the U.S. have signed, there’s a reason why the same does not apply to words you speak. Otherwise, this would be the result in cities such as San Bernardino, Chula Vista,  El Cajon, Fontana, Moreno Valley, Garden Grove, Palmdale, Victorville and even Santa Monica.

Children at school would face this dilemma:

“You hit me harder than I hit you,” one child would say.

“No, you hit me harder than I hit you,” the other would reply.

“You can’t say that,” the first child would say.

 ”I already have that phrase copyrighted. You just infringed my copyright. You owe me big time.”

“You just infringed my copyright on ‘You owe me big time,’ the second child might respond. “Now you’re in big trouble.”

“But you just infringed my copyrighted phrase, “Now you’re in big trouble,” the first child might respond. I said that in second grade.

“Just how many times have you said my phrase?”

At this point, the second child would be wise not to say anything further before talking to an attorney.

A whole law firm of lawyers would probably have to be called in, the school might be named as a defendant for not warning the school children not to infringe other children’s copyrighted phrases, and its very possible that parent’s fortunes could be at risk if their children were not insured against copyright infringements.

In bars and nightclubs the results could be even more disastrous.

“What’s a nice girl like you doing in a place like this?” a man might ask a woman.

At which point the woman would probably start calling an attorney on her cell phone who would notify the man of how much he would need to pay for using that line.

If the man followed up his initial approach with, “You look familiar. Haven’t I seen you before?” the damages he would have to pay to settle the copyright infringement case would be double.

Even lawyers would not be immune to such results.

Every time a lawyer stood up in court and uttered the usual “Objection,” damages would have to be paid to someone.

The jury member who announced to the court at the conclusion of a case, “Not guilty, your honor,” would also have to fork out some money.

While the words you write down may be copyrighted, individual words and common phrases are not owned to the exclusion of everyone else.

What is protected by copyright are literary works, i.e. books, music, plays, even advertising. While it is true that a slogan that can be used in advertising and those advertising materials can be copyrighted, the slogan may also be trademarked for use on products. However, the owner of a trademark may not sue others for using that trademarked phrase in daily conversation.

If you have a copyright or intellectual property matter in Orange County, San Diego, in the Inland Empire, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your La Quinta Copyright Lawyers, and Corona del Mar and Newport Beach Intellectual Property Attorneys. For this reason, be sure to hire a California law firm with copyright lawyers who are ready to serve you in areas such as Garden Grove, Corona and Santa Monica so you are properly represented when you need to be.

If you have an intellectual property matter and need to know your rights, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn about your rights and options. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.