◊ VRP Law-The Intellectual Property and Employment Law Blog.
Provided by Vihar R. Patel and Sponsored by Enterprise Law Group, LLPArchive for April, 2008
Employers provided greater guidance in preventing Sexual Harassment!
It is difficult for Employers to determine what to do in the face of a complaint of sexual harassment. Two new cases Valentine v. City of Chicago, 452 F.3d 670 (7th Cir. 2006) and Bombaci v. Journal Community Pub Group Inc., 482 F.3d 979 (7th Cir. 2007).
The Seventh Circuit in Valentine, held that an employee that tells her immediate supervisor that a co-worker is “aggravating her, being rude, and putting his hands on her” was sufficient to put the employer on notice of the potential harassment. In Bombaci, the Seventh Circuit held that the victim of the harassment should contact the designated “point person” if there is one and the employer at a minimum is required to contact the victim to avoid liability for co-worker harassment.
Based on these recent cases, Employers and Employees can ensure a safe working enviornment by taking appropriate reporting and investigative steps. Employees should fulfil their role by contacting a designated “point person” appointed by the Employer. Employer’s should fulfil their role by investigating and following up with the victim to ferret out the harasser and undertaking the appropriate remedial action.
Benefits of Copyright Registration
I am often asked is the cost of registering the copyright worth it for me by both businesses and individuals. Although this is generally a case specific inquiry based on the nature of the work, how it is to be used, the needs of the business or individuals, and the goals of the business and/or individual, there are some general benefits to registration.
Generally, registration according to 17 USC 412 provides for statutory damages and award of attorney’s fees so long as it is done within 3 months of the first publication date. Registration is often a predicate to sue for infringement under 17 USC 411. Registration often provides the benefit of constructive notice to others of your rights as of the date of registration and eliminates certain defenses an infringer may assert 17 USC 401. Finally, the registration certificate provides a presumption of validity of your copyright and often shifts the burden to the infringer to assert any invalidity in your copyrights under 17 USC 410 (c).
Depending on the needs of a particular business or an individual these benefits can often outweigh the costs and fees of filing a copyright registration.
