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Insurance Legal Advisor
Manual
© Copyright Insurance Legal Advisor - All Rights Reserved.
No part of this report may be reproduced or transmitted in any ...
Please Start By Reading This - Then Pass It On
- "The man who can drive himself further once the effort gets painful is th...
Table of Contents:
Insurance
- New Driver Car Insurance......................................................................
Insurance
New Driver Car Insurance
Car insurance companies view new drivers as inexperienced
drivers; therefore, new drive...
provided by the employer. The employee that is enrolled in the company group health insurance plan
rarely examines the cov...
EXAMINATION BY THE INSURANCE COMPANY DOCTOR: Claims Adjuster Henry Hard-Nose
of Rock Solid Insurance will usually try to p...
How To Save Money On Your Pet Insurance
Here in Britain we are a nation of pet lovers and treat our pets like
we do oursel...
Big mistake!
While you may be happy with your current insurer, if you want to pay less for your insurance, then you
really...
If oil or gas leaks into the water as a result of an accident, you will be fined. The wreck removal and
pollution coverage...
Divorce certainly isn’t fun, in fact it is downright painful. Your children will suffer, but you can help
ease the transit...
Employment Law: Attendance Rewards
If you were thinking of offering your employees special rewards as
incentives for havin...
Guidelines to Pre-paid Legal
Are you enrolled in a pre-paid legal plan and worried your provider is
simply tallying up you...
In the mythology generated by capitalism to pacify the masses, the myth of intellectual property stands
out. It goes like ...
Texts, discoveries, inventions, works of art and music, designs - all belonged to the community and
could be replicated fr...
The full text of electronic magazines, trade journals, billboards, professional publications, and
thousands of books is av...
The demise of intellectual property has lately become abundantly clear. The old intellectual property
industries are fight...
The Law of Attraction In A Legal Aspect
This shocking truth may be shocking to more than just a few people.
The success or...
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Insurance legal advisor

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If you are looking for guidelines on insurance and legal issues then this guide will give you all the information you need.

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Insurance legal advisor

  1. 1. Insurance Legal Advisor Manual
  2. 2. © Copyright Insurance Legal Advisor - All Rights Reserved. No part of this report may be reproduced or transmitted in any form whatsoever, electronic, or mechanical, including photocopying, recording, or by any informational storage or retrieval system without expression written, dated and signed permission from the authors. DISCLAIMER AND/OR LEGAL NOTICES The Publisher has strived to be as accurate and complete as possible in the creation of this report, notwithstanding the fact that he does not warrant or represent at any time that the contents within are accurate due to the rapidly changing nature of the Internet. While all attempts have been made to verify information provided in this publication, the Publisher assumes no responsibility for errors, omissions, or contrary interpretation of the subject matter herein. Any perceived slights of specific persons, peoples, or organizations are unintentional. In practical advice books, like anything else in life, there are no guarantees of income made. Readers are cautioned to reply on their own judgment about their individual circumstances to act accordingly. This book is not intended for use as a source of legal, business, accounting or financial advice. All readers are advised to seek services of competent professionals in legal, business, accounting, and finance field. Know Anyone Else Who May Be Interested In This Guide! You are granted full rights to give away or distribute this report to your friends, customers, subscribers, as a products, gift to your website visitors or/and gift on your newsletter.
  3. 3. Please Start By Reading This - Then Pass It On - "The man who can drive himself further once the effort gets painful is the man who will win." Roger Bannister - "The spirit, the will to win, and the will to excel are the things that endure. These qualities are so much important than the events that occur." Vince Lombardi - "Success in our calling is the result of a person's love of and belief in the work he has undertaken. Earnest and conscientious labor often accomplishes more in the end than the brilliant genius." Anonymous - "Food offered without affection is like food offered to the dead." Hindu Proverb - "What you have to do and the way have to do it incredibly simple. Whether you are willing to do it, that's another matter." Peter F. Drucker - The best motivation is self motivation. The guy says, "I wish someone would come by and turn me on." What if they don't show up? You've got to have a better plan for your life. Jim Rohn - "How does one measure time? No, not in days, months, or years. It is measured by the most precious of all things: Love. Without which all beings and things whether brave and/or beautiful would perish." Irish Blesshin
  4. 4. Table of Contents: Insurance - New Driver Car Insurance......................................................................................5 - Affordable Individual Health Insurance..................................................................5 - Accident Insurance Claim Personal Injury Insights................................................6 - How To Save Money On Your Pet Insurance..........................................................8 - Finding the Cheapest Home Insurance Quote.........................................................8 - Different Types of Boat Insurance...........................................................................9 Legal - Find a Good Family Law Attorney..........................................................................10 - Women, Divorce and the Law..................................................................................11 - Employment Law: Attendance Rewards.................................................................12 - Guidelines to Pre-paid Legal...................................................................................13 - The Demise of Intellectual Property........................................................................13 - The Law of Attraction In A Legal Aspect................................................................18
  5. 5. Insurance New Driver Car Insurance Car insurance companies view new drivers as inexperienced drivers; therefore, new drivers usually have higher car insurance premiums than older drivers, who are considered more experienced drivers. Even though new drivers are inexperienced drivers, their car insurance premiums do not have to break the bank. There are ways to save money, especially if the new driver has a family member with an existing car insurance policy. Take the tips into consideration to save money with your new driver: Ask about “multi” discounts. Some car insurance companies offer discounts to policyholders who have multi-car policies, i.e., those that have more than one car on their car insurance policies. At the same time, some insurance companies will offer multi-line discounts, which means if the policyholder has both a car insurance policy and a home owner or life insurance policy with the same insurance company, they have “multiple lines” of insurance and may qualify for a discount. If the new driver is going to be on your, or another person’s, existing car insurance policy, the policyholder may be eligible for a multi-driver discount. Make sure he or she enrolls in a driver education course. Some high schools provide driver education courses. If your teen’s high school does not, enroll him or her in a driver education course offered by a private company. The driver education courses offered by private companies are also available for older drivers; therefore, they could help the new, older driver save money on car insurance. If your new driver is a teen, ask the car insurance company about Good Student discounts. Some car insurance companies offer discounts to teens who make good grades in school. It is a win/win situation! Military discounts are offered in some parts of America to active and even retired military personnel. If your new driver fits either one of those descriptions, ask the car insurance company about such a discount. Affordable Individual Health Insurance The need for affordable individual health insurance is becoming more prevalent because of the rising numbers of self-employed. Entrepreneurs are changing the landscape. Home-based businesses are growing at a phenomenal pace. The enormous growth of small business has generated a greater demand for individual health insurance. This is a first time experience for many of these new start-ups. Group health insurance is
  6. 6. provided by the employer. The employee that is enrolled in the company group health insurance plan rarely examines the coverage or the cost. This changes dramatically when they are forced into purchasing their own individual plan. COBRA (the Consolidated Omnibus Budget Reconciliation Act of 1985) guarantees a continuance of coverage when you leave your employer. This coverage is made available for 18 months after you leave. You have a 60-day window after termination of employment to shop for your own individual health plan. This window of time is critical to the insurance shopping process. If you have any thought of leaving your employer then it is imperative that you investigate the availability of individual health insurance. Individual health insurance is medically underwritten. That means that the insurance company will gather all applicable medical information on you and or your family to determine if they can offer you an individual plan. Pre-existing conditions are often eliminated and in some instances coverage can be denied. Things to consider: 1. Health – Do not presume that you or any of your family is Insurable. There may be certain pre- existing conditions that are covered by some companies and excluded by others. 2. Self-Insuring – The higher deductible that you elect will decrease your premium dramatically. This is called self-insuring. Some companies have deductibles that go as high as thousands. 3. Insurance Company – There are many reliable insurance companies in the health insurance industry use their quotes to compare coverage. We have done the research so you don't have to. Please see our recommended source for insurance quotes online. Accident Insurance Claim Personal Injury Insights Besides botching up your body (and sometimes your love life) what else does the injury mean to you? It means a ton of financial expense’s, including repairing your motor vehicle, lost wages, a shock to your life style, a tremendous inconvenience and short or long periods of pain and discomfort - - all of it a direct result of your injuries. Plus, there's a long list of possible medical expenses. For example: Doctor/Chiropractor, Prescription Drug Bills, Ambulance, Emergency Room Care, Hospital or Clinic, Specialist and/or Dentist, Laboratory Fees and Services, Diagnostic Tests, X-Rays and (CT) Scan, Prosthetic Appliances or Surgical Apparatus (Canes & Crutches), Physical Therapy, Registered and/or Practical Nurse Fees, Gauze and Tape, Ace Bandages all of which the insurance company must pay whether they like it or not! Also, Creams, Lotions, Ointments, Balms and Salves, etc. (Should the lady in your life apply any of these to your aching body I'm sorry to tell you this but her labor is not an expense you can claim). YOU MUST BE COMPENSATED BY THE INSURANCE COMPANY FOR ALL OF THE ABOVE: It's true that a very small percentage of motor vehicle accidents cause big, serious injuries but that doesn't mean you shouldn't be paid big, serious bucks!
  7. 7. EXAMINATION BY THE INSURANCE COMPANY DOCTOR: Claims Adjuster Henry Hard-Nose of Rock Solid Insurance will usually try to pull a fast one insisting he wants you to be examined by the physician of his choice, the local medical con-man of all time, Dr. Nuttin' Wrong. Beware of such a request. Doctors assigned by the insurance company are notorious for stating, in the report they're paid big bucks to execute, "There is no objective basis", for your complaints. You don't have to agree to be examined by Dr. Nuttin' Wrong. Rock Solid Insurance cannot insist that you submit to their doctor for an examination unless your claim actually becomes a formal court case. So, hold your ground until your attending physician, Ole “Doc” Comfort, has released you. After that it's okay to agree to be examined because by then it's too late! So much time will have passed it will be impossible for Dr. Wrong to minimize the pain, discomfort and suffering your injury has caused you. WHAT TO DO ABOUT YOUR MEDICAL BILLS IF YOU MAKE THE MISTAKE OF OBTAINING LEGAL HELP FROM ATTORNEY I. M. SHARP: Should yours be a case in which there's no question that you're not at fault, make it clear to the Legal Beagle you've hired, I. M. Sharp, Esquire, that you expect his Contingency Fee will not apply to that which he recovers for the damage to your car, your medical bills, and/or your payment for lost wages. You tell him these are damages you would have collected ANYWAY - - whether he was handling the case for you or if you settled it yourself. Don't you dare be foolish enough to hand him a huge percentage of that which you were going to be paid by the insurance company, whether Attorney Sharp handled the case or not. To do so is the height of financial stupidity! YOUR BODILY INJURIES: It's a proven fact that the vast majority of motor vehicle accidents cause minor injuries. While bodily injury pain can be specifically measured the limits of what you can endure cannot. Each of us has a different "pain threshold" - - that is, the point at which we begin to feel physical pain. The amount and quality of pain you feel is not strictly dependent on the bodily injury inflicted. It has a lot to do with your previous experience, how well you remember it, and your ability to understand what caused you that pain, and its consequences, the last time around. Stress and strain magnify physical pain plus personal anxiety will greatly increase it. There are also emotional reactions to the injury. A bodily injury is bound to cause some degree of mental distress. The duration and severity that depends on a number of factors: The type of individual you are, the ultimate consequences of the injury you sustained, and the life stresses or strengths you're experiencing at the time of your injury. (If you can't stand her and she takes a powder you’ll handle your pain better if you really dig the chick and she dumped you for your best friend)! When it comes to muscle injuries one thing you must keep in mind is that when one part of the body demands rest (by sending out a pain signal) and - - without your even realizing it - - you help your body by placing a new burden on other muscles. It gets complicated because although those muscles may not have been directly injured in the accident, they can still get buggered up and produce a lot of pain because of their new role. DISCLAIMER: The only purpose of this claim tip is to help people understand the motor vehicle motor vehicle accident claim process. Neither Dan Baldyga nor (name the magazine/newsletter and/or web site) make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service, NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUAL’S RESPONSIBILITY to obtain said services.
  8. 8. How To Save Money On Your Pet Insurance Here in Britain we are a nation of pet lovers and treat our pets like we do ourselves and our children, this includes giving them the best food, treats, toys, care and of course the best in health care by way of a vet. However when it comes to our pets they can also cost us a fortune, especially if you should have to visit the vet. However much we love our pets the bills for x-rays and medication can be sky high, however you can insure your pet. Insuring your pet doesn’t have to as expensive as you might think and could save you money in the long run. Insurance for your pet isn’t limited to paying out when it comes to vet bills, most insurance taken out for your pet includes for other eventualities that can arise. For example should your pet be stolen then most insurance companies will pay out for a reward offered. One way of having money for any eventuality to cover your pet, is to not actually go with an insurance company but instead set up an account which is solely for your pet and deposit money either as a lump sum or put away a little each month and allow it to build up in case you should need it. This can often work out cheaper than paying actual premiums through an insurer. However if you wish to go with an insurer then shop around for the best deal with the cheapest premium, things you should take into account when it comes to purchasing insurance include the amount of excess that you pay. If you pay more excess then your premium will be lower. Also watch out for hereditary conditions being excluded, many breeds have certain conditions which are know to be passed from generation to generation so make sure your pet doesn’t fall into this category or insurance could be worthless. Finally take into account if there is a maximum pay out limit per year. Some policies will only pay out to a set limit, if you have an older animal that needs regular treatment then it might not be covered. Finding the Cheapest Home Insurance Quote While the Press and Media are always telling us to shop around for the cheapest home insurance quote, it can be difficult to do if you don’t know where to start. Here we explain the best places to look – and how to ensure you get the best price on your home insurance quote. Did you know that complacency is the biggest reason why we overpay on our insurance? And that’s not just home insurance, but motor insurance too. The renewal notice drops through your letterbox once a year from your current insurer and the premium doesn’t look much more expensive than last year. So, you decide, for ease (and – dare we say it – out of sheer laziness!) to stick with the same insurer.
  9. 9. Big mistake! While you may be happy with your current insurer, if you want to pay less for your insurance, then you really do need to shop around – if only to satisfy yourself that you really have got the best deal going! And this needn’t be an exhaustive exercise that eats in to your precious time – you don’t have to trawl the High Street or make lots of ‘phone calls - you can do it simply and quickly from the comfort of your PC. The great thing about using the internet to search out home insurance quotes is that it is speedy, free and you don’t have to converse with anyone, thus saving you time and effort! You can also do it 24/7, giving you the freedom to do your research at a time convenient to you. And because the with online quotes and purchases there is less administration to do for the insurer, they can offer you discounts, typically 5%-15% off the normal premium! Finally, to ensure you find the right policy at the best price, do get at least three home insurance quotes so that you can compare terms and conditions etc. Try to get each quote on a like for like basis so that you can make a true cost comparison – do not make the mistake of choosing the cheapest premium without checking out that there is no compromise on the cover offered. Different Types of Boat Insurance When searching for boat insurance, you may be overwhelmed when you find that there are many different types of boat insurance policies available. In general, insurance companies only offer one general watercraft liability coverage policy; some others may offer additional coverage that you are able to purchase. If you have financed your dreamboat, the lender probably requires you to obtain specific coverage. There are many different types of coverage available that you can add, as an addition to your standard policy. The standard policy, the watercraft liability insurance coverage, is required by law in most states. This insurance policy provides coverage in the event that damage occurs to a person or property as a result of actions taken on your boat. This is true whether or not it is during transportation or actually on the water. This is a law requirement in having this type of liability coverage, and each area will have its own requirements as to how much you will need. It is wise to consult with an insurance agent to find out what is necessary to meet the requirement of the law. It is possible that medical payment coverage may be required in your area. This type of coverage pays for the medical expenses, up to a specified amount, for you and any passenger on your boat that result in an accident covered by the policy. As a suggestion, regardless of whether this insurance is required or not, it would be wise to consider it. Medical expenses as a result of an accident can become extremely high. Another additional type of coverage to the standard liability coverage is the wreck removal and pollution coverage. This should also be strongly considered. If your boat sinks or is involved in an accident for any reason, you are required to remove it at once in accordance with the law.
  10. 10. If oil or gas leaks into the water as a result of an accident, you will be fined. The wreck removal and pollution coverage provides coverage for this type of incident, without the coverage you will be required to pay for the removal and fines out of your own pocket. Just like in automobile coverage, you should definitely insure yourself against uninsured boats as well. This works in the same manner as uninsured motorist insurance your automobiles. If another boater, who does not have any type of insurance or enough coverage, collides with your boat on the water, this coverage will pay for the replacement of your boat and any needed repairs. Most all insurance policies you purchase should cover the boat, motor, and trailer used to transport your boat. Liability coverage is not the only type of coverage that you will likely need in many cases. Make sure that you protect your boat, optional coverage that includes theft, vandalism, losses caused by storms, fire, sinking, capsizing, stranding, and collision. Speak to your insurance agent and find out what type of insurance is required by your area and the types of coverage they can offer you. Legal Find a Good Family Law Attorney If you are in need of locating a good attorney, one who specializes in family law, then you need someone who can look after your interests as well as the interests of your children. I have listed five options to help you find the attorney who is right for you. '1. Check with Friends, Family' – People you know can be an excellent resource to help you locate a family law attorney. Somebody you know probably has been through a similar experience; their advice and support can be useful to you. '2. The Bar Association' – A local or state bar association can be a wonderful resource as they will tell you which of their members specialize in Family Law. Get a hold of that list, contact the attorneys directly, and interview them. Typically, your first visit is free so that you can learn what the family law attorney will do for you, their fee structure, and much more. '3. Legal Aid Societies' – Your state or county should have a legal aid society. If you find that the cost of retaining counsel is prohibitive, consider contacting your local chapter for help. Some will offer their services for free or “pro bono.” Some attorneys will charge you based on a sliding scale, taking into consideration your ability to repay. For parents with limited means, this can be a terrific option. '4. Research' – Your library has legal directories featuring all kinds of legal professionals, while the internet is an excellent resource for accurate and up to date information. Forums, list servs, ads, and articles like the one you are reading now can be good sources to help you find attorney related information. '5. Check the Phone Book' – One of the most popular places for attorneys to list their availability is with an old stand by: your phone book. Right smack dab in the yellow pages you will find scores of attorneys featured with all the of their contact information listed, including web sites.
  11. 11. Divorce certainly isn’t fun, in fact it is downright painful. Your children will suffer, but you can help ease the transition for them and you by finding an attorney who is compassionate and caring. For additional support and spiritual guidance, arrange a visit with your pastor today. Women, Divorce and the Law It has been said that Divorce is worse than Death. Death of a spouse is a painful wound that begins to heal after the funeral. A Divorce however, will take months or years to reach closure. Eventually these wounds will heal as well but the mourning period of the death of a marriage can linger on for many years thereafter. Why is divorce different for women? Whether it was she or her spouse that initiated it, guilt will be a woman's initial emotion. Our traditional role as keeper of the household will force her to question everything she did or didn't do in the marriage and tend to blame herself for the failure of the relationship. The next emotion she will face is anger. Women tend to get angry only after they have finished feeling guilty. A womam's anger must be used constructively therefore; a counselor or trained psychologist is often the best person to consult with prior to or in conjunction with obtaining an attorney. Continuing in their role as caregiver women will consider what is best for the children before she will think of what is best for her. In seeking out the best interests of her children, women think as mothers first and women second. Therefore it is imperative that women seeking divorce hire an advocate who understands her duel needs and looks out for all of her interests as woman and mother. Divorce is a painful process but it must be remembered that it is also part of the game of life. All players have roles and perceptions are everything. A good attorney will be able to advise her client as to how the game is played and what she needs to do to insure a favorable outcome. A good attorney is an excellent negotiator and a strong advocate for her client. Good attorneys do not make their living litigating every case, but succeed instead by bringing cases to fair conclusions as expeditiously as possible. In choosing an attorney a woman must feel completely comfortable with the attorney. She must have a sense of simpatico that cannot always be put in words and most importantly feel complete trust. The outcome of a divorce is usually a life-altering event. The agreement reached will rule for years and in the event there are children continue to bind the couple for many years thereafter. Interviewing potential attorneys is an important first step in the process. A good attorney will not shy away from tough questions nor will they guarantee success. As with all important decisions check the appropriate agencies such as the local Bar Association, and question the attorney about his or her accessibility. Finally make sure the attorney you are hiring is the attorney you will see in court. Many larger firms have associates who handle the case after the retainer is paid to the name partner. Ask to meet any attorney who may handle your case.
  12. 12. Employment Law: Attendance Rewards If you were thinking of offering your employees special rewards as incentives for having good attendance records, then you must read on. In fact, employers that offer attendance bonuses may find themselves falling foul of the law. The Royal Mail introduced a rewards scheme for staff that did not to take time off sick. Under the Royal Mail's scheme, workers with full attendance records were entered into a prize draw to win Ford Focus cars or holiday vouchers worth £2,000. As a staff incentive, it seemed to work. The Royal Mail says its overall sickness absence levels fell during a nine-month period (between August and April) by 11%. However, such schemes could have serious ramifications from a legal viewpoint, and leave employers vulnerable to a variety of legal claims. Discrimination Employees could bring discrimination claims on the grounds of disability or sex. The success of these claims would depend on each employee's particular circumstances and needs, whether in relation to their family, religion or health. Alternatively, qualifying employees could bring claims for being subjected to detriment treatment as a result of asserting their statutory rights, for example, for: - - Time off for dependants and antenatal care - Time off for study or training or time off for jury service - Maternity leave - Adoption leave; or - Paternity or parental leave; Disability discrimination may occur if, for example, an employee had time off connected to a disability and this was not taken into account by the employer under the reward scheme. The employee might claim that the failure of the employer to set aside his/her absence for disability related reasons amounted to less favourable treatment. How can employers protect themselves from such claims? Employers can avoid these pitfalls by including a list of exceptions in the reward scheme, for example, jury service or study leave, taking into account any statutory rights to time off; or Pay bonuses to employees connected to performance in their job rather than implementing an attendance reward. Employers should be wary of adopting an attendance bonus scheme without legal consultation.
  13. 13. Guidelines to Pre-paid Legal Are you enrolled in a pre-paid legal plan and worried your provider is simply tallying up your tab for a service you’ll never get to use? Read on as we explain the chances of using pre-paid legal services in legal challenges you may be faced with. In their lifetime, people are most likely to use legal services that fall into four categories: civil defence, civil plaintiffs, criminal defence and legal help that involves a variety of transactional or business law. Your liability insurances already covers you for the legal pertaining to civil defence. Your insurer hires the lawyer who will defend you and have every incentive to defend your well since they are the ones who bear your legal costs irrespective of the final outcome. In that respect, you already have “pre-paid legal coverage” in place and a legal plan wouldn’t add much to the coverage. Civil plaintiff attorneys in the Unites States work on a “no win no fee” basis. This means that they will not charge you unless they win you damages in an insurance claim or lawsuit against someone who caused you physical injury. Their contingency fees are calculated as a “commission” on any you and defend you well: the more you win, the more he wins. There is no need to pre-pay for a service where you stand to lose nothing, and where advice is readily available to you from plaintiff lawyers eager to work on your case. On the rare occasion you need to bring criminal charges if you’re involved in a serious accident or defend yourself against criminal charges brought against you, lining up a lawyer to represent you in advance is not the best of decisions. In these situations, client-lawyer rapport is crucial: you need someone whom you trust, build a rapport with and competent enough to defend you in a court of law. You rarely get the chance to talk to your attorney face-to-face in a pre-paid legal plan, and most of the attorneys in the network do not do criminal defence work. Transactional and business law is the area where you will most probably find pre-paid legal services most effective. If you frequently need to someone to draft your wills, review simple contracts and set up advance health-directives or simply want competent legal advice at your disposal, then going pre- paid will save you the trouble of searching for an attorney and paying “a la carte”. The Demise of Intellectual Property Three years ago I published a book of short stories in Israel. The publishing house belongs to Israel's leading (and exceedingly wealthy) newspaper. I signed a contract which stated that I am entitled to receive 8% of the income from the sales of the book after commissions payable to distributors, shops, etc. A few months later (1997), I won the coveted Prize of the Ministry of Education (for short prose). The prize money (a few thousand DMs) was snatched by the publishing house on the legal grounds that all the money generated by the book belongs to them because they own the copyright.
  14. 14. In the mythology generated by capitalism to pacify the masses, the myth of intellectual property stands out. It goes like this: if the rights to intellectual property were not defined and enforced, commercial entrepreneurs would not have taken on the risks associated with publishing books, recording records, and preparing multimedia products. As a result, creative people will have suffered because they will have found no way to make their works accessible to the public. Ultimately, it is the public which pays the price of piracy, goes the refrain. But this is factually untrue. In the USA there is a very limited group of authors who actually live by their pen. Only select musicians eke out a living from their noisy vocation (most of them rock stars who own their labels - George Michael had to fight Sony to do just that) and very few actors come close to deriving subsistence level income from their profession. All these can no longer be thought of as mostly creative people. Forced to defend their intellectual property rights and the interests of Big Money, Madonna, Michael Jackson, Schwarzenegger and Grisham are businessmen at least as much as they are artists. Economically and rationally, we should expect that the costlier a work of art is to produce and the narrower its market - the more emphasized its intellectual property rights. Consider a publishing house. A book which costs 50,000 DM to produce with a potential audience of 1000 purchasers (certain academic texts are like this) - would have to be priced at a a minimum of 100 DM to recoup only the direct costs. If illegally copied (thereby shrinking the potential market as some people will prefer to buy the cheaper illegal copies) - its price would have to go up prohibitively to recoup costs, thus driving out potential buyers. The story is different if a book costs 10,000 DM to produce and is priced at 20 DM a copy with a potential readership of 1,000,000 readers. Piracy (illegal copying) should in this case be more readily tolerated as a marginal phenomenon. This is the theory. But the facts are tellingly different. The less the cost of production (brought down by digital technologies) - the fiercer the battle against piracy. The bigger the market - the more pressure is applied to clamp down on samizdat entrepreneurs. Governments, from China to Macedonia, are introducing intellectual property laws (under pressure from rich world countries) and enforcing them belatedly. But where one factory is closed on shore (as has been the case in mainland China) - two sprout off shore (as is the case in Hong Kong and in Bulgaria). But this defies logic: the market today is global, the costs of production are lower (with the exception of the music and film industries), the marketing channels more numerous (half of the income of movie studios emanates from video cassette sales), the speedy recouping of the investment virtually guaranteed. Moreover, piracy thrives in very poor markets in which the population would anyhow not have paid the legal price. The illegal product is inferior to the legal copy (it comes with no literature, warranties or support). So why should the big manufacturers, publishing houses, record companies, software companies and fashion houses worry? The answer lurks in history. Intellectual property is a relatively new notion. In the near past, no one considered knowledge or the fruits of creativity (art, design) as "patentable", or as someone's "property". The artist was but a mere channel through which divine grace flowed.
  15. 15. Texts, discoveries, inventions, works of art and music, designs - all belonged to the community and could be replicated freely. True, the chosen ones, the conduits, were honoured but were rarely financially rewarded. They were commissioned to produce their works of art and were salaried, in most cases. Only with the advent of the Industrial Revolution were the embryonic precursors of intellectual property introduced but they were still limited to industrial designs and processes, mainly as embedded in machinery. The patent was born. The more massive the market, the more sophisticated the sales and marketing techniques, the bigger the financial stakes - the larger loomed the issue of intellectual property. It spread from machinery to designs, processes, books, newspapers, any printed matter, works of art and music, films (which, at their beginning were not considered art), software, software embedded in hardware, processes, business methods, and even unto genetic material. Intellectual property rights - despite their noble title - are less about the intellect and more about property. This is Big Money: the markets in intellectual property outweigh the total industrial production in the world. The aim is to secure a monopoly on a specific work. This is an especially grave matter in academic publishing where small- circulation magazines do not allow their content to be quoted or published even for non-commercial purposes. The monopolists of knowledge and intellectual products cannot allow competition anywhere in the world - because theirs is a world market. A pirate in Skopje is in direct competition with Bill Gates. When he sells a pirated Microsoft product - he is depriving Microsoft not only of its income, but of a client (=future income), of its monopolistic status (cheap copies can be smuggled into other markets), and of its competition-deterring image (a major monopoly preserving asset). This is a threat which Microsoft cannot tolerate. Hence its efforts to eradicate piracy - successful in China and an utter failure in legally-relaxed Russia. But what Microsoft fails to understand is that the problem lies with its pricing policy - not with the pirates. When faced with a global marketplace, a company can adopt one of two policies: either to adjust the price of its products to a world average of purchasing power - or to use discretionary differential pricing (as pharmaceutical companies were forced to do in Brazil and South Africa). A Macedonian with an average monthly income of 160 USD clearly cannot afford to buy the Encyclopaedia Encarta Deluxe. In America, 50 USD is the income generated in 4 hours of an average job. In Macedonian terms, therefore, the Encarta is 20 times more expensive. Either the price should be lowered in the Macedonian market - or an average world price should be fixed which will reflect an average global purchasing power. Something must be done about it not only from the economic point of view. Intellectual products are very price sensitive and highly elastic. Lower prices will be more than compensated for by a much higher sales volume. There is no other way to explain the pirate industries: evidently, at the right price a lot of people are willing to buy these products. High prices are an implicit trade-off favouring small, elite, select, rich world clientele. This raises a moral issue: are the children of Macedonia less worthy of education and access to the latest in human knowledge and creation? Two developments threaten the future of intellectual property rights. One is the Internet. Academics, fed up with the monopolistic practices of professional publications - already publish on the web in big numbers. I published a few book on the Internet and they can be freely downloaded by anyone.
  16. 16. The full text of electronic magazines, trade journals, billboards, professional publications, and thousands of books is available online. Hackers even made sites available from which it is possible to download whole software and multimedia products. It is very easy and cheap to publish on the Internet, the barriers to entry are virtually nil. Web pages are hosted free of charge, and authoring and publishing software tools are incorporated in most word processors and browser applications. As the Internet acquires more impressive sound and video capabilities it will proceed to threaten the monopoly of the record companies, the movie studios and so on. The second development is also technological. The oft-vindicated Moore's law predicts the doubling of computer memory capacity every 18 months. But memory is only one aspect of computing power. Another is the rapid simultaneous advance on all technological fronts. Miniaturization and concurrent empowerment by software tools have made it possible for individuals to emulate much larger scale organizations successfully. A single person, sitting at home with 5000 USD worth of equipment can fully compete with the best products of the best printing houses anywhere. CD-ROMs can be written on, stamped and copied in house. A complete music studio with the latest in digital technology has been condensed to the dimensions of a single chip. This will lead to personal publishing, personal music recording, and the to the digitization of plastic art. But this is only one side of the story. The relative advantage of the intellectual property corporation does not consist exclusively in its technological prowess. Rather it lies in its vast pool of capital, its marketing clout, market positioning, sales organization, and distribution network. Nowadays, anyone can print a visually impressive book, using the above-mentioned cheap equipment. But in an age of information glut, it is the marketing, the media campaign, the distribution, and the sales that determine the economic outcome. This advantage, however, is also being eroded. First, there is a psychological shift, a reaction to the commercialization of intellect and spirit. Creative people are repelled by what they regard as an oligarchic establishment of institutionalized, lowest common denominator art and they are fighting back. Secondly, the Internet is a huge (200 million people), truly cosmopolitan market, with its own marketing channels freely available to all. Even by default, with a minimum investment, the likelihood of being seen by surprisingly large numbers of consumers is high. I published one book the traditional way - and another on the Internet. In 50 months, I have received 6500 written responses regarding my electronic book. Well over 500,000 people read it (my Link Exchange meter registered c. 2,000,000 impressions since November 1998). It is a textbook (in psychopathology) - and 500,000 readers is a lot for this kind of publication. I am so satisfied that I am not sure that I will ever consider a traditional publisher again. Indeed, my last book was published in the very same way.
  17. 17. The demise of intellectual property has lately become abundantly clear. The old intellectual property industries are fighting tooth and nail to preserve their monopolies (patents, trademarks, copyright) and their cost advantages in manufacturing and marketing. But they are faced with three inexorable processes which are likely to render their efforts vain: The Newspaper Packaging Print newspapers offer package deals of cheap content subsidized by advertising. In other words, the advertisers pay for content formation and generation and the reader has no choice but be exposed to commercial messages as he or she studies the content. This model - adopted earlier by radio and television - rules the internet now and will rule the wireless internet in the future. Content will be made available free of all pecuniary charges. The consumer will pay by providing his personal data (demographic data, consumption patterns and preferences and so on) and by being exposed to advertising. Subscription based models are bound to fail. Thus, content creators will benefit only by sharing in the advertising cake. They will find it increasingly difficult to implement the old models of royalties paid for access or of ownership of intellectual property. Disintermediation A lot of ink has been spilt regarding this important trend. The removal of layers of brokering and intermediation - mainly on the manufacturing and marketing levels - is a historic development (though the continuation of a long term trend). Consider music for instance. Streaming audio on the internet or downloadable MP3 files will render the CD obsolete. The internet also provides a venue for the marketing of niche products and reduces the barriers to entry previously imposed by the need to engage in costly marketing ("branding") campaigns and manufacturing activities. This trend is also likely to restore the balance between artist and the commercial exploiters of his product. The very definition of "artist" will expand to include all creative people. One will seek to distinguish oneself, to "brand" oneself and to auction off one's services, ideas, products, designs, experience, etc. This is a return to pre-industrial times when artisans ruled the economic scene. Work stability will vanish and work mobility will increase in a landscape of shifting allegiances, head hunting, remote collaboration and similar labour market trends. Market Fragmentation In a fragmented market with a myriad of mutually exclusive market niches, consumer preferences and marketing and sales channels - economies of scale in manufacturing and distribution are meaningless. Narrowcasting replaces broadcasting, mass customization replaces mass production, a network of shifting affiliations replaces the rigid owned-branch system. The decentralized, intrapreneurship-based corporation is a late response to these trends. The mega- corporation of the future is more likely to act as a collective of start-ups than as a homogeneous, uniform (and, to conspiracy theorists, sinister) juggernaut it once was.
  18. 18. The Law of Attraction In A Legal Aspect This shocking truth may be shocking to more than just a few people. The success or failure in applying the law of attraction is based largely on how much energy a person has. So although your intent may be clear, if your own energy is low then you are not as likely to gain the success you are trying to achieve. There are several ancient yet scientifically proven ways to increase your personal energy to yield outstanding results. The results could be as extreme as, using the techniques and manifesting results within days compared to not using it and waiting for months to see results. We as human beings need to gain as well as conserve our energy in order to propel our thoughts with dynamic impact. Increased energy is everything to the attraction process. The benefits of positive thinking are not limited to just being happy. When your thoughts are positive and high you conserve more of your personal energy. However when your thoughts are low and negative you can immediately feel powerless and drained of energy. Energy is all around you and although you may not be able to see it, you can become aware of it and use it to increase your intentions using the law of attraction. However no matter what tools or techniques you use to raise your energy level the most important first step is to begin with your person energy. One way to begin monitoring your own energy is to ask yourself this question: How often do you engage in meaningful exchanges with people who love and support you? Believe it or not, the energy directed towards you from others greatly feeds your power to attract what you want. People are either taking or adding to your tank of energy. When you add high energy with the law of attraction you can gain greater results, quickly. That is the one secret that few people seem to understand. Ask yourself these questions, how effective have you been in manifesting what you want? What would you want to attract if you could greatly increase your manifesting energy? All The Best! Best Regards, Victor Gomez.

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