| October 2017 Newsletter |
In this month’s newsletter from your friends at The Piatchek Law Firm, LLC we will be looking at our firm’s aggressive approach to defending your rights during a Criminal Defense case, and highlighting a few of the many services we offer the accused. We will also review our many available options pertaining to Family Law Services, including Custody and Support Modifications. Plus, as a special treat, we’ve doubled the number of stories featuring legal oddities from around the country in this newsletter, in an effort to help our friends and clients in the struggle to end midweek boredom. |
Overcoming the Tyranny of Copyright: Who Owns The Iconic “We Shall Overcome” Anthem? Songs such as “Happy Birthday” are so old and well known that they are considered public domain. Many people would assume that the iconic civil rights’ anthem “We Shall Overcome” would enjoy the same status — but this is not the case.
A lawsuit concerning the song “We Shall Overcome” came about during the production of a documentary film about the song’s heritage, when director Isaias Gambao was denied a license to use the music by the copyright holder. Can you guess who holds the copyright to this song?
American singer Pete Seeger claimed the song in 1960, when he substituted the word “shall” in the chorus for the word “will” which was used in earlier versions of the song. The earlier version, which contained the line “We Will Overcome” was a chant used by African American union members, whom Seeger said to have first heard the song sung by “…in 1947 or 1948.”
Last April, Gamboa sued for the use of the song. Judge Denise Cote of the Southern District of New York ruled that the changes Seeger made (from “will” to “shall”) lacked significant originality, and that the verse belongs in the public domain. The future of the song’s copyright status remains in limbo, as the case continues to play out in court. |
| Criminal Defense — We Stand Up For You and Your Rights Our criminal defense team has both the experience and the compassion necessary to help you and your case achieve the best result. We take the time to answer questions, explore all of your options, and discuss the potential outcomes of your choices. When you work with Piatchek attorneys, you know that we will discuss the full range of legal options available to you, so that you can make the best, most informed choices possible. We are absolutely prepared to go the distance with any case — Although, our commitment to transparency and providing affordable, quality legal services means that you can rest assured that you won’t be charged the same if you ultimately choose to take a plea bargain, than if you were to go to trial. We Handle All Types of Criminal LawOur attorneys use a tough, tested, and professional approach to criminal defense. We provide traditional criminal defense services, ranging from common scenarios such as traffic ticket defense and various Misdemeanors, to more serious charges such as DWI, Felony Charges, and White Collar Criminal Defense.
Click here for more information about Criminal Defense Services
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Stories From Around the Country: Twitter User Faces Heavy Sentence for Impersonating Police
Twitter user and Miami resident Ernesto Orsetti, 48, created a popular Twitter account parodying a Miami Beach Police spokesperson — but the joke fell flat on the Miami Beach Police Department, who have since arrested Orsetti on charges of “false impersonation.”
Parody Twitter accounts are generally loathed and considered boring, unoriginal content by the majority of Twitter’s over 300 million users, but rarely are these posts considered criminal acts worthy of jail time. Under Florida law, Orsetti faces up to 5 years in prison for impersonating an officer, through his humorous parody account, which has since been suspended by Twitter.
Fortunately for Orsetti, parody of public figures has a long history of being protected by the First Amendment. As far as cases specifically concerning Twitter users go, in 2014 Peoria, Illinois police raided the home of a man who was impersonating the Mayor… and ended up dropping the charges in court, and paying him $125,000 to settle the suit.
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| Custody and Support Modification — Adjusting for Changes
Child support, maintenance, or alimony amounts that you are paying or being paid are not fixed, and can be changed with the help of our attorneys. In addition, we can also assist you in modifying the terms of your current child support, custody, visitation, or alimony arrangement. If you are seeking to modify such an arrangement, this typically means that since the date that the arrangement was ordered, there have been substantial changes in the circumstances involving your arrangement that have rendered the old plan unreasonable, undesirable, or perhaps even impossible. In our experience, most modifications are contested matters. However, if enough terms are agreed upon, parties can engage in either a cooperative modification, or an uncontested modification.
Uncontested, Cooperative Modification
Most modifications cases are not cooperative, and are in fact contested, meaning that the parents/parties do not agree on the new terms. However, if you feel that your case is a cooperative one, and it meets the following requirements, we should be able to handle your modification case quickly and easily. If your case is cooperative, all of the following concerning your case should be true:
If any of these statements do not apply to your situation, you will most likely be facing an uncooperative/contested case, with which we are also prepared to assist you.
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