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Security Agreement, Copyright Public Notice, UCC Filing Questions & Answers in 2013*

(See Also 2007*; 2008; 2009; 2010; 2011* 2012* 2013* 2014* )

These questions are in no particular order - but may reflect some of your concerns and answers to same.


Re Filing an UCC1 in your State:

Q: I have not filed a UCC-1 with the State of X. Is this a necessity? Do I send a invoice with my public notice?

R: No invoice necesssary.

 
This is an analogous story, I lost my dog in Chicago and so when I was in New York I filed a public notice in NY in case anyone saw my dog. Does this make sense?
 
Not if you want people in Chicago to take notice. How ever if you put an ad in the newspaper in Chicago saying, "Did you see my black dog lost in Chicago see pic - 'Click Here' whereas it takes them to a picture you posted on the net in NY. Would that work? Yes, because you make the connection from a Chicago posting in the newspaper to a picture posted on the net in New York.
 
Likewise IF I posted your UCC1 filing in XSTATE [hypothetically] - the only way people in Chicago are going to connect to the filing in XSTATE is if you post a public ad in a Chicago newspaper linking the two together. If you did fine - you have the linkage and can prove it IF you kept the records or each issue of the paper it was posted in or alternatively an affidavit by the newspaper establishing that fact.
 
If you didn't and you didn't file an UCC1 locally in Chicago - then there is nothing to link back to what was filed in XSTATE. Referring to the dog example why would anyone look up a public filing in New York if your Straw man's residence is in Chicago. We filed in XState because we knew it would get accepted as a backup should you not be able to file successfully in ILLINOIS.
 
In otherwords 'they' have no idea of who you say or think you are if there is not a public posting in your ares or a link to where there is a posting.  Futhermore if you did not post it publically it has not passed the crdibility test - giving other parties who have an interest in said FULL CAPS NAME an opportunity to contest what you are asserting in the copyright-name public notice.
 
If you did fine. In either case one option is to send a notice directly [the copyright-public notice] to whoever is tresspassing on what you claim is for your use only - the use of your vehicle in commerce, your LEGAL NAME. 
 
Hope that helps
 
Re Copyrighting the Name
 
Q: I had done my own recording and "redemption" process...buthad been advised you can not copyright the "NAME"...  I didn't read close enough..but I see now that you said the same thing.... I now comprehend that in essence we are contracting with the "NAME"...  for the use of as this is the transmitting utility.

It would have no energy if not for our signatures .... so I wouldthink logically we could contract the use and  there for copyright the use of the fiction and trademark.

When I did my own process following instructions from someone else.... It always seemed like enforcement via copyright infringement was missing?????


R: Bottom line of all this is in my humble opinion the courts/legal system can only deal with the fiction that they create. We use it inside their system as a vehicle in commerce as a matter of necessity.

Naturally they won't allow anyone else to 'copyright' what they created. The commonlaw copyright public notice in my humble opinion is just, a public notice, claiming the right of use of the fiction on the basis it is a derivative of the family and given names.
 
Its a question of who came first you or the name. The public notice makes this claim of right and should it not be contested giving others the opportunity to do so for a reasonable period of time, then you can reasonably assert that your public notice stands as truth. That is the whole point of that exercise as from then on you can assert the same.
 
That's all I can say, making a legal opinion of the documents you have given me is a line I cannot cross. If you wish I can recreate the original public notice or use new current information to create a new one picking up from/honouring what was started before.
 
As far as the ucc filing where you have on record personal information[an absolute no no] you can cancel it and therein remove it out of the system. As long as it is in there you are exposed as there is is enough information there for anyone to commit identity theft. Remove it immediately. Les.

Re: Dealing with an Agency

Q: regarding where to post/send the copyright-name public notice.

R: This is tricky as I can't give you any legal advice as 'I am not qualified to do so'. Otherwise the quick answer, yes - you can do what ever you want. The purpose of the copyright-public notice is to simply give a notice. You can do that to an individual person or any other entity.  Read it again and understand what it is saying, revise it if necessary to suit your purposes of the notice and then if it fits the bill [pun intended] sent it to the agent or agency in charge [ I would if it were me include the statement, "Notice to Agent is notice to Principle"].  As I understand it the notice says, "Don't use my FULL CAPS NAME without my permission or I will bill you x amount of dollars per use."

Q: Am I correct to assume that with the wording on the "note" that I do not need to get this document notarized and filed in the county recorders office.

R: If by note if you are referring to my analogy of the dog ... to continue if you lost your dog in Chicago ... and you are holding in your hand the poster saying, "lost dog phone X if you see it" it likely won't do anything if only you know about the poster.

However you can fax the posting to your neighbour who's farm is on your left [which is likely where the dog is] to promptly deal with the issue on hand. Or you can post it on the county courthouse public bulletin board where everyone can see it. As a sovereign human being what you do is up to you but if someone is going to look for 'YOU' in the records, likely they will start in the county recorder's office to see if there are any claims against you. Complex answer to the question - implying yes.

The notary here serves the function of a professional witness that is recognized by the State, a man occupying an office [acting in an official capacity] and so your document [the copywrite public notice] with his signature and stamp is recognized in common law and legislative law. He establishes the fact that the document was in fact created by you and not an impersonator.
 
I hope that puts it in a context that is understandable. Cheers - Les.

 

 

NOTE: All the above is in my own personal opinion as is all information I provide and as I am not authorized to practice law or to give legal advice in your jurisdiction it is your responsibility to verify same with competent legal authorities.

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