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<<October 2016>>
new posts in all blogs
Viewing: Blog Posts Tagged with: legal, Most Recent at Top [Help]
Results 1 - 25 of 48
1. Employment law: Post-Brexit

The Leave vote in the EU referendum presents several potential challenges for employers which are of far more immediate and practical importance than speculation about the future direction of employment law in a post-EU environment.

The post Employment law: Post-Brexit appeared first on OUPblog.

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2. Post-award remedies before the arbitral tribunal: a neglected means of streamlining arbitration

One of the reasons why parties choose arbitration is its time-efficiency. This is mainly due to the fact that the arbitral award decides the dispute in a final and binding manner and is subject to no appeal. Although time-efficiency belongs to the traditional advantages of arbitration, the users of arbitration have over the last years significantly increased the pressure to control time (and cost) in arbitration.

The post Post-award remedies before the arbitral tribunal: a neglected means of streamlining arbitration appeared first on OUPblog.

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3. The CISG: a fair balance of interests around the globe

The CISG may be called a true story of worldwide success which is not only proven by the ever increasing number of member states around the world but also by the fact that during the last 20 years the CISG has served as a decisive blueprint for law-making in the area of contract law on the international as well as on the domestic level.

The post The CISG: a fair balance of interests around the globe appeared first on OUPblog.

0 Comments on The CISG: a fair balance of interests around the globe as of 2/9/2016 5:48:00 AM
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4. Brexit and employment law: a bonfire of red tape?

If you’ve been following the Brexit debate in the media, you no doubt will have noticed how European employment laws are frequently bandied around as the sort of laws that Britain could do without, thank you very much. As welcome as a giant cheesecake at the Weight Watchers Annual Convention, the European Working Time Directive is never far away from the lips of Brexiters.

The post Brexit and employment law: a bonfire of red tape? appeared first on OUPblog.

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5. The UK Competition Regime and the CMA

On 5 February 2015, the National Audit Office (NAO) published a report entitled "The UK Competition Regime". The report assesses the performance of the UK competition regulators, focussing on the Competition and Markets Authority (CMA). It concludes that the CMA has inherited certain strengths, including a positive legacy of merger and market investigation work.

The post The UK Competition Regime and the CMA appeared first on OUPblog.

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6. A new European Regulation on insolvency proceedings

In June 2015, EU Regulation 2015/848 of 20 May 2015 on insolvency proceedings entered into force. This Regulation reformed – or, to be more precise, recast – EC Regulation 1346/2000, in order to tackle in a much more modern way cross-border insolvency cases involving at least one Member State of the EU (except Denmark).

The post A new European Regulation on insolvency proceedings appeared first on OUPblog.

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7. Legal Music

Don't violate another artist's copyright when you create your book trailer.


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8. Trains of thought: Sarah

Four people with radically different outlooks on the world meet on a train and start talking about what they believe. Their conversation varies from cool logical reasoning to heated personal confrontation. Each starts off convinced that he or she is right, but then doubts creep in. During February, we will be posting a series of extracts that cover the viewpoints of all four characters in Tetralogue. What follows is an extract exploring Sarah's perspective.

The post Trains of thought: Sarah appeared first on OUPblog.

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9. The visual, experiential, and research dimensions of police coercion

Over the past year the number of questionable police use-of-force incidents has been ever present. The deaths of Eric Garner in New York, Michael Brown in Missouri, and 12-year-old Tamir Rice in Ohio, are but just a few tragic cases.

The post The visual, experiential, and research dimensions of police coercion appeared first on OUPblog.

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10. All Will and No Grace – The Drama of Family Provision

The legal wishes of the dead have long been fertile ground for domestic drama. Shakespeare’s As You Like It opens on the theme: “As I remember, Adam, it was upon this fashion bequeathed me by will”.

The post All Will and No Grace – The Drama of Family Provision appeared first on OUPblog.

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11. Hallo Wien! International Bar Association annual meeting 2015

After venturing to the far East of Japan last year, 2015 sees the return of the International Bar Association’s annual meeting to Europe. Vienna will host the conference this year, a city which holds an interesting pedigree as a legal centre. The Annual Meeting itself promises to be a must-attend event for all international lawyers, with sessions ranging from climate change justice to human trafficking.

The post Hallo Wien! International Bar Association annual meeting 2015 appeared first on OUPblog.

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12. Signed Copy of J.K. Rowling’s New Crime Novel up for Auction

A signed copy of J.K. Rowling’s new crime novel, Career of Evil, was put up for auction. J.K. Rowling would probably approve of this donation from one of the lucky owners of a signed book, as the book was auctioned for a good cause, for local charity, Brighouse and Surrounding Homeless.

There are only 200 signed copies of the Robert Galbraith book, making the demand for this item at the silent auction very high. The book had a reserve of £1,000. Big House Echo recorded a statement about the charity being supported:


Alison Mitchell, chief Executive of BASH, said: “We provide an outreach service that connects those in need with the charities and services they may not have otherwise known about whilst offering food, clothing and friendly faces.

Thanks to donations we can provide food, drink and clothing. More importantly we can provide a listening ear.

The results from Friday’s auction have not been released. However, we hope that Career of Evil was able to at least break its reserve, and provide a lot of monetary donation for BASH.

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13. Copyright

Do you need to copyright your manuscript and will that prevent book piracy?


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14. Importance of the police report in car accident

In many jurisdictions, the police report is not permissible at trial a truth that amazes numerous jurors who cannot determine why they were not given the credit report. However trust me a vehicle accident investigation begins with an authority’s credit record. Consistently obtain the cops credit report if one is made, also if it is a brief form or simply an exchange of info type. See exactly how your customer prices in the marvelous system of things, nail down your witnesses and get your images of the vehicles as well as the scene instantly. Numerous lawyers believe the insurance firm will do the investigation for them, so they do not take notice of things like photos of the vehicles or of the scene when they initially get the instance. Initially, insurance policy companies do not usually want to place in the moment as well as expense of a detailed investigation on case. You do not have that deluxe, because you as well as your client just make money if the case does well.

Second, if you plan to depend on the insurance coverage company to do your examination, remember that beneficiary examination has a much different function than your own. Your examination is created to get the case paid. There is developed to find a means to turn down for the claim entirely or to find a need to resolve it at minimized value. So the provider’s photos of the vehicle damages tend to be materialized angles that decrease just how significant the damage looks. Their motorist says they made left on a green arrowhead, and that your client ran the red light. So the carrier never ever gets around to getting images that will certainly reveal if there really is a green arrow signal at that intersection to begin with.

The very best, quickest way to do an efficient first examination is to make use of Maryland car accident lawyer assets right away readily available to you. If the client has an electronic video camera, have them take photos and email them to you. Otherwise, maintain a supply of cheap, non reusable electronic cameras in your office to supply to the client to obtain these photos. If most of your intake is performed in person, your office needs to have an electronic camera and also a color printer efficient in publishing photos. Take the automobile damage images on your own. If the functions of the scene itself are at issue, you could get an immediate, cost-free consider topography by using Google Earth.

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15. The future of information technologies in the legal world

By Richard Susskind

The uncharitable might say that I write the same book every four years or so. Some critics certainly accuse me of having said the same thing for many years. I don’t disagree. Since the early 80s, my enduring interest has been in the ways in which technology can modernize and improve the work of the legal profession and the courts. My main underpinning conviction has indeed not changed: that legal work is document and information intensive, and that a whole host of information technologies can and should streamline and sometimes even overhaul traditional methods of practicing law and administering justice.

What have changed, of course, are the enabling technologies. When I started out on what has become a career devoted largely to legal technology, the web had not been invented, nor had tablets, handheld devices, mobile phones, and much else. As new technologies emerge, therefore, I always have a new story to tell and more evidence that suggests the legal world is shifting from being a cottage industry to an IT-enabled information sector.

The evolution of my thinking reflects my own technical interests and career activities over the years. My first work in the field, in the 1980s, focused on artificial intelligence and its potential and limitations in the law. This began in earnest with my doctoral research at Oxford University. I was interested in the possibility of developing computer systems that could solve legal problems and offer legal advice. Many specialists at the time wanted to define expert systems in law in architectural terms (by reference to what underlying technologies were being used, from rule-based systems to neural networks). I took a more pragmatic view and described these systems functionally as computer applications that sought to make scarce legal knowledge and expertise more widely available and easily accessible.

This remains my fundamental aspiration today. I believe there is enormous scope for using technology, especially Internet technology, as a way of providing affordable, practical legal guidance to non-lawyers, especially those who are not able to pay for conventional legal service. These systems may not be expert systems, architecturally-defined. Instead, they are web-based resources (such as online advisory and document drafting systems) and are delivering legal help, on-screen, as envisaged back in the 1980s.

During the first half of the 90s, while I was working in a law firm (Masons, now Pinsent Masons), my work became less academic. I was bowled over by the web and began to form a view of the way it would revolutionize the communication habits of practicing lawyers and transform the information seeking practices of the legal fraternity. I also had some rudimentary ideas about online communities of lawyers and clients; we now call these social networks. My thinking came together in the mid-1990s. I became clear, in my own mind at least, that information technology would definitely challenge and change the world of law. Most people thought I was nuts.

A few years later, to help put my ideas into practice, I developed what I called ‘the grid’ – a simple model that explained the inter-relationships of legal data, legal information, legal knowledge, as found within law firms and shared with clients. I had used this model quite a bit with my clients (by this time, I was working independently) and it seemed to help lawyers think through what they should be doing about IT.

In the years that followed, however, I became even more confident that the Internet was destined to change the legal sector not incrementally and peripherally but radically, pervasively, and irreversibly. But I felt that, in the early 2000s, most lawyers were complacent. Times were good, business was brisk, and the majority of practitioners could not really imagine that legal practice and the court system would be thrown into upheaval by disruptive technologies.

Then came the global recession and, in turn, lawyers became more receptive than they had been in boom times when there had been no obvious reason why they might change course. Dreadful economic conditions convinced lawyers that tomorrow would look little like yesterday.

With many senior lawyers now recognizing that we are on the brink of major change, my current preoccupation is that most law schools around the world are ignoring this future. They continue to teach law much as I was taught in the late 1970s. They are equipping tomorrow’s lawyers to be twentieth century not twenty-first century lawyers. My mission now is to help law teachers to prepare the next generation of lawyers for the new legal world.

Richard Susskind OBE is an author, speaker, and independent adviser to international professional firms and national governments. He is president of the Society for Computers and law IT adviser to the lord chief justice. Tomorrow’s Lawyers is his eighth book.

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Image Credit: ‘The Grid’ courtesy of Richard Susskind. Used with permission. Do not reproduce without explicit permission of Richard Susskind.

The post The future of information technologies in the legal world appeared first on OUPblog.

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16. Beneficial Cash Advance Guidance, Suggestions

instant payday loans online Get unsecured personal loan in Raleigh, NC by using instant $ 200 payday loans online within 1 hour .

Considering everything that customers are facing in today’s economic system, it’s not surprising pay day loan services is really a speedy-increasing sector. If you locate your self thinking about a pay day loan, keep reading for additional details on them and how they may support help you get out from a existing financial crisis speedy.

If you feel that you might be being treated unlawfully, or unfairly by the pay day loan provider, make certain you document a criticism together with your state firm. Unless you document a criticism, the borrowed funds provider will likely be free to keep on running in an illegal method. They may even use abuse, in order to get their cash back by you.

Analysis different pay day loan companies prior to settling on one. There are various companies available. Many of which may charge you serious rates, and fees in comparison to other options. Actually, some might have short-run specials, that truly make a difference inside the total price. Do your diligence, and ensure you are getting the best deal possible.

Before you take the jump and selecting a pay day loan, look at other sources. The interest rates for payday cash loans are substantial and when you have far better possibilities, try them first. See if your loved ones will financial loan you the funds, or try a classic lender. Online payday loans really should become a last resort.

Should you comprehend the concept of employing a pay day loan, it can be a handy device in certain situations. You have to be certain to browse the financial loan contract carefully before you sign it, and when there are actually questions about any of the specifications demand clarification in the terminology before you sign it.

If you locate your self seeking to take out a pay day loan make certain, you look around first. Each firm has distinct guidelines and charges, and also by shopping around it will save you your self coming from a huge head ache. Be sure you check with several inquiries that you can before you sign through to something so you know what to anticipate.

When you have removed a pay day loan, speak with your payroll office at your workplace. See if they can move forward you one of your after that paychecks to be able to shell out straight down your loan speedier. Even if they can only do part of it, that can still cut down your interest drastically.

Look into the restrictions with regards to payday cash loans inside the state your location. Some says do not let payday cash loans, because of the really high rates of interest that, are part of the financial loan agreement. These says think that in addition to the predatory character in the payday cash loans, in addition they inspire poor fiscal practices, inside the customers who utilize them.

Make certain you browse the guidelines and relation to your pay day loan very carefully, in an attempt to avoid any unsuspected excitement down the road. You should understand the complete financial loan contract before you sign it and acquire your loan. This will help come up with a better choice as to which financial loan you must take.

Take into account that prior to getting your check coming from a pay day loan, the lender will subtract fees. So when you remove a loan for starters-thousands of $ $ $ $, you will not acquire so much. Each lender has distinct fees, so ensure you are conscious of these ahead of time.

In case you are looking for a pay day loan on the internet, make certain you get in touch with and talk to a real estate agent prior to coming into any information and facts in to the site. Numerous fraudsters pretend to get pay day loan firms in order to get your hard earned money, so you want to make certain you can get to an authentic particular person.

Those of you who wish to get yourself a pay day loan could be smart to exhaust all other possibilities prior to deciding to do so. Online payday loans cost an left arm as well as a lower body in curiosity and should only be utilized for a last resort. Try to look for yet another way to get some cash first.

Ask exactly what the interest in the pay day loan will likely be. This is very important, since this is the amount you will need to shell out in addition to the money you might be borrowing. You could even would like to look around and get the very best interest it is possible to. The less level you locate, the reduced your total settlement will likely be.

While you must not use payday cash loans like a major approach to shell out your bills because of the high rates of interest, they can be a wonderful support should you need funds rapidly and also have no other possibilities. Recall the ideas in this article, in order to use payday cash loans smartly.

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17. brand names

What are the legalities about using brand names in your writing? 


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18. Marvel Reaches Settlements with Gary Friedrich, Bob Layton

It appears that Marvel have offered Ghost Rider creator Gary Friedrich a settlement, thus ending the lengthy case which had previously bankrupted the veteran writer. The details of the settlement have not been offered to the public, but Friedrich’s attorney has informed a federal New York judge that the case can now be dismissed.


Hopefully this is good news for Friedrich, whose battle for rights over the Ghost Rider came to a head in 2007, when the first movie was released. There was sniping on both sides, with Friedrich suing Marvel and then  Marvel counter-suing Freidrich and, well, let Jeff Trexler explain it all in more detail.

Interestingly enough, however, writer Bob Layton – best known for his work on Iron Man, aspects of which were reflected in the subsequent film releases – has also taken to Twitter to announce that Marvel have also made a settlement with HIM over a character issue. Referencing David Michelinie in his tweet, this almost certainly refers to the ‘Demon in a Bottle’ storyline he wrote.

I wonder if we’ll see other creators revealing settlements over the next few weeks. It looks like some new policy might have come in, and hopefully it’s one which will give all creators the best possible deal.

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19. Author Website Content: Privacy Page

Goodreads Book Giveaway

Abayomi, the Brazilian Puma by Darcy Pattison

Abayomi, the Brazilian Puma

by Darcy Pattison

Giveaway ends March 21, 2014.

See the giveaway details at Goodreads.

Enter to win

This month-long series of blog posts will explain author websites and offer tips and writing strategies for an effective author website. It alternates between a day of technical information and a day of writing content. By the end of the month, you should have a basic author website up and functioning. The Table of Contents lists the topics, but individual posts will not go live until the date listed. The Author Website Resource Page offers links to tools, services, software and more.

Legal Issues for Websites

WWW under construction building website

A Privacy Policy is important because you must disclose on your site what types of information you collect and how you use it. This especially applies if you write for children because you must comply with the COPPA regulations, the Children’s Online Privacy Protection Rule (See the government site here.)

COPPA applies only to those Web sites and online services that collect, use, or disclose personal information from children. However, the FTC recommends that all Web sites and online services – particularly those directed to children – post privacy policies online so visitors can easily learn about the operator’s information practices. From COPPA FAQ

More COPPA Compliance information.

It’s a good policy to provide a privacy policy and it’s simple to do. Once done, you can forget about it.
NOTE: I am not a lawyer and this does not constitute legal advice!

There are a couple ways that website owners often use to generate a Privacy Policy.

Form Generator Services: Some services ask you questions about how you operate your site and then generate a policy. Here are two examples: FreePrivacyPolicy.com
SERP Rank Privacy Policy Generator

WordPress Plugins:
Please Search Plugins/AddNew for up-to-date plugins that generate privacy policies and choose the one that fits your situation best. Here is one example: Auto Terms of Service and Privacy Policy.

If you offer a service or sell something from your site, you may also need a Terms of Service policy page, which explains the rules of offering and using the service. Again, look for WordPress Plugins, or contact a lawyer for appropriate legal advice.

After you create your Privacy Policy and/or Terms of Service, save them to upload as a Page later. But think about how you will link to these pages. Usually, links must be in a prominent place on site, but most people don’t want this in the Main Menu. A common area for linking to the Privacy Policy or the TOS is the footer. Footer Putter plugin allows you to place the links to your privacy policy in the footer of your page. Search Plugins/AddNew to find other options and make a decision about works best for your website.

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20. Permissions

When do you need to seek permission for quoting material, and how to go about getting it. 


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21. Jargon

Jargon consists of words that relate to a specific group, profession, or event.
  • actionable intelligence
  • bait and switch
  • behind the eight ball
  • best practice
  • bounced check
  • brain trust
  • bull market
  • circular file
  • core competency
  • face time
  • fall guy
  • file thirteen
  • food chain
  • free lunch
  • game changer
  • head count
  • hired gun
  • in the loop
  • in the red/black
  • in the running
  • out of pocket
  • push back
  • put to bed
  • time frame
  • value added

Medicine is full of Latin words that sound intimidating but mean relatively little. 

  • Thyroiditis (root word thyroid + itis meaning inflammation)
  • Myeloma (root word  myelo=marrow+ oma meaning growth)
  • Endocrinology (root word endocrine + ology meaning study of)
Although it is Latin, it is also their jargon. Medical terminology is full of acronyms. If you've ever listened to a professional conversation and been unable to follow the acronyms, you've listened to jargon.
  • CT scan (computed topography)
  • MRI (magnetic resonance imaging)
  • BMP (basic metabolic panel)
  • CBC (complete blood count)
  • PET scan (positron emission topography). 
Jargon is used as short-hand to refer to things common to people’s understanding. The art of texting has inspired an entirely new acronym vocabulary.
  • BTW - By The Way
  • IMHO - In My Humble Opinion
  • MOTD - Message Of The Day
  • FAQ - Frequently Asked Questions
  • CYA - See You Around
  • HTH - Hope This Helps
  • FYI - For Your Information
  • LOL - Laugh Out Loud
  • PFA - Please Find Atached
The field of computing has spawned many jargon words:

  • blog
  • Byte
  • CD-Rom
  • disk drive
  • email
  • hard drive
  • hyperlink
  • internet
  • RAM
  • vlog

For fantasy and science fiction writers, building a new world can be enriched by adding a few - I stress few - new words and phrases. Make certain you clarify their meaning to the reader. Adding a dash of unique jargon brings your world to life. Too many obscure references, and you risk losing a reader's interest.

For historical writers, you have nitpicky fans. Look up when a term was first used. They love to point out your errors.


? Turn on the Clichés, Colloquialisms, and Jargon option in the toolbox. They will be marked for you. As you read through your draft, decide which to keep and which to kill. Have you used the jargon intentionally?
? Does it mean what you think it means?
? Have you committed jargon abuse? Should you trim it?
? Does the jargon fit the time and place?
? Does the jargon fit the background and personality of the character uttering it?

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22. Song Lyrics

Do you need to have the rights in order to song lyrics in your manuscript? 


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23. Rights Reversion

What's involved in getting the rights to your book back from your publisher?


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24. Gotham Greets the Justice League

JLeagueLogoColor 143x150 Gotham Greets the Justice LeagueOn Friday New York City Mayor Bill deBlasio met with protestors to discuss their demands for police reform after the shocking death of Eric Garner and the controversial grand jury decision that followed. The name of the activists’ organization will sound familiar to any comics fan: Justice League NYC.

That this prominent group of social justice warriors would share a name with DC Entertainment’s leading super-team is no coincidence. Just check out the group’s logo, which features two African-American superheroes flying out of New York City through a graffiti-style logo. Dig even deeper into contemporary activism’s history and we see even more connections: Ferguson protestors formed their own Justice League over the summer, a leading progressive journalist writes at JusticeLeagueTaskForce.wordpress.com, and as pretty much everyone here knows, the Occupy movement made the V for Vendetta Guy Fawkes’ mask a global icon.

The role of comics in recent protests will no doubt be the subject of any number of academic papers, most of which will bear a punny coloned title like “DC Nation: From Social Relevance Comics to Social Change.” Yet before folks explore what all this means at greater length, I want to offer a quick note on how this phenomenon ties into comics’ uneasy relationship with the law.

Before Photoshop and Final Cut made it possible for anyone to transcend their innate limitations, comics offered a cheap and easy way for people to give a visible form to their wildest thoughts. They became pop culture’s analogue to law as the magic mirror of society — photos may have showed us how the other half lives, but in comics we could create the world of tomorrow, free from the strictures of budget, politics, injury, death, and the real world’s ineffective legal system. What’s more, comics also did away with the shadows and fog that even today make inquiries such as the Serial podcast so frustrating — in the comics world we know who is good, who is evil, and who will win; the big question is how good will triumph.

That sensibility is in comics’ DNA, to both good and ill effect. An unreflective transfer of the comics’ approach to seemingly intractable problems would at its most extreme result in moral nihilism, as violence becomes the standard means of removing any obstacle to achieving what is right. At the same time, the comics’ metaphorical blend of constructive critique and unbounded possibility helps explain why the social relevance comics of the 1970s weren’t as much of a break from the past as some might think. We can draw a straight line back from the O’Neil & Adams Green Lantern/Green Arrow through to the Justice League, Shock SuspenStories, Captain America and Wonder Woman — and the same is true moving forward in time to today. Comics have always had the power to show us who we are and what we can be, and they are at their best when they resemble the magic mirror as ideally envisioned by Oliver Wendell Holmes – reflecting not just our own lives, but the lives of all people who have been.

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25. Music for Book Trailers.

There are several sources of LEGAL music to use on your video. 


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