Category Archives: Articles
Client Question: Does the US Gov’t Own Copyrights?
“Kim Vanderheiden of Painted Tongue Press, which does custom design invitations, business cards, and greeting cards, among many others, asks: “Does the US Government and/or its branches own intellectual property rights on its forms and publications?” As a general matter, the federal government has no copyrights. 17 USC 105 says that “Copyright protection under this […]
Get It In Writing
When I discuss contracts with Business of Media students at Ex’Pression College for the Digital Arts , I give them four words of wisdom that I hope will outlast their memories of me. I tell them I want them to whisper these four words, like Charles Foster Kane whispering, “Rosebud,” on their deathbed. If my […]
Investing in a Little Law
A big worry for stockbrokers about 15 years ago was the rise of the day trader, people who would trade stocks on their own account, paying a minimal charge for each trade. Stockbrokers feared this would be a disaster, but it proved to be a boon. Day traders, focused only on the next trade, were […]
Unfair? Maybe. But a Fair Use. And Fun.
Regardless of what you may feel about the intent, the execution of this remix is a fantastic illustration of how copyright’s fair use doctrine enlivens free speech today:
A Story, Short & Sweet, About Covenants Not to Compete
Business lawsuits can grind on for a long time, and become very expensive. While many lawyers like that, most clients prefer something short, and preferably very sweet, in the sense of winning at the end. Twice, though, I have been involved in cases that were short and sweet for our clients. The area of law […]
The Right Fit
by: Andrew K. Jacobson © 2003, Bay Oak Law In recent years, new business owners have had several entities to choose from, depending on the needs of the business and the owners. The two most important factors in deciding the right business entity are limited liability and the tax treatment. Limited Liability. “Limited liability” is […]
Litigation and War
By: Andrew K. Jacobson ©2004 In his autobiography, “My American Journey,” former Joint Chief of Staff Chairman General Colin L. Powell presents several tests to determine when the nation should commit to battle. These tests eventually became known as the “Powell Doctrine.” These tests are as applicable to litigation as they are to war: Commit […]
Intellectual Property Secrets
Copyrights, Trademarks, Trade Secrets, & Patents Copyright What’s a Copyright? A Copyright gives you the right to control what happens to a work that you’ve produced. You have the right to control the copying of it (hence the term “Copyright”), but you have other rights as well. For example, you have the right to control […]
When Employees Must Leave
By: Andrew K. Jacobson © 2004, Bay Oak Law A worker leaving involuntarily is often a heart-wrenching experience for both employer and worker. While anyone who has ever been employed can sympathize with the employee’s loss of wages and benefits, the employer is also often troubled. A smart employer will try to avoid such troubles […]
When Your Valuables are Available
When you visit a jewelry store, it is easy to see a lot of security – cameras, electronic access cards for employees, sturdy, locked cabinets that display the jewels behind solid plastic. There is no doubt there is even more security that is not visible, especially at night. Much of this security is at the […]
