Copyrights protect creative works like software, web site content, books, music, and videos. Whether your needs are registering, licensing, or enforcing a copyright, we can help you protect your work.
While your creative work is automatically copyrighted on creation, filing with The Copyright Office gives you extra protection from infringement. There is also legislation (The Digital Millennium Copyright Act) that allows copyright owners to force a content host to take down infringing work. It also allows content hosts (e.g. YouTube and Facebook) to be immune from the copyright infringement of their users. We can help you navigate this legislation and keep others from improperly using your works. We can also help keep you immune from liability if your users infringe on the works of others.
You may also wish to license your software or other creative work to others. This is best accomplished via Licensing Agreements (LAs). LAs act as contracts that define the rights and responsibilities of both you and your users. We can help you create a contract that clearly outlines the scope of the license and protects you from liability. I can also address other potential issues you may face such as: Disclaiming/Limiting Liability, Disclaiming/Limiting Warranties, and Choice of Law or Arbitration clauses.
The words of the LA are not the only issue to consider. With most sales happening over the Internet instead of face to face, you also need to address whether or not the user accepted the terms of your LA for it to be enforceable. When we write a LA for you, we will also evaluate whether you are displaying it in a manner that a court would likely rule it enforceable against a user. Furthermore, certain contractual terms have been held by various courts to be unconscionable or preempted, and therefore not enforceable. We will work to help you avoid these legal pitfalls.