04 March

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Understanding Breach of Contract in California

In the dynamic world of business, contracts serve as the backbone of transactions, ensuring that agreements are honored and expectations are met. However, what happens when one party fails to uphold their end of the bargain? This is where the concept of "breach of contract" comes into play, and understanding its implications is crucial, especially in the jurisdiction of California. What is Breach of Contract? Breach of contract happens when someone doesn't do what they promised in...

13 July

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Can I register a copyright for a musical composition and sound recording in one application? Answer: YES!

Posted by taylorh

Registering a copyright with the United States Copyright Office at copyright.gov seems like it should be a fairly simple thing to do; go to the website, fill out the application, upload your copyrighted work, pay the fee, click submit, and you’re done. However, it can be a daunting task once you get into the application and you are faced with legal questions about claimants, authors, types of work, and...

10 October

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Can you trademark your hashtag?

Posted by taylorh

in Business Law, Intellectual Property Law, Intellectual Property Litigation, Legal Advice, Trademark Law, Trademark Litigation, Trademark Registration

What is a hashtag? A “hashtag” is a form of metadata that is created by utilizing the “hash”, “pound”, “number” a.k.a. “hashtag” symbol (i.e., “#”) followed by a word or phrase without space. Meta data is something online (i.e. data, such as #YOURBRAND) that when searched gives information about something else (i.e., other data such as pictures of your products or information about your services). So, typically a hashtag is used when you do an online post so...

13 February

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Independent Contractor’s, the “Work Made for Hire” Doctrine, and the Presumed Employee

Posted by Taylor Howard

in Business Law, Business Litigation

The "work-for-hire" doctrine is presumably, for employees ONLY. After all, employees are hired, not independent contractors right? However, it is standard practice to have a "work-for-hire" clause in all independent contractor agreements in nearly every industry, nationwide. In California, there could be serious issues with stating in an independent contractor agreement that all the intellectual property created by the contractor is a "work-for-hire" because in recent years California and federal agencies have started cracking down on mis-classified independent...

31 December

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Remedies for Copyright Infringement

Posted by Taylor Howard

in Business Law, Business Litigation, Copyright Law

If you believe that your copyright has been infringed upon, it is critical that you pursue one or more of the remedies provided under the federal Copyright Act. Depending on the specifics of your situation — and, most importantly, whether you've registered your copyright — you could be eligible for considerable damages. Available remedies for copyright infringement are outlined below: Monetary Relief In most copyright cases, monetary relief falls under one of a few main categories: actual...

07 November

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Copyright Infringement Litigation

Posted by Taylor Howard

in Art and Media Law, Business Litigation, Copyright Law

As a creative professional, you pour your heart and soul into every masterpiece. When somebody else uses or copies your prized works without permission, you suffer not only the emotional burden of infringement, but also the risk of significant financial and reputational repercussions. A copyright infringement lawsuit may be your best option for recourse; read on to learn how you can build an airtight case. Demonstrate Eligibility for Copyright Protection Before you proceed with filing a lawsuit, determine whether your...

02 November

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Proprietorship, Partnership, Limited Liability Company (LLC), or Corporation?

Posted by Taylor Howard

in Business Law

Which business entity form is right for me and what is an S-Corp. anyway? One of the first questions that an entrepreneur must face when forming a startup business is what type of business entity to form, if any. The main reason anybody forms a fictitious business entity is for personal liability protection. By forming an LLC or a corporation, a business owner can protect their personal assets, i.e., their home, car, savings accounts and other...

02 November

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Copyright, Trademark, or Patent

Posted by Taylor Howard

in Art and Media Law, Business Law, Copyright Law, Trademark Law

Which form of intellectual property do I need? It is very common for people to get forms of intellectual property. Often I talk to people who know that they need to protect their intellectual property, but they aren’t sure what form of intellectual property protection they need. Although there are some similarities among these kinds of intellectual property, copyrights, trademarks, and patents are different and serve different purposes. This blog post will first outline the three...

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