Legal Issues affecting Small Business Owners. Presented at City of Chicago’s Small Business Expo July 17, 2009 Daliah Saper Saper Law Offices 312-527-4100 [email protected] www.saperlaw.com. DISCLAIMER. Outline of Today’s Presentation:. I. Choosing a legal and accounting team
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Copyright owners enjoy the exclusive right to:
Q: Isn’t putting a © symbol next to what I create enough?
A: No…this just puts people on notice. You still need to register in order to sue.
Q: What if I put my work in a self addressed envelope and mail it back to myself?
A: No again. You still need to register your work in order to sue.
Depending on what you are copyrighting, you will need to fill out one of several forms available at www.copyright.gov
Now its time to discuss ownership rights when you a) hire an employee and b) when you hire an independent Contractor.
The Copyright Act defines a “work made for hire” as:
(1) a work prepared by an employee within the scope of his or her employment; or
(2) a work specially ordered or commissioned for use as a contribution to a collective work:
YOU, THE EMPLOYER.
No extra paperwork needed.
The implications of this:
Since you, the employer own the work, your employee can’t then use what he/she created later at a new job…or even to post it on his/her website or include it in a portfolio.
He/she can only do these things if he/she: GETS PERMISSION.