By Brian Healy Esq.

The essence of most business contracts is the exchange of goods or services for money. Surprisingly, though, many contracts (even otherwise complex contracts such as technology licensing agreements) have sparse provisions dealing with payment terms, and some contracts only provide for the dollar amount to be paid.

This article is the first in a two-part series discussing how companies can better protect themselves in the event they are required to either judicially enforce a contract or seek damages for the breach of contract. This article will detail certain contractual provisions that should be present in every commercial contract. more

Money: Part II

Corporation vs. LLC


Legal self-help is back in the press. Maybe this is a result of the sagging economy, maybe people believe the Internet can provide them all the necessary and correct information. Nolo Press and other providers of self-help books and websites are thriving.

Undoubtedly, legal self-help is appropriate in certain situations. However, in certain situations it may not be, and in certain situations it is clearly inappropriate. more

Copyright is a legal device that gives the creator of a work the right to control how that work is used, including the right to reproduce, distribute, and adapt such work. Copyright protects a wide variety of works, including movies, video games, paintings, novels, software code, sculptures, photographs, and architectural designs.

To qualify for copyright protection, there are three basic requirements:

  1. the work must be "fixed in a tangible medium of expression." This means that it must exist in some physical form for at least one brief moment;
  2. the work must be independently created by the author; and
  3. it must have a creative element. Thus, the mere recital of facts, like the names and phone numbers in a telephone book, are not copyrightable. This is true even if the author spends considerable time and effort discovering previously unknown facts. more

 

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