The Basics of Copyright Law

Copyright laws basically grant intellectual property rights and ownership to the creators of non-tangible items such as novels, music, website content and more. It can be applied to anything online – text, art, graphics, photos and music. This can also include software.

Copyright law gives the owner of the material five basic rights. These rights are:

• Reproduction Rights – Only the owner can determine who has the right to duplicate the work.
• Modification Rights – Only the owner has the right to modify the original to create a new work. An example of modification to a preexisting work is if you were to alter a photograph. Unless you own the rights to that photo, you could be in copyright violation.
• Distribution Rights – This concerns the right to distribute copies of the work, whether by selling them or giving them away. This is especially relevant to software developers who make their living by creating and selling software.

These three rights are the most important rights concerning software developers and licensing. The other two rights covered under copyright law are:

• Public Performance Right – Involving the right to perform the material (such as a song or script) to the public.
• Public Display Right – Similar to the Public Performance Right, this right involves displaying any images or video clips to the public.

If you work as a software developer, anything you create is solely yours to distribute and reproduce under copyright law. When you choose to grant permission to others to use the software or reproduce it – by installing it on another computer, for example – you are granting them license. When clients purchase software, they are generally purchasing licenses, not the actual ownership of the software. The ownership still belongs to you, the creator.

A great example of this is purchasing the Microsoft Office Suite for your office. If you have five computers that need the Microsoft Suite, you will purchase five licenses. This will allow you to install the Microsoft Suite up to five times.

For more information on copyright law, read this detailed explanation from contract and legal document experts, Contract Edge.

Legal Forms Websites – What to Look For

If I tried to woo potential clients without showing them a portfolio, or even a testimonial, how would I be able to land any business? It would be great if I could just tell people that I know web design inside and out and I’ll show them after they pay me.  The same is true for legal form websites: you need to know what you’re getting before you pay for it. There are many sites out there that provide existing contract templates and agreements for web designers, so make sure you use a company that won’t surprise you.

Ideally, a legal forms website should explain what will be included in their contracts in advance and show you the outline of what you are buying.  Using online legal form templates is a huge timesaver if you have no idea how to create a valid web design agreement.  Once you’ve downloaded the software, you can edit the agreements to your own specifications and then use it right away.  Using a service like this is so much better than paying twenty dollars for a .PDF that you know is just being resold to you in the first place.  Plus, once you’ve downloaded the software that contains the contracts and agreements, you can re-use them anytime – just edit to your specifications & go!

The Importance of Defining Contracts and Business Agreements

Define your project.  Project management is extremely crucial to success.  If you are being paid a lump sum or have quoted a specified number of hours for a project it becomes even more important to manage time efficiently.  Any extra time it takes you can cut into your profit margin.  Before you accept a project, make sure that the project is spelled out completely and that all of the involved parties agree on what the project will entail.

I can’t hammer this point home enough.  It is very easy to agree to do something for a client and then half-way through the project realize your expectations and your clients are way off base.  Since the customer is always right, you end up spending extra time reworking or fixing the project to your client’s newly defined specifications.  The best way to avoid this scenario is with a clear, accurate and explicitly complete contract.  If you are building a web page, don’t just assume what content will go where or how it will be delivered.  Make sure that content, at least in a place holder form, is included in your contract.  Spell out how the “about” section will be displayed for end users.  Making assumptions is a cardinal sin to be avoided at all costs.  Without clearly defined boundaries and explanations in place, the life of an independent contractor is hell.  The reason people are contracting with you is that you can do something they can’t or you offer a more cost-effective option.  I’ve learned to always be wary of clients.  Even the best clients are only as good as their last payment.  That might come off as cynical but once you’ve been in the game long enough, you realize idealism is reserved for rookies.  In real life, clients are looking out for their best interests and so are you.  Sure, both parties want to work together in harmony.  The best way to ensure that beautiful harmony is with a well defined contract in place.

Once you have your amazing contract in place, it is up to you to achieve the objectives stated in the contract.  I find a well written contract leads to smooth deadlines and easily achievable goals.  That leads to higher productivity and satisfied clients.  Satisfied clients are return clients and referrals in waiting.  There isn’t any better business then return business.

Legalities of Contract Writing

In my experience, writing a legal contract on my own with no outside help is not only difficult it is somewhat scary. Have I dotted all the I’s and crossed all the T’s? Are my clauses in fact legal? The amount of added time it takes to ensure I am correctly following guidelines usually isn’t worth the minor expense of using an expert.

Here are a few things to keep in mind if you are writing your own contract. Remember: this isn’t legal advice coming from your attorney, it’s just some tips I’ve picked up over the years. With that in mind here is my list:

• A contract is an agreement between two or more parties
• A contract should spell out all of the obligations of the parties
• A contract should cover the expected time frame for parties to fulfill their obligations
• A contract should explain the desired compensation for obligations
• A contract should limit the liabilities of the involved parties
• A contract should clearly define the risks ensued by involved parties

As an independent contractor, I feel it makes sense to stick to my area of expertise and to rely on other experts when it comes to writing contracts.

Protecting Your Intellectual Property – Tips for IT Developers

Intellectual property, or “IP“, is the heart and soul of the tech field.

• How do you protect your intellectual property?
• Do I need to protect myself?

These are two of the most important questions you can ask yourself.

Keep Detailed Records
It is important to take an inventory of your assets. Find all of the software, instruction manuals, promotional materials, published material and web content you have produced. Once you have accounted for all of your content, make sure to date it all. There are time limits on protecting yourself from suspected copycats. These time limits are usually five to six years, depending on the type of content you are defending. That is why it is important to protect your content before the fact and also why it is important to keep track of publication dates.

File for Appropriate Copyrights, Trademarks, etc.
Once you have all of your content dated, it is important to file the appropriate claims: copyright, trademark, trade secret, etc. To start this process it is important to use the appropriate legal forms.

Once you have filed and received confirmation that your content is protected, it becomes important to keep meticulous records. Develop your own recordkeeping system to track your content and make periodic updates to both your records and filings whenever you add new content or update your existing content.