WHO OWNS THE COPYRIGHT IN WORK CREATED BY A CONTRACTOR? A trap for the unwary

It’s really basic: ownership of the copyright in work a business pays for can often be critical for successful commercialization of that work. Unfortunately, the U.S. Copyright Act contains arcane provisions that will often [...]

By William S. Galkin, Esq. | January 25, 2017
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Categories: General

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SAAS LICENSES - Key provisions for vendor agreements

Software continues to move to the cloud. This trend is not likely to abate for many years to come. When you decide to offer your software product as a Software as a Service (SaaS) offering, here are some key issues to consider [...]

LEGALITY OF DATA SCRAPING

Many start up online businesses need data to get things rolling, and the legality of data scraping is an issue to be evaluated. For instance, HiringSolved is a site that allows users to search their database of millions of [...]

By William S. Galkin, Esq. | March 18, 2015
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Categories: internet law

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LOSING IMMUNITY FOR ONLINE POSTINGS - How not to manage user-generated content

It is well known that sites that post reviews, even reviews that constitute clear defamation, are generally immune from liability. They have the Communications Decency Act (CDA) to thank for that. So, a notorious site like [...]

BEWARE OF THE UNSOLICITED IDEA - Strategies for avoiding risk

 Businesses often receive through various channels unsolicited ideas for products and services. These  ideas may come from customers, partners or other third party interactions. The risk is that the idea resembles a product or [...]

ONLINE REVIEWS - Pitfalls for positive and negative reviews

 Positive online reviews can be great, and for some, critical, for their business. Negative reviews can be very harmful and sometimes devastating. Therefore, unfortunately, there is a great temptation for some parties to tamper [...]

Trade Secret Protection - Simple but critical

 Trade secret protection is the simplest intellectual property protection to obtain. Whereas patents, copyrights and trademarks require federal registration in order to enjoy strong protection, trade secret protection does not. [...]

Website Mimics - It’s an uphill battle to own a website’s “look”

 It’s a common issue. A new website is being created, and the developer likes the design of the competitor’s website. We all (hopefully) know that trademarks, logos, images and text are proprietary and cannot be copied. What [...]

By William S. Galkin, Esq. | December 18, 2014
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Categories: General

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Data Due Diligence - Data problems can kill an acquisition

 

By William S. Galkin, Esq. | December 13, 2014
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Categories: General

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Independent Contractor Redux - Make sure you own the IP!

This topic has been discussed often, but remains too often misunderstood, and the consequences of misunderstanding it are dire. So here we go.

By William S. Galkin, Esq. | December 12, 2014
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Categories: General

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