How to Write a Copyright Notice
Wondering whether you need a copyright notice and if so, where to put it...? No need to fret. We got you covered.
Quick refresher: a “copyright” is the original creator of a work’s exclusive right to reproduce and distribute that work.
For purposes of copyright protection, a “work” can be a photo, article, drawing, painting, course, book, music, video, software, advertising, map, choreography, or other type of creative work.
If you are the original creator of the work, you will automatically have copyright protection as soon as you publish it or put it out into the world for others to see.
Although copyright notices are not generally required to protect your copyrighted work, copyright notices put others on notice of your rights to your work.
We recommend that you put copyright notices on or near your work no matter what. That way, you’ll have more proof that others are on notice that they can distribute your work without proper credit and permission.
So…how do you do it?! It’s not difficult, just follow the below formula:
© + Year Work Created + Your Name or Business Name. + All Rights Reserved.
Example:
© 2021 Iluma Law Firm, PLLC. All Rights Reserved.
Here are a few examples of where to place your copyright notices:
In the footer of your website.
At the end of an article you wrote.
At the beginning of a book you wrote.
In the description or credits of a video you created.
On each page of any worksheets or content you created.
In the footer of any emails you send out to your email list.
Have questions about trademarks and copyrights? We have answers!
Disclaimer: This information is provided for general information purposes only and should not be construed as legal advice with respect to any matter. This information is not intended to be an exhaustive list of the topics discussed. It does not create an attorney-client relationship and should not be used as a substitute for legal advice in any specific situation.
© 2021 Iluma Law Firm, PLLC. All rights reserved.
3 Reasons You Should Register Your Copyright
Copyrights protect your exclusive right to distribute your “work.”
For purposes of copyright protection, a “work” can be a photograph, article, drawing, book, music, artistic work, video or film, software, map, choreography, etc.
Although merely creating a work will entitle you to copyright protection, registering your copyright provides more protection for your creative work, including:
Evidence and record of ownership.
Registering your copyright is evidence you own it and your copyright is valid.
Allows you to sue for copyright infringement.
You can only file a lawsuit for copyright infringement against someone who is distributing or using it without permission if you have registered your copyright.
Allows you to recover statutory damages and attorneys’ fees.
Once you’ve registered your copyright, you can sue the infringing party for statutory damages and attorneys’ fees.
Trying to get your legal in place but want some guidance along the way? We conduct full legal audits for companies. Book your free consult today to discuss your options.
Disclaimer: This information is provided for general information purposes only and should not be construed as legal advice with respect to any matter. This information is not intended to be an exhaustive list of the topics discussed. It does not create an attorney-client relationship and should not be used as a substitute for legal advice in any specific situation.
© 2021 Iluma Law Firm, PLLC. All rights reserved.
5 Things You Need to Do Today to Start Getting Legal Off Your List
Thinking about legal for your company can be a headache, and the thought of all the things you need to do legally can be paralyzing. However, you must have basic legal protections in place to protect your business and brand. The sooner you do this, the more protection your company will have.
So…I’ve compiled a list of the five things you can start doing today to get a jump on getting your legal done:
Make sure you have the proper business entity.
Weigh the pros and cons of each type of business entity and determine which one is right for you. Once you’ve done that, register that business entity with your state, and don’t forget, you will need an operating agreement (if you register an LLC or partnership), and bylaws (if you register a corporation).
Make sure you have a client contract that’s clear, easy to understand, and specific.
You should specifically spell out the work to be performed or goods to be provided in the contract and state that any additional goods or services are not included and will need to be agreed upon in another contract. You also need specific payment, cancellation, and refund terms.
Start coming up with a strategy for your intellectual property.
Put copyright notices on your content. Consider trademarking your brand name, course name, or any other elements that identify your business or products.
Make sure you have the proper website disclosures.
If you collect data from visitors on your website, you need a GDPR compliant privacy policy and a cookies banner that explain your data collection practices and cookie usage.
Get business insurance.
Depending on your coverage and limits, your business insurance will generally pay for any damages you have to pay in a lawsuit, and it will pay for your attorneys’ fees.
Trying to get your legal in place but want more legal guidance along the way? We conduct full legal audits for companies. Book a free consult today to discuss your options.
Disclaimer: This information is provided for general information purposes only and should not be construed as legal advice with respect to any matter. This information is not intended to be an exhaustive list of the topics discussed. It does not create an attorney-client relationship and should not be used as a substitute for legal advice in any specific situation.
© 2021 Iluma Law Firm, PLLC. All rights reserved.
Hosting an online event? Here’s how to make sure your business is covered.
Here’s what you need to avoid ghosting speakers, chargebacks, and clients sharing your content without permission:
Guest Speaker Contract:
If you are having a guest speaker, you should have a contract that basically explains the who, what, when, where, and how of the speaking engagement.
Make sure to explain who will be speaking, how long the speaker is going to speak, what the speaker will be speaking about, whether the speaker will be paid (and if so, how), when the speaker will be speaking, whether the parties can cancel the agreement (and if so, how and when they can do this), who owns the rights to what intellectual property, and what damages can be recovered if the speaker fails to show up for the event.
Terms and Conditions:
Your Terms and Conditions are essentially your rules for attendees. They should be specific and include:
Payment terms
Cancellation and refund policies
Intellectual property agreements that outline how attendees can and can’t use or distribute content from your event
A disclosure letting attendees know if the program is going to be recorded and whether their photos or comments are going to be used at a later date
Anti-cyberbullying /derogatory comments policy letting attendees know what types of comments are prohibited
Any applicable disclaimers
If applicable, a clause that gives you permission to use attendees’ photos or comments for promotional use
A checkbox that requires attendees to click that they have read, understand, and agree to your Terms and Conditions
Insurance:
A good general liability insurance policy will cover your business in the event it is sued as a result of any mishaps.
Sponsor Agreements:
If you are having any sponsors at your event, you should have contracts with your sponsors that explain how the sponsorship works, how content will be displayed and for how long, payment terms, cancellation terms, and explanation of who owns the copy and other intellectual property rights.
Disclaimer: This information is provided for general information purposes only and should not be construed as legal advice with respect to any matter. This information is not intended to be an exhaustive list of the topics discussed. It does not create an attorney-client relationship and should not be used as a substitute for legal advice in any specific situation.
© 2021 Iluma Law Firm, PLLC. All rights reserved.
10 Things Your Client Contract Needs
I know. It’s pretty much the last thing you want to think about with respect to your business: your client contract.
Is it effective? Does it have everything it needs? Does it effectively require my client to pay me? Will it legally protect me and my business? Will it even hold up in court?
Contracts are not the most fun thing to deal with in your business. Luckily, I have some pointers for you:
Most importantly, and you’ll hear me touch on this a lot, but your client contract must be clear and easy to understand. If you or your client can’t understand the contract, it will be difficult to determine what the contract means, which will make it more likely that a court will have to decide.
To be effective, your contract must be signed at least by your client, but preferably by both your client and a company representative who is authorized to sign on behalf of your company.
You should specifically spell out the work to be performed or goods to be provided in the contract and state that any additional goods or services are not included and will need to be agreed upon in another contract.
You also need to specify the payment terms: how much the client is paying, when the client needs to pay, and whether any of that amount is refundable.
Just like payment terms, you also need to specify your cancellation terms and whether your client can get a refund. Specifying whether you or your client can cancel the contract, your refund policy, and what needs to be done to cancel or get a refund will save you headaches down the road.
Disclaimer: warns your clients of risks and helps limit your company’s liability with respect to those risks.
Intellectual Property Agreements: If applicable, specify who owns any content or other intellectual property and how that material can be used. For example, if you are a course creator, you want to make sure you have a clause in your contract stating you own the copyrights to your course material. It should also specifically state that your clients cannot distribute that material to others.
It’s also a good idea to specify where disputes over the contract occur. These are called choice of law provisions. Most businesses choose the state and county where their principal place of business is, but there are sometimes strategic reasons to choose a different place. You can also specify whether the parties must go to mediation or arbitration before filing a lawsuit.
Attorneys’ fees provisions: You can also specify who will have to pay attorneys’ fees in the event of a dispute between the parties. Most of the time, these provisions state that the party who loses the lawsuit has to pay the winning party’s attorneys’ fees. This usually discourages frivolous lawsuits as your client will have to pay your attorneys’ fees if you win in court.
Force majeure clauses: Specify what happens if a change of circumstances occurs that makes the contract extremely difficult or impossible to perform. Many companies who had these clauses in place at the outset of Covid-19 were able to cancel contracts they weren’t able to perform without penalty.
Wanting to refresh your contracts but don’t know where to start? Download the free guide explaining what contracts most online businesses need below or book a free consult today.
Disclaimer: This information is provided for general information purposes only and should not be construed as legal advice with respect to any matter. This information is not intended to be an exhaustive list of the topics discussed. It does not create an attorney-client relationship and should not be used as a substitute for legal advice in any specific situation.
© 2021 Iluma Law Firm, PLLC. All rights reserved.