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TechBiz Legal > Blog

Copyright On Photographs

There has been a lot of buzz about the Obama image titled ‘Hope ‘ designed by Shepard Fairey, a Los-Angeles based street artistbased on a photograph taken by Manny Garcia while working on a contract basis  for the Associated Press. So since it was taken by the photographer while being employed by someone, it will be considered a work for hire and the employer owns the copyright to the photograph, unless the photographer specifically retained the copyrights in writing or the employed assigned the rights over to the photographer. In this case Garcia had no problem with Fairey using the photograph but the copyright owner,...

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I Want To Start a Company, What Should I Do?

You are all set to put your idea into reality, that is, start a business. Welcome to the world of startups. Here is a checklist of the things that need to be done both from the business and legal perspective. These become particularly important when funding is sought and due diligence is conducted. Not having a business and legal things set in place will become a hurdle to getting funding, going public or end up with legal compliance issues. Determine Viability You have a startup business idea and you think it is really good, but before you get carried away, step out...

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Gist of an Advisor Agreement

I was recently reviewing an advisors agreement (an agreement between the company and its advisor) in which I found several glaring inconsistencies and issues. It got me thinking more about the need for this agreement and the important points that need to be present. When a startup is formed, advisors are invited to be part of the company for a certain period of time. The advisors provide their time, resources and valuable input due to their experience and connections to help grow the company and its vision. They agree to be part of the advisory team because it throws a spotlight...

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In Which State Should a Business Be Incorporated?

The facts, the type of business and the long-term goals have to be taken into consideration before deciding where to incorporate the legal entity of a business. Home State ( a state where the business is physically situated): If the business is a local business, solely restricted to the state where it is situated, needs an entity to create a legal shield and protect the personal assets of the business owner(s), has one or few associates, does not plan to seek outside funding or issue stock to the public, then incorporating in the state where the business is located is a good...

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Reasons to Incorporate a Business

Incorporating a business takes time, effort and money. There is an additional ongoing filing of legal and tax paperwork and the associated costs. Having stated the above, it is still a good idea to incorporate a business, when an entrepreneur has a business idea is in the stage of making it viable and wants to take it to the next stage, it is a good idea to incorporate. Some of the reasons are stated below. Shield from legal Liability: By incorporating, the business owner or founders shield themselves from legal liability. A corporate veil is created and the personal assets of the founders...

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Steps to Set Up a Non-profit Corporation in California

Here are the basic steps that need to be followed to set up a nonprofit, assuming that the organization does not have any assets, is not leasing any property and does not receive more than $25,000 in gross receipts in a year. Reserve name for the nonprofit corporation with the Secretary of State of California and after receiving the reserved name need to file the Articles of incorporation within 60 days, otherwise, need to send in another application to reserve the name. File the Articles of incorporation (4 copies) for the nonprofit corporation along with a cover letter and check of $30.00...

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Held Ransom By a Malware: Ransomware

Have computers replaced human beings? In a sense yes, because humans now have a dual persona — in person and online. Our online activities are on par with our in-person activities. Human beings were physically kidnapped and held hostage and for their release, ‘X’ number amount of money was demanded. More and more people store their personal and confidential information on their hard drive and our computers are locked up or the data files get encrypted by malware due to which these files cannot be accessed. This is done by criminals who covertly install malware into the user's computer which encrypts...

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Data Breaches — Insider Job?

All organizations collect, store and share personal or other business data and this data has to be protected through secure measures. Majority of the data breaches are due to employees who have immediate access to the internal records and  confidential data in an organization. They are the weak link and could play a major role behind confidential data breaches being privy to all the sensitive information and could be a threat in the company. The employee could have malicious intentions or just be negligent, either way the breach becomes an insider job. Employees have to be vetted, trained and educated...

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Copyright on Photographs Part II

In the case of Perfect 10 v. Google/ Amazon, it was ruled that thumbnail-sized photos (such as those used in Google Image Search results) was not infringing because under the fair-use criteria, the small photo does not have an effect on the potential market or value of the copyrighted work. Similar result was reached in the case of Kelly v. Arriba Soft Corporation and the court held that defendants’’ use of plaintiff’s images as thumbnails in its search engine is a fair use. In terms of display of a copyrighted photograph on the web, one would have to use all of the four factors of...

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Copyright On Photographs–Part I

In 2009 there was a lot of buzz about the Obama image titled 'Hope ' designed by Shepard Fairey, a Los-Angeles based street artist based on a photograph taken by Manny Garcia while working on a contract basis for the Associated Press (AP). Since it was taken by the photographer/Garcia while being employed by someone/AP, it will be considered a work for hire and the employer owns the copyright to the photograph, unless the photographer specifically retained the copyright in writing or the employer assigned the rights over to the photographer. In that case Garcia had no problem with Fairey using the photograph...

Continue reading