Dec
09

Considerate Contracts

While it may seem like a simple question, sometimes its worth reviewing just the same – when is a contract a contract? General speaking it is when two or more parties exchange mutual promises. Often the determining factor is whether the mutual promises of the parties are supported by consideration. Consideration involves the giving of … Continue reading »

Jul
19

Ringtone Copyright Royalty Rates

“Answer the phone, answer the phone” – that’s what my cell phone screams in the voice of my daughter whenever someone tries to reach me. I recorded it a while back and it amuses me and everyone around me every time it plays. What happens, however, when you record someone else’s creative work as your … Continue reading »

May
04

Does theTwitter ToS dedicate everything you post to public domain?? – NO!

I use to say that it was a myth that if it was on the Internet it was free to use. While still a myth, photojournalist Daniel Morela may have reason to question whether this in fact still true. Morla was recently sued by Agence France Presse (AFP) for “antagonistic assertion of rights” for accusing … Continue reading »

Apr
29

Who can Sue when a Freelancer is Discriminated Against?

Freelancers take note: Under Minnesota Law if you have formed an LLC or other business entity and you experience discrimination at the hands of one of your clients, as an individual you cannot make a claim under Minnesota’s Human Rights Act (Minn. Stat. § 363A.17 (2008)), which authorizes parties to a business contract to sue … Continue reading »

Mar
24

Audit & Record Keeping Provisions

Whether you have partners, or are contracting for royalties from another party, one of the most common provisions in any licensing & partnership contracts is one that provides a means and method of keeping financial records of the project or business. The exact language will differ slightly depending on the specifics of your circumstances, but … Continue reading »

Jan
30

Forum Selection in Creative Commons Licenses

Users of Creative Common’s licenses beware! Chang v. Virgin Mobile USA, LLC 2009 WL 111570 (N.D.Tex. January 16, 2009) Texas plaintiffs posted a photo to a popular picture sharing website using a Creative Commons licenses. The photo was then down loaded by an Australian company who used the photo inconsistent with the Creative Commons 2.o … Continue reading »

Oct
30

Liability for Withholding Passwords

Update (6/8/10): Terry Childs was found guilty of one felony count of denying computer services. Does your company have a clear policy concerning who may receive admin passwords? The city of San Francisco apparently has some problems in this area. Terry Childs IT manager Terry Childs was arrested earlier this year for refusing to provide … Continue reading »

Sep
26

Jacobsen v. Katzer – Open Source infringment

In August, the Court of Appeals for the Federal Circuit issued a ruling (Jacobsen v. Katzer) that has been widely discussed as acknowledging the rights of developers of open source software. This opinion, while not necessarily binding in Minnesota, is helpful in illustrating important issues that relate not only to open-source software licensing and development … Continue reading »

May
27

Morals Clause

What does a “morals clause do? Morality The basic idea is simple – if you are in the public eye and you do something stupid and doing that stupid thing makes the purpose of the contract frustrated, then the other party can say I’m canceling the deal. For example, lets say the Queen of England … Continue reading »

May
22

Non-compete is based on customers, not location.

While worker non-competes have are generally construed against the employer, the standard of enforceability in the sale of a business in more liberally interpreted in favor of the party seeking to enforce, as it is focused on whether the restriction is reasonable to protect the goodwill of the business that was sold. When selling his … Continue reading »