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Anyone familiar with software development knows that some of the most important software development tools are based on open source licenses that, generally speaking, allow anyone to copy and reuse the software for their own purposes. These include everything from fundamental programming languages like python and php, all linux-based operating systems, and even software development tools for int...

Forum Community Guidelines are important to include as part of your website's terms if you have a website with a message board or other method of user interaction. Community Guidelines are are not the same kind of contractual agreement as Terms and Conditions (aka: Terms of Use, Terms of Service), which most websites require users to agree to in order to have access to the website’s interactive f...

The California Consumer Privacy Act ("CCPA"), Cal. Civ. Code § 1798.100, is set to take effect on January 1, 2020 and aims to enhance California's consumer privacy rights. With most businesses collecting some sort of Personal Data from consumers, it is important to consider whether the CCPA's new provisions apply your business - and, if they do - what steps you need to take for compliance. Who...

The short answer is, “yeah . . . probably.” While it is true that copyright protection begins the moment a work is “fixed in a tangible medium,” the Supreme Court ruled earlier this year in Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC that a copyright holder cannot file suit to enforce their rights under the Copyright Act until a completed certificate of registration is r...

In this podcast, social media influencers and celebrities will learn: What rights do third parties and pseudo news websites have to use or embed influencer photographs into their stories and posts?Is it really 'fair use' to embed an influencer photograph into a news or click-bait story?How to force third party websites to license your instagram or other pic as a copyright protected work.Why copy...

In today’s world, every company needs a website for customers to visit, interact with, and sometimes purchase products from.  Most companies will need to bring in outside help to develop the website. Website Development Agreements facilitate the relationship between company and web development team before the site-building project begins.  This will keep the development running smoothly by comm...

General Counsel - including Fractional General Counsel - serve a vital role in protecting and enhancing the value of a company. This is particularly true in the realm of intellectual property, the entire existence of which is largely dependent upon its legal protection and enforcement. General Counsel is equipped to handle the immense value of IP, whether in day-to-day business or when a conflict ar...

An Affiliate Agreement sets out the terms of a working relationship between a company and another entity (the affiliate), through which the company rewards the affiliate for its performance of specific, agreed-upon actions. Affiliate Agreements, which are comparable to Influencer Contracts, have gained prevalence with the rise of the internet and social media, as they allow companies to make arrange...