Legal Question in Intellectual Property in California

I need to know more about how your business operates, as multiple copyright issues could arise. The following in a short overview on the issues.

Generally an author of something in writing is automatically a copyright holder of that work. If someone copies it then that person is violating copyright. If your online service has employee's who will assist in writing through their status as an employee, the business will own the copyrighted work. However, if these writers are independent contractors, they keep the copyright ownership to the work so you have to make sure that you obtain a written agreement where they assign the copyright to you.

If these employees or independent contractor violated someone's copyright, you could be on the hook also. To limit your liability, you will want to obtain a warranty from them that the work does not violate copyright law and indemnify you if it does. Generally, in a web page business you can include these kinds of agreement as part of a sign-in processes or in the EULA.

Feel free to contact me or an intellectual property attorney in your area for further assistance.

Jim Caballero Betinol

Partner, Attorney

Withrow & Betinol Law

P: 424.229.2560

F: 424.258.7001

email: [email protected]

website: wibelaw.com

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.

You will want to use several of the publishing/author agreements that embrace many of the protections you would want. One of several issues you should be concerned with the the foreseeable reliance upon the content/writings that the reader will experience. With the right legal documents, you should be fine...questions?

By Grace...

Shawn Jackson ESQ. (707) 584-4529

Business Development Attorney

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In addition to the advice already received, I suggest in addition that you do business as a corporation or LLC and obtain insurance pursuant to a business insurance broker or agent's recommendations.