Tag Archives: Chicago Copyright Lawyer

Change Management Protocols and Drafting Good Master Technology Service Agreements!

How do you draft a good Master Technology Service Agreement?  What do you consider?  What is reasonable? What is foreseeable?  What is too remote? How do you respond to an Evidence Preservation Letter? What is your clients’ doom and gloom fears?  These are all things that all technology and information technology consultants and teams have to consider and make good decisions on.  Without having a good team of professionals that can identify the areas of risk for the clients, the method and means of exploiting known or identified vulnerabilities, and creating a prompt data security protection protocol you may end up losing out from a change in ISPs or IT vendors.

Having good change management procedures is vital to the success of your clients and to protect them from many would be competitors looking to acquire your clients’ knowledge, trade secrets and intellectual property.  A good first step for protecting your clients is using good provisions in your Master Technology Service Agreements that all vendors have to comply with to ensure that the proper procedures are followed to ensure that key personnel, key clients, key vulnerabilities, key consultants and key terms and caveats are negotiated and drafted to protect against reasonably anticipated problems.

The Master TSA allows for a method of interjecting vital controls that can be adapted to the needs of the clients–sometimes all that is needed is a wise and seasoned Chief Technology Officer (“CTO”).  Other times–key schedules and predefined procedures to follow for implement changes in information technology services or hardware.  Sometimes good limitations on damages, warranties and representations and third party indemnification provisions are required to ensure that your clients are protected from potential errors in the change management procedures.

Finally, having good enforcement and corrective actions predefined and provided for in the Master TSA will save you a lot of headaches down the line–including delays based on the need for board or shareholder’s approval, manager or member’s approval, or similar delays that may be required in following corporate formalities.  Sometimes a rigid adherence to corporate formalities can allow a problem to become bigger over time and based on delays–it is generally advisable to deal with these types of data security problems sooner rather than later.

For more go to: http://www.bipeblawg.com, http://www.vrplawgroup.com, http://www.eebrunchclub.com

Copyright Protection: The Lesser Known and less Attractive Form of Intellectual Property Protection!

Clients often, ignore the need to copyright their creative content, because of a perceived deficiency in the type of protection it offers.  There is a tendency to believe that Copyright is a very soft form of protection that would not allow the holder to actually license or make the funds that it needs to acquire, police and enforce the copyright.  This is not entirely new news to most intellectual property attorneys or cyber-lawyers.

However, Copyright protection is actually a very good form of protection for creative content and relatively inexpensive to acquire.  The filing fees for most applications are less than $35-65 per application.  Moreover, the legal fees vary, but for most simple applications for routine online creative content or works the legal fees are between $500-$1500.   The more complex the work or the sophisticated the works and the larger the size or volume of the electronic deposit–the more expensive the copyright application.  

We recommend creating copyright portfolios that allow you to build a library of protected works based on creative content for blogs, websites, user interfaces, mobile applications, drawings, figures, schematics, photographs, videos, songs, and a variety of other creative content that helps your online business succeed.  Most importantly, the Copyright Portfolio is easy to maintain and has an extremely long duration for protection of the Works or Content.  

It is vital to the success of follow through works or creations in the form of producing derivative works or content in other mediums of distribution.  The greater the number of copyrights in your copyright portfolio–the easier it is to find ways to monetize it and develop monitoring and enforcement policies by tracking subscribers, visitors, users, and clicks or event analytics information. Sending a quick DMCA Take Down Notice and a cease and desist letter and often, acquire statutory fees and legal fees.   

For more go to http://www.vrplawgroup.com, http://www.iptrialattorney.com, http://www.eebcbrunchclub.com, and http://www.chicagobusinesscounsel.com

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Copyright Infringement Lawsuits-Defense of Infringement, Declaratory Judgments, and Recovery of Legal Expenses and Fees!

In defending against the Copyright Infringement Lawsuit, many times the ability of the defendant or plaintiff in a declaratory judgment action plays a significant role in protecting and preventing copyright trolls and frivolous infringement claims.  The enactment of the Digital … Continue reading

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New E-Book for Entrepreneurs: A Guide for Entrepreneurs and Business Owners!

We recommend a new book that has been published relating to a Beginner’s Series of Guides for Entrepreneurs relating to acquisition of angel, capital, funds, seed or VC funding for undertaking new efforts to try out and test out the … Continue reading

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Fourth Chicago Based IPO to over a Billion in Valuation! Are Startup and Tech Deals Coming back to Chicago?

Following in the success of LinkedIn, Groupon, Envestment’s IPOs, the Chicago startup, GrubHub went public on April 4, 2014, with shares soaring to over $40 dollars a share well above their $26 dollars per share Initial Public Offering (“IPO”) price.  The New Company was formed through a merger between Chicago based “GrubHub” and New York based “Seamless.”  Will the surge in IPO’s for tech companies continue?  Is there real value there for investors?  Many experts expect the shares to do fairly well, as the initial expected offering rose from the range of $20-$22 per share, all the way up to $26 per share late Thursday night before the Friday morning offering.

The IPO is great for GrubHub, but more importantly, the Chicago Startup community at large.  Chicago is beginning to build a reputation in recent years for its successful tech companies with even better IPOs.  GrubHub is the third recent, Chicago based Tech Company, to have an IPO valuation of over a billion dollars, nearly, $3 billion.  Groupon, the digital coupon and bargains merchant went public in 2011, and is currently, valued at $5.4 billion dollars.  While, a lesser known IPO for Envestnet, a local tech startup that produces software for financial advisors has led to a current valuation of $1.35 billion dollars.

All this success helps aids in Chicago’s current effort to rebrand the City as a Startup and Entrepreneurship HUB.  An effort shared by President Obama, who awarded Chicago, a coveted federally funded high tech hub on February 25th of this year.  Hopefully, this will continue to keep Chicago on the map as not only, a distribution network for products and commodities, but also a thriving City for innovation.  Does this mean more deal and intellectual property work for lawyers? Certainly, seems so as Entrepreneurs are starting to find success and providing a return on investment to Angels, VCs, Private Investors and public shareholders!

The City of Chicago received a total of $70 million for a Pentagon-led institute that focused on high-tech digital manufacturing and design.   The Startup Community in Chicago is flourishing, and there’s no better place or time for individuals with a dream and an idea, to start looking to make them into a real business.  If you or someone you know has an amazing idea for a startup business and is looking for investors, look no further than the Entrepreneurs and Executives Bruch Club’s Startup Competition (EEBC-It’s Just Brunch!).

At the EEBC’s 2014 Spring Competition, Startups were presented with the chance to pitch their businesses to actual equity and angle investors.  During the March 2014 Competition $2,000.00 in actual seed money was awarded to the top three teams by the EEBC-It’s Just Brunch!  See the Winners:  EEBC Its Just Brunch Spring 2014 Competition Winners Final

Meet the Panelists and Investors:  EEBC Startup Competition Special Thanks to Panelists_Final Proof_032514

The next EEBC Quarterly Competition takes place in June 2014 and the EEBC is currently, looking for qualified teams to compete.

Visit http://eebrunchclub.com/ for more information, http://www.chicagostartupattorney.com, or go to www.vrplawgroup.com

Copyright Litigation and Defending Against Copyright Infringement Claims!

So, you have been sued for copyright infringement, because you downloaded content from a website, blog, google scholar, or another source for your creative Work Product.  Whether, you are talking about written articles, e-books, blog posts, videos, photographs, website architecture and content (Collectively “Works”), many of the issues from a copyright infringement perspective are the same.  Many individuals make the mistake of thinking that because something is published on the internet that it is part of the Public Domain, and can be used by anyone.  Quite simply, this is incorrect.  Just because a Work is available or publicly accessible does not mean that it is not subject to a valid Copyright. You must still review it to determine if, the Work is copyrighted and if, you are using it in violation of the owner or author’s Copyrights.

First, you should look for a Copyright notice.  Second, you should check the U.S. Copyright Office’s records.  Third, you should determine how much of the Copyrighted Work you are actually using in creating your own Work.  If the amount that you have appropriated is covered by the Copyright Registration, then you may very well still be liable for Copyright Infringement.   If the material is covered by a Copyright you should review your own Work to see if, it is substantially similar to the original Work covered by the Copyright Registration.  If your Work is substantially similar or uses the heart of the original Work, then you should check to see if, your Work qualifies for a defense or exception from infringement.

To determine if, your Work qualifies for an exception or defenses from infringement you need to compare your Work to the Original Work and see if, there is an applicable Fair Use, Parody, Innocent Infringer, or DMCA Safe Harbor defense.  If not, then you may be liable for Copyright Infringement, which can be substantial and ongoing source of liability.  Damages in a Copyright Infringement case can include statutory fees, attorneys’ fees, lost profits and/or reasonable royalties for the life of the Copyright or the author’s life plus seventy years.  So, before you go to a website and copy a Work and expose yourself to a Copyright Infringement, Inducing Infringement, Contributory Infringement, Vicarious Infringement, or a Digital Millennium Copyright Infringement claim, consider investigating whether the Work is Copyrighted.

If you have any concerns or questions about enforcing your copyrights or defending against copyright infringement claims, then please feel free to contact our Copyright Attorneys or see our website at: http://www.vrplawgroup.com