The Legal Essentials: Session 1 (Parul Das)
Session 1: Before You Mark It
Passcode: 0x+^uqAY
If you can't make it to our live sessions, please submit your questions using this Form.
Session 1 Links & Resources:
Entity Formation
This is the company I have used for the past few years and recommended for entity formation and registered agent services: Bizee
The first year of registered agent services are free when you use Bizee for your formation.
Intellectual Property Checklist (template)
You can use this template to start making a list of your Intellectual Property Assets with examples of how to protect the various types of IP.
Q&A's from Session 1 Chat:
Q: Do serve clients across the country?
A: The Legal Menu's workshops and contract templates are not state-specific. They can be used for business owners across the country. If there is a state issue that needs to be addressed, you should hire an attorney in your state for advice on that issue. The Das Law Firm provides trademark services, which is a federal matter, so the firm serves clients nationwide.
Q: Something to be aware of ‐ we used a company that serves our industry (it's a relatively cheap option) but now leaving them is very difficult especially because our logo was made through them. Could you talk a little about that?
A: This is one of the reasons why a work for hire clauses are so important in your contracts with third-party vendors, especially with graphic designers, marketing companies and web design firms. When hiring a third party to create a logo or marketing materials for you, it is important that all intellectual property rights remain in your possession. Some designers will ask to carve out an exception for them to get credit for your website, but that also needs to be in writing, with the appropriate limitations.
Q: No questions, but was interesting to hear that there are regulations for influencers to be compliant with. Never knew that.
A: The Federal Trade Commission (FTC) is the agency that regulates advertising. Many influencers don't realize that they are bound by these regulations, but it is becoming more and more common for the FTC to crack down on non-celebrity influencers, especially for not disclosing their financial relationship with a brand.
Q: Should influencers post "links commissionable" each time they link their amazon storefront or LTK app?
A: The short answer is in order to be completely compliant, yes. The long answer is in the The Legal Menu's Influencer Workshop, which gives many examples of real life posts and what is FTC compliant and what is not. The workshop also includes an FTC Disclosure template that Influencers can post on their blogs, use language in their captions, etc.
Q: Do businesses, like artists that sell their work, have similar regs to follow for their own brand? Example‐ if they’re working with another artist for a collab or a giveaway is there a particular hashtag to use?
A: If it is from the business account, then it is clear that the business is going to make money off of the collaboration. Typically, in a collaboration scenario, both businesses are helping bring awareness to the other and vice versa. You can just disclose that it is a collaboration. It is recommended to use a Collaboration Agreement before you actually collaborate and/or launch the collaboration goods / services.
Q: What about charities? I assume they will need to disclose that they worked with the artist for items to sell and will use the proceeds for donation.
A: The artist should maintain their intellectual property rights via written agreement, even when working with a nonprofit and/or charity. This should be in the terms of the agreement. Typically, a fundraiser would do better if they were highlighting the artist, so it seems odd to not include the artist's name, but if that happens, the contract between the two should address the marketing and providing a source identifier and appropriate credit to the artist.
Disclaimer
The Legal Menu™ is owned by The Legal Menu, LLC and is not a law firm or a lawyer. Nothing available for viewing or purchase on this website is legal advice and no attorney-client relationship is formed by purchasing or viewing any template, product, course, or resource available on this website. If you have a specific problem and need legal advice, contact a licensed attorney in your state. The Legal Menu receives monetary compensation through affiliate links in partnership with various brands. This communication may contain affiliate links, by which The Legal Menu, LLC earns commissions.
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