Category: Arts Law

Yes, I’m Still Helping Creative Business Clients

It’s been a busy couple of years.  I’m still working with ACT, Inc. (You probably know ACT as the college testing company). I’m in the National Programs group and help create and manage large-scale collaborations. 

Every week I am asked if I’m still taking on legal work. Most of the time, I have to say “not that type” and refer the work out to other attorneys. But I do say “yes” to some projects.  Those projects tend to be trademark, copyright, and creative businesses that are doing something that interests me.  The trademark and copyright projects are usually handled project-by-project. But the creative business relationships (formation, consulting, contracts, etc.) are being limited to the clients who want to work on my year-long flat monthly fee basis.  

Feel free to email me if you have any questions or need to see if I’m available to help.

-Kevin E. Houchin, Esq.

kevin.houchin at houchinlaw.com

Trademark Infringement & Brand Launch

– Comments Welcome.

Get the free “No Lame Names” ebook by entering your email address at the right (Middle column, just under the video over there…). It’ll automatically redirect your browser to the PDF or start a download.

Have a great weekend.

Alchemy of Ideas

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Here’s a little video on the Alchemy of Ideas.  Hopefully this will shed some light on why Intellectual Property law does not care about your idea – only what you’ve DONE with your idea to bring it into the word and share it with the rest of us.

Granted, I still have a lot of improvement to make on the video technical – lighting, sound, visuals, etc.  Stick with me.  I hope to polish up the technical as quickly as I can.

Comments Welcome.

Joint Works (copyright)

No, we’re not talking about creativity that originates from prison.

Nor are we talking about helping a bud roll one.

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We’re talking about when at least two people work together on a creative project.

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Unfortunately, “inadvertent” joint authorship happens all the time.

Here’s the analysis:

1.  A work is “jointly authored” automatically upon its creation if:

1) two or more authors contributed material to the work; and

2) each of the authors prepared his or her contribution with the intention that it would be combined with the contributions of the other authors as part of a single unitary work.

2. Intent AT THE TIME THE WORK IS CREATED is the controlling factor.

3. The contributions do NOT have to be equal.

4. IN the ABSENCE of a Collaboration Agreement or agreement otherwise:

  • Joint authors have undivided interest in the ENTIRE WORK.  (that means even-Stephen for all the authors, even if they didn’t contribute equally.)
  • Each joint author has the right to exploit the copyright, without the other’s consent.
  • Each joint author has the right to license the joint work, without the other’s consent.
  • Each joint author has the right to transfer their share of the ownership without the other’s consent.
  • The ownership interest does NOT revert to the joint author upon one author’s death, it goes with the estate.
  • Both authors have a duty to account for profits – each joint author has to pay the other the appropriate share of profits.

So, what this means to you is that before entering into any collaborative creative project, you should create a “Collaboration Agreement” that irons out the details of the project and relationship.

A collaboration agreement should include at least:

  1. Description of the project
  2. What each person will contribute
  3. Ownership %
  4. Authorship credit
  5. Control of use – decision making

There are a bunch of other things your lawyer will help you with, but the things listed above are the key relationship issues to keep in mind and bring to the meeting with your attorney.

Please understand that I’m not saying “don’t collaborate” because collaborations can be incredibly powerful.  I’m saying get the deal in writing before you begin the work, even if you’re sure everything will be swell.

Things happen.

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Major Announcement! New FTC Toolkit and Site Compliant program – Webinar

As many of you know, the Federal Trade Commission (FTC) issued new rules relative to endorsements and testimonials.  Now, if you use endorsements and testimonials in your marketing (and every marketer worth their salt does) you could be fined thousands of dollars for “deceptive” advertising EVEN IF ALL YOUR TESTIMONIALS ARE ABSOLUTELY TRUE!

I’ll be leading a Webinar with my friend, marketing partner on this project, client, and internet marketing Guru, Joel Comm next Monday, November 9th at 6:00pm MOUNTAIN time. The Webinar is free, but space is limited. You can sign up HERE.

Again: sign up for the free Webniar Here.  Do it now.  Space will fill up quickly.

The new rules go into effect December 1, 2009.  Yes, in only a few weeks.  So are you ready?

Do you even know where to begin?

No?

I didn’t think so.

Well, don’t feel like the Lone Ranger. Most people don’t – and it’s not your fault because the new guidelines were just released a few weeks ago and they are subject to some different interpretations.

Joel and I will be discussing many of the implications of the new rules and introducing the project, product, and system that I’ve been working on almost non-stop ever since the new rules came out. Really, I’ve been dreaming about this stuff. Just ask my wife and friends – they’re sick of listening to me talk about this. Of course as a co-author of this product I’m hugely invested and probably a bit biased, but I’m convinced this is really going to help a lot of people quickly figure out what they need to do.

The product is a guide to the new rules we’re calling the FTC Toolkit. It is a thorough guide to the new rules including analysis, self-assessment checklists, sample disclosures, sample agreements, and sample policies. Incredible stuff here because I’ve not been working on this alone. I’ve assembled a team of lawyers, marketers, and communications professionals with over 75 years of combined experience in the relative material to develop the Toolkit.

We haven’t stopped there, because the FTC isn’t stopping there. These rules are going to evolve as the FTC starts enforcing the rules against people who don’t comply. So, people who purchase the FTC Toolkit will be able to join the Site Compliant(tm) program and receive ongoing updates to the Toolkit content and other timely information as the FTC begins enforcement.

And, we didn’t stop there. Members of the Site Compliant(tm) program will also be able to apply for and be able to use what we believe is the Internet’s first compliance “Trust Seal” that they will be able to proudly display on their site as a signal to consumers and to the FTC that they, as a member of the program, are taking a proactive and affirmative approach to being and remaining compliant.

This has taken a lot of work by a bunch of people over the last few weeks. If you were going to invest in this content from a lawyer on your own you would be need to budget at least $50,000 in legal fees, because my team has at least that much otherwise-billable time invested in this product.

Join us on the free Webinar to learn more. Again, that’s THIS MONDAY, November 9th at 6:00pm Mountain. Sign up HERE.

Remember to sign up NOW because space on the Webinar is limited.