Q:I believe that Readlists is now infringing on my copyrights by repackaging and republishing my Content from my site. I have asked them several times via email and twitter to takedown my content — to no avail. What are your thoughts on this?
Next step is probably having a local attorney prepare a cease and desist letter for you. (If you don’t know or can’t find a local attorney, check to see whether your city/county bar association has a lawyer referral service.)
Also, if you haven’t already done so, you might want to look into registering the copyright for the content you believe is being infringed.
Good luck!
Q:Hello, I have a problem. I freelanced for a small startup that my previous employer owned part of. My previous employer eventually bought out the startup and shut it down because it wasn't profitable. I am still owed 2 invoices from the work that I did for the startup. I have contacted my previous employer periodically asking them to send payment. Heard from them today that they'll be paying ONE of the invoices as final payment, no more. Didn't have a contract, wasn't much $. What should I do?
Contact a local attorney to discuss your options. In general, this situation calls for: (a) a demand letter from an attorney; and/or (b) a lawsuit… which could be in small claims court if the amount is low enough.
If you don’t know or can’t find a local attorney, try your local (city or county) bar association. They often have lawyer referral services, and sometimes provide low cost initial consults.
Good luck!
Q:Hi. I'm wondering if there can be/should be two contracts with a client? One that they supply to me, and one that I supply to them.
Generally speaking, no… unless they are for two separate projects… though that might still get weird.
However, it is standard practice (especially for ongoing relationships between a client and a service provider) to have something like a Master Services Agreement (MSA) that governs the relationship, with a Statement of Work (SOW) for each project. And oftentimes, with designers at least, the MSA comes from the client, with the SOW being put together by the designer.
Hope that helps.
Q:How much unpaid overtime should I tolerate before I quit?
Slaw,
If you’re entitled to overtime, i.e., not exempt, and you’re not getting it for your OT hours, you have rights… and you can pursue them without quitting. Contact a local employment lawyer.
Gabe
Q:i'm a designer who has been in practice nearly 5 years on my own after a long career in-house. i have a solid contract, but haven't worked with a lawyer yet and i'd like to start out by consulting, reviewing my contract, and going over the basics of how and when to involve them, maybe by using some past examples as questions. asking colleagues has only gotten me a few luke-warm referrals. do you have los angeles-based lawyers who work with designers that you'd recommend for a sole-proprietor?
Honestly, I don’t know anyone who fits the bill down in SoCal. If you find someone you like, please let me know.
Good luck!
Q:Do you recommend that your clients get errors and omissions (E&O) insurance? In your experience, have you found that it's easier/faster/better to settle cases when clients have E&O insurance?
YES and YES!
Side Note: Make sure it’s the right type of insurance for your business/work. Not all E&O policies are created equal, and there are lots of exclusions you can, and in some cases want to, “buy back.”
Find a good broker, provide him/her a lot of information about your business and work, and ask a lot of questions… For example: “Mr. Broker, see this here contract from BIG CO., and the warranty and indemnity sections in particular… Will my insurance cover claims by BIG CO under this thing?”
Good luck!
Gabe
Q:Can I legally name my company in Canada the same name as another company in the States, if they are in the same industry? What if I do business in the States?
Hi Zakkain,
If you offer similar goods or services, and if the existing company pays attention, I think you might run into some problems.
Gabe
Q:I'm thinking of incorporating as a one-man consultancy. Any gotchas/tips/advice/warnings?
Hopefully you have a good tax advisor. If not, you should find one… And keep good books! Never commingle funds from your personal accounts with the business accounts.
I’m guessing your in CA and will be incorporating in CA; so, you should know that the Secretary of State is running a significant backlog. You can pay extra for expedited processing; otherwise, you’re looking at anywhere between a few weeks and a few months before you’ll get your filed Articles of Inc. back and your corporation’s number… things you’ll need to get a bank account. So, if you ready to go operational, I’d suggest paying the expedite fee.
Good luck!
Q:Dear Gabe, I am an attorney in NYC and have recently started by own solo general civil practice. I have a lot of friends and family in the graphic design business (my brother is a huge fan of both you and Mike), mostly solo designers, and would really love to develop a solid practice advising them on both the business and IP aspects of design. I am having a hard time finding resources directed specifically at graphic designers and web designers... do you have any suggestions?
Don’t have any that I love. I usually stick with the standard IP and business treatises. I know there are a few “Internet Law” treatises out there too, but I haven’t spent much time with any of them. The AIGA website is actually a good place to sniff around. Congratulations, and good luck with the new practice!
