The conversation I had with the attorney was informative and straight to the point despite being a bankruptcy lawyer. Qn 1: If I lose inspiration and go online and use someone else’s design, more than I intended to. Will I be safe from a lawsuit if I changed it enough so it isn’t exactly the same? What recourse do I have if the roles are reversed, if my work is the work being stolen? Ans: You’ll be running a risk of some type of liability. It will depend on the changes that were made. People sue others for incorporating their copyrighted work. They exercise the right to use the courts to go after them. “A copyright consists of a bundle of rights held by the author or developer of an original work of authorship.” NOLO Patent, Copyright & Trademark: Part 2 – Page 219-221. 2: If I’m asked to sign a non-disclosure agreement. Can I use the skills that I developed in the company to earn money through freelance work? Ans: It’s going to depend on your non-disclosure or non compete. “A non-disclosure agreement (NDA), also known as a confidentiality agreement, is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to by third parties.” – Wikipedia. “A non-compete clause or covenant not to compete (CNC), is a term used in contract law under which one party (usually an employee) agrees not to pursue a similar profession or trade in competition against another party (usually the employer).” – Wikipedia. Sometimes the agreement’s written so broadly. The courts may come in and change that in favor of employee. 3: As a designer working for an employer, can part of a design from that company be considered a trade secret that I’m prohibited from using any work that’s not solicited within the firm? Ans: Yes, someone could consider that a trades secret and could be patented. “ A patent is the right provide by the government that allows an inventor to prevent others from manufacturing, selling, or using the patent owner’s invention.” NOLO Patent, Copyright & Trademark: Page 96. 4. If I come up with an original idea during employment with a company, who owns the rights to it, the company or myself? Is there any way I can make it my own to sell to others? Ans: In general, the company is the owner. Unless you sign an agreement to clearly specify it as the inventor either before or after the creation. “An inventor is a person who contributes significant creative input into an invention. NOLO Patent, Copyright & Trademark: Page 80. 5. How much do you charge to read a contract and advise/interpret? Ans: Most attorneys do it by the hour, i.e. $200, depending on length of the contract. 6. A If a company give you a design and you didn’t know it was inspired by another company, can you still be sued? Ans: Yes, you could be liable. With intent is violating the author’s rights. “An author of a work of expression subject to copyright protection is the person who creates the work.” NOLO Patent, Copyright & Trademark: Part 2 - Page 204. Everybody involved in the work in included in the lawsuit. 7. If there’s an ownership of idea in a contract, what types of word or clauses are to look for? Ans: Legal term like; confidential information, proprietary, trade secrets and works of a trade. “A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers. – Wikipedia. 8. What is the best response to a non-compete disclosure contract? Ans: If you aren’t familiar with it, have an attorney look at it. 9. In a series of invention, do you copyright individually or as a series? Ans: It’s safe to jump on the complete series. 10. What is the average price to keep an attorney on retainer? Ans: It depends on the scope of work to be done and agreements can vary so much. “A retainer is a contract in which a client pays for work to be specified later.” – Wikipedia.
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