If An Online Photo Does Not Have a © or a Watermark, Can I Use It?

CMRS Law Common Questions, Copyright

Probably not.  There is a common misconception that if a photograph does not have the little ©, or some sort of watermark designating the picture as belonging to someone else, it is not protected by copyright law and is free for the taking.  That is simply not true.  Copyright protection attaches the moment an author fixes a form of creative expression …

Who is Liable for Infringing Media on My Website: Me or My Web Designer?

CMRS Law Copyright, Internet Law

Both of you can be held liable.  As the end user that financially benefits from your website and because you have the ability to direct and supervise your web designer, you are liable for any copyright infringement committed by your web designer.  This is true whether or not you or your web designer actually knew that he or she infringed …

Does Your Employee Own Your Company’s Social Media Account?

CMRS Law Employment Law

Who owns your company’s social media account? Does it belong to your business or the employee who created the account to promote your business? Absent a social media policy, the answer is not always clear and can result in costly litigation. Ownership of the account has huge implications regarding who can access the account. If an employer takes over an …

What do I do if Another Business is Using My Business’s Name?

CMRS Law Trademark

No company wants to lose business to a competitor using a name similar to its own.  Such a use can cause confusion among your customers and wrongfully associate your business with an inferior product.  What should you do when this happens and how do you prevent it from happening? When Another Business is Using Your Name The first thing you …

Patent, Trademark, or Copyright: Which Does Your Business Need?

CMRS Law Copyright, Trademark

Wondering whether your business needs a copyright, a patent, or a trademark?  Unsure as to which one you need?  Don’t worry, you’re not the first.  The type of intellectual property protection your business needs depends upon the subject matter you are trying to protect.  To ensure you are completely protected, it is important that you know what type of protection …

Six Essential Agreements Your Business Needs to Protect Its Intellectual Property

CMRS Law Confidentiality and Nondisclosure Agreement, Contracts

Whether you’re a start-up business or an existing business, protecting your intellectual property is vital.  Intellectual property includes your trade secrets, customer lists, recipes, inventions, and much more.  If your business is not using all of the six agreements described below, your intellectual property may be at risk of exposure or theft. (1) Non-Disclosure and Trade Secret Protection Agreements This …