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Like trademarks, registration is not required to enjoy legal protection in a copyrightable work. A copyright is obtained automatically by the author as soon as some creative form of expression is fixed in a tangible medium. However, there are some significant benefits of registering your work with the United States Copyright Office. These benefits include: 1. Public notice of your …
Federal trademark registration is not required to claim your business’s name or logo as a trademark but it does offer your business the most protection. Using your name or logo in commerce without a federal registration gives you limited trademark rights in your geographic area but federal registration with the United States Patent and Trademark Office (USPTO) has several advantages, …
The Family Medical Leave Act (FMLA) was enacted by Congress in 1993 and gives eligible employees the right to take unpaid leave, under certain circumstances, without retaliation from the employer. Under the FMLA, eligible employers are required to give eligible employees up to 12 weeks of protected, unpaid leave for (1) the birth and care of eligible employee’s child or …
If you are a website owner, you probably wonder whether you may be sued for content, like comments, photographs, or videos posted on your website by third parties. Section 230 of the Communications Decency Act (CDA) may offer you some relief. Immunity under the CDA The CDA is a federal law enacted by Congress to promote the flow and free …
In short, yes. It is well established under Ohio law that a non-competition agreement of reasonable duration and geographic scope is enforceable if properly made part of an employment agreement. However, the courts will treat these agreements with skepticism and carefully scrutinize them because they are often drafted by the employer and in favor of the employer. If the agreement appears too …
Criminal background checks for employment purposes are commonplace. But recent literature from the Equal Employment Opportunity Commission (EEOC), the federal agency charged with enforcing employment discrimination laws, has suggested that certain criminal background check policies may violate Title VII of the Civil Rights Act of 1964 due to the varying rates of criminal activity among different minority groups. Title VII …
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 …
The answer to this question is “Yes” if you want to own the work an independent contractor just created for your business without having to obtain the contractor’s permission and pay him or her royalties. Typically, any work created by an independent contractor is owned by the contractor unless a work for hire agreement is signed. What is a Work …
If you operate a website that allows users to post or generate content, you may be liable for contributory copyright infringement. With statutory damages between $750 and $30,000 per work, or actual damages, available to aggrieved parties, liability for infringement can easily run into the millions of dollars. Luckily for online service providers, the Digital Millennium Copyright Act of 1998 …
The Occupation Safety and Health Administration (OSHA), created in 1970, is a federal agency designed to assure safe and healthful conditions for workers through the implementation of various safety regulations, procedures, and enforcement mechanisms. All private workers are covered by OSHA. In general, OSHA requires that employers keep their workplace free of serious recognized hazards. More specifically, OSHA requires employers …
