A Legal Guide to Web & Software Development / Edition 5
  • A Legal Guide to Web & Software Development / Edition 5
  • A Legal Guide to Web & Software Development / Edition 5

A Legal Guide to Web & Software Development / Edition 5

by Stephen Fishman J.D., Attorney Stephen Fishman
     
 

Protect your rights, and your hard work!

The laws covering website and software development are complex and confusing, but if you don't untangle them, it could cost you thousands of dollars in attorneys' fees and lawsuits.

Fortunately, Legal Guide to Web & Software Development decodes this complex area of the law, thoroughly and in reader-friendly English.

See more details below

Overview

Protect your rights, and your hard work!

The laws covering website and software development are complex and confusing, but if you don't untangle them, it could cost you thousands of dollars in attorneys' fees and lawsuits.

Fortunately, Legal Guide to Web & Software Development decodes this complex area of the law, thoroughly and in reader-friendly English. It also provides contracts, agreements and legal forms on CD-ROM, with step-by-step instructions for filling them out, so you can protect your software and website without paying a lawyer's ransom.

Use Legal Guide to Web & Software Development to learn:

  • what kind of legal protection you need

  • the strengths and limitations of each type of protection

  • how to avoid infringement

  • which provisions you need when drafting an agreement

  • how to obtain permission to use other people's materials

    You'll find complete, step-by-step instructions to draft:

  • employment agreements

  • contractor and consultant agreements

  • development agreements

  • license agreements

    The 5th edition of Legal Guide to Web & Software Development is completely updated to provide the latest case law and statutory revisions.

    Read More

  • Product Details

    ISBN-13:
    9781413305326
    Publisher:
    NOLO
    Publication date:
    11/26/2007
    Edition description:
    Fifth Edition
    Pages:
    544
    Product dimensions:
    7.00(w) x 8.90(h) x 1.10(d)

    Table of Contents

    Your Legal Companion

    1. Creating Agreements
    The Process of Reaching a Final Agreement
    Print Out and Proofread the Final Agreement
    Attach All Exhibits
    Sign the Agreement
    Dates
    Faxing and Emailing Agreements
    Save the Agreement

    2. Introduction to Intellectual Property
    What Is Intellectual Property?
    Trade Secret Law
    Copyright Law
    Patent Law
    Trademark Law
    Implementing an Intellectual Property Plan

    3. Copyright Basics
    What Is a Copyright?
    What Does Copyright Protect?
    Three Prerequisites for Copyright Protection
    Limitations on Copyright Protection
    Copyright Infringement
    Copyright Formalities
    Masks Used to Manufacture Computer Chips

    4. Copyright Registration
    Copyright Registration: The Basics
    Selecting the Proper Application
    Filling Out the Application
    Complying With Copyright Deposit Requirements
    Software Deposits
    Website Deposits
    Sending Your Application to the Copyright Office
    Expedited Registration
    Preregistration of Unpublished Software
    Dealing With the Copyright Office
    Corrections and Changes After Registration Is Completed (Supplemental Registration)

    5. Copyright Notice
    Why Use a Copyright Notice?
    When to Place a Copyright Notice on Software and Websites
    Form of Notice
    Notice on Compilations and Derivative Works
    Where to Place Copyright Notice
    Other Information Near Notice

    6. Software and Web Copyright Infringement

    Part I. Avoiding Copyright Infringement

    Things You Should Never Do
    Things You May Be Able to Do
    Protecting Against Infringement Claims
    What to Do If You're Accused of Copyright Infringement

    PARTII. Suing Others for Copyright Infringement

    How to Know Whether You Have a Valid Infringement Claim
    Self-Help Remedies for Copyright Infringement
    Nuts and Bolts of Infringement Lawsuits
    What You Can Get If You Win: Remedies for Copyright Infringement

    7. Trade Secret Basics
    What Is a Trade Secret?
    Trade Secret Owner's Rights
    Limitations on Trade Secret Protection
    Enforcement of Trade Secrets
    Avoiding Trade Secret Misappropriation Claims
    Using Trade Secrets With Other IP Protections

    8. Establishing a Trade Secret Protection Program

    Part I. Identifying and Protecting Your Trade Secrets

    Identifying Your Trade Secrets
    Basic Trade Secret Protection Program
    Advanced Trade Secret Protection Program

    Part II. Drafting Nondisclosure Agreements

    General Nondisclosure Agreement
    Prospective Licensee Nondisclosure Agreement for Software Company
    Software Beta Tester Nondisclosure Agreement
    Visitor Nondisclosure Agreement
    Interview Nondisclosure Agreement

    9. Software and Internet Patents
    Patent Basics
    Patents for Software
    Internet Business Method Patents
    Should You Apply for a Software or Internet Patent?
    Avoiding Patent Violations (Infringement)

    10. Trademarks and Domain Names
    What Are Trademarks and Service Marks?
    Trademark Ownership
    Selecting a Trademark
    Federal Trademark Registration
    Trademark Notice
    Trademark Searches
    Enforcing Trademark Rights
    Trade Dress Protection
    Internet Domain Names

    11. Software and Website Ownership
    Copyright Ownership
    Trade Secret and Patent Ownership
    Transferring Software and Website Ownership and Use Rights

    12. Electronic Databases
    Types of Databases
    Copyright Protection for Electronic Databases
    Registering Contents of Electronic Databases
    Using Noncopyright Means to Protect Databases

    13. Website and Software Permissions
    Introduction
    When You Need to Obtain Permission
    Works That Are in the Public Domain
    The "Fair Use" Exception to Copyrighted Works
    Obtaining Permission to Use Copyrighted Materials
    Privacy and Publicity Problems

    14. Employment Agreements

    Part I. Employer's Guide to Drafting Employment Agreements

    Why Use Employment Agreements?
    Who Should Sign?
    When New Employees Should Sign
    Agreements With Current Employees
    Selecting Employment Agreements You Need
    Employment Agreement for Nontechnical Employees
    Employment Agreement for Technical Employees

    Part II. Employment Agreements From the Employee's Viewpoint

    Confidentiality of Trade Secrets
    Intellectual Property Ownership
    Postemployment Restrictions on Competition

    15. Consulting Agreements

    PART I. Hiring Independent Contractors

    Introduction
    Benefits and Drawbacks of Using Independent Contractors
    Which Workers Qualify as Independent Contractors
    Independent Contractor Agreement Favorable to Hiring Firm

    PART II. Working as an Independent Contractor

    Benefits and Drawbacks of Working as an Independent Contractor
    Consulting Agreement Favorable to an Independent Contractor

    16. Software and Website Licenses
    What Is a License?
    Why Use Licenses to Sell Software?
    Types of Software Licenses
    Licenses for Mass-Marketed Software
    Negotiated License Agreements
    Open Source Licenses
    Website Content License
    Website Linking Agreement

    17. Website Development Agreement
    Identifying the Parties to the Agreement
    Contents of Website Development Agreements

    18. Custom Software Development Agreement
    Introduction
    Contents of Custom Software Development Agreements

    Appendix
    How to Use the CD-ROM
    Installing the Form Files Onto Your Computer
    Using the Word Processing Files to Create Documents
    Using U.S. Copyright Office Forms
    List of Forms Included on the CD-ROM

    Index

    Read More

    Customer Reviews

    Average Review:

    Write a Review

    and post it to your social network

         

    Most Helpful Customer Reviews

    See all customer reviews >