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When health challenges arise due to a business lawsuit

There are a multitude of concerns people may face when their business is taken to court. From financial concerns to personal issues with friends and loved ones, a lawsuit can throw a person's life into disarray and chaos. Some people experience personality changes and become very irritable as a result of a lawsuit. There are many other ways in which people are impacted by a lawsuit, though sometimes, the strain of a case can emphasize developing health problems.

Unfortunately, those who are simultaneously dealing with business litigation and a health crisis may have an even harder time on both fronts. Health ailments can physically incapacitate people and leave one drained of energy, making it hard for one to focus on their case. Furthermore, the strain of the two situations may cause people to become hopeless or depressed as a result of the stress.

How are copyrights in an authored work established?

The answer to the above question might surprise you: An individual seeking to gain legal rights in created work need … do nothing.

One online overview addressing copyright particulars puts it this way: A copyright “is automatically established when content is generated.”

When litigation disrupts your business plans

Business litigations are associated with different challenges that can lead to financial concerns and extremely high stress levels. It is important to remember that there are many other ways in which a business lawsuit can be challenging for business owners and even entire companies. Whether a corporation is taken to court by a competitor or a former employee, litigation can have detrimental repercussions throughout the company. It can impact current operations and even alter the course of a business's future by disrupting a business owner's goals for their company.

There are a number of reasons why litigation can be so disruptive to business plans. Most significantly, business litigations are extremely time-consuming and costly. From the financial pressures of a lawsuit (penalties, legal fees, etc.) to a business owner deciding on a different corporate direction in the wake of litigation, business litigations can prompt a business owner to halt operations and postpone future ventures.

What exactly is intellectual property?

When you create something in California, that something becomes your intellectual property. In other words, intellectual property is something you produce out of your own mind. As you might suppose, you have the right to exclusively control your intellectual property. This includes selling the product, just like one would with any other type of property an individual owns. 

The World Intellectual Property Organization explains that intellectual property comes in a variety of forms, including the following:

  • Literary compositions such as books, articles, poems, etc. for which you can obtain copyright protection.
  • Artistic pieces such as paintings, drawings, sculptures, photographs, architectural drawings, musical compositions, websites, films, videos, etc. for which you can also obtain copyright protection.
  • Technological designs such as computer programs, databases, maps, technical drawings, etc. for which copyright protection likewise applies.
  • Inventions and processes for which you can obtain a patent protection
  • Product-specific commodities such as logos, designs, slogans, etc. for which you can obtain a trademark protection.

    Handling a business lawsuit during the summer

    For business owners, lawsuits can be challenging at any time of the year. However, these cases are particularly tough to address during the summer months for several reasons. Whether you were planning a family vacation or looking to spend more time with your kids while they are out of school, a majority of your business activity occurs during the summer which can be an especially burdensome season to deal with litigation. As a result, it is vital that you consider the correct approaches to a lawsuit and ensure steps to minimize the impact of litigation.

     

    For some businesses, this time of year is exceptionally busy, thus it can be even more difficult to find the time and the energy to tackle a lawsuit.

     

    The way in which a business owner approaches litigation could play a major role in how a case affects their life, both financially and emotionally. Furthermore, it can also create a significant impact on their company's future.

     

     

     

     

    Suing for copyright infringement does not make you a troll

    In the intellectual property world, you may feel that the only way you can protect your rights is through litigation. However, some entities and individuals try to place a negative cast on those who take others to court over images, words, music and other forms of IP. At Wang IP Law Group, P.C., we understand that copyright trolls can create havoc using the legal system, but that should not keep creative people from protecting their rights. 

    According to Plagiarism Today, a copyright troll is not the one who created the work and does not have a significant financial interest in the legal distribution of the work. Rather, this person is trying to make a profit by aggressively filing lawsuits or threatening lawsuits against many infringers at once.

    Which creative works can be protected via copyright?

    Copyrighting an original work is a must to prevent others from capitalizing on your creation and claiming your hard work for their own. Keep in mind that some works can't be protected using this method, as there are very specific rules governing copyright laws. The Balance offers the following information on what can and cannot be copyrighted. 

    In order for something to copyrighted, it must exist in a tangible form. This includes a wide range of creative works, such as books, sound recordings, articles, lyrics, graphics, pictures, and many others. While these works don't necessarily need to be published, they must be preserved in a physical form and be capable of being reproduced. The definition of what can be copyrighted is actually rather broad and encompasses a number of works not listed here. 

    How can freelancers create solid contracts?

    Freelancers rely on contracts when doing business or performing work for others. And so, when it comes to client contracts, it's important to keep certain factors in mind or you run the risk of encountering a serious issue down the line. Create & Cultivate lists a few red flags to look out for and how you can protect yourself and your work.

    Scheduling payments is often a hugely contentious issue when it comes to freelance work. If a schedule isn't explicitly spelled out, you're likely to become frustrated by not receiving payment in a timely manner. Additionally, the other party will be able to claim that they weren't aware of the schedule and thus not responsible for missing a deadline. Make sure everyone is on the same page as to when payments must be remitted. You should also include when you're responsible for completing work, which can entail multiple deadlines until the project is completed.  

    How can I avoid wrongful termination claims?

    Wrongful termination not only exposes you to harmful and expensive litigation, it can also tarnish your reputation as an employer and affect your ability to build your workforce. Accordingly, The Balance explains how you can avoid wrongful termination claims and prevent damaging legal issues from occurring. 

    Consider whether you're complying with termination clauses within employee contracts. Even if you do business in an at-will state, the contracts you have in place may possibly override state and local laws. And, while most employment contracts are on paper, consider if you've entered into an implied contract. If your worker suggests that the contract was implied verbally, you must show that you took the proper steps to sufficiently clarify the issue with the employee.

    California's position as IP king threatened by state taxes and China

    California is home to Hollywood, Silicon Valley and several major music labels. So, it comes as no surprise that the state is king of intellectual property creation in America. Forbes estimates that 27.3% of all patents granted in the United Sates are given to individuals and corporations based in the Golden State. This is even more spectacular when you consider that California accounts for just 12.1% of America's population.

    Over the years, however, high taxes have threatened to dethrone California. Businesses and people alike want to reduce their tax liabilities, which has encouraged many people to take their business out of state. This move first started after the Cold War era when California's aerospace jobs were sent to Texas and Florida, neither of which have individual income taxes. Texas also has no corporate income tax.

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