Columnist: Maritza Nelson, J.D.
Protecting Your Content: The Basics of Copyright Law
Copyright protects “original works of authorship.” This can be anything from written works to musical and artistic creations, and even computer programs and architectural plans. Copyright is important for any entrepreneur who creates content or uses content created by someone else. Copyright gives the rights owner the exclusive right to do certain things or give […]
Forming a Nonprofit Organization
Forming a nonprofit and then gaining (and keeping) the organization’s tax-exempt status is definitely more complicated than starting an LLC or other for-profit business. So, what do you need to know if you’re considering this path? Step 1: File Articles of Incorporation The first step is to file Articles of Incorporation with the Secretary of […]
Teamwork Makes the Dream Work: Essential HR Policies for Small Businesses and Nonprofits
Regardless of size, every business or nonprofit with employees needs to have certain policies in place, whether you’re hiring your first employee or you’re dusting off an old employee handbook that desperately needs updating. Alcohol, Drugs, and Other Contraband in the Workplace: Because you can be liable for your employees’ bad behavior on the job, your […]
Trade Names, Fictitious Names, and DBAs
Building a successful business is hard work. You need a great product or service, a marketing plan for getting the word out, skills in sales to convert your product or service into actual money, a head for numbers and finance, and innumerable leadership skills to tie it all together. Today, let’s talk about the marketing/branding […]
Internships: To Pay or Not to Pay
As your business grows, it’s inevitable that you’ll need extra help. And often, you’ll need this help before your business can really afford to hire extra help. Enter: Unpaid Internships. Your small business gets free labor, and the intern gains valuable experience for their resume and a good reference for later on down the road. […]
Enforcing Your Trademark Rights
Once your trademark is registered, it’s your job to protect it and enforce your rights. To do so, you must file certain maintenance documents in a timely manner and actively police your trademark. Monitoring Your Trademark The USPTO does not police trademarks. The USPTO’s role is limited to preventing new applications for confusingly similar marks used […]
Offer Letters vs. Employment Agreements: Which One Should You Use?
Hiring a new employee is an exciting time for any business. But it can also be a legal minefield for small businesses, especially when you don’t have a dedicated HR department. Once you find your next great hire, should you send them an offer letter or an employment agreement? Offer Letters Rule 1: Don’t Make […]
How to Register Your Trademark
Most trademark registration applications are completed electronically on the USPTO website. You’ll need some basic information to get started: Owner of the Mark: A trademark can be a valuable piece of intellectual property if it belongs to the business and not the individual owner(s). If you file the application in your individual name, you are […]
Raising Money From Investors: A Legal Nightmare for Small Businesses
Raising money is a critical concern for most small businesses. Whether it’s seed funding to get the business started or raising capital to take the business to the next level, every business needs money. But it’s not as simple as offering potential investors an opportunity and then letting the money pour in. Anytime a business […]
Employees vs. Independent Contractors: What’s the Difference?
The IRS considers a worker an independent contractor “if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.” Ask yourself, are you paying the worker to accomplish a result (an independent contractor), or are you paying the worker to perform a […]