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Preregistration of Unpublished Software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

PART II. 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

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