A Legal Guide to Web & Software Development

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• Preregistration of Unpublished Software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