Executive Summary: This article explains what to do when someone uses your likeness without permission, focusing on the right of publicity and Florida’s protections. Unauthorized use can qualify as misappropriation if it’s identifiable and for commercial purposes, such as advertising a product without consent. It also covers how to respond if you
Executive Summary: This article explains how copyright law works when multiple people create content together. Without a written agreement, joint works are automatically co-owned, allowing each creator to use or sell the work without the other’s permission. The piece outlines the difference between licensing (permission to use) and assignment (full transfer of
Executive Summary: This article explains why influencers and content creators should avoid brand deals without a written contract. Without clear payment provisions, creators risk delayed or withheld compensation and uncertainty about payment conditions. Missing service provisions can lead to disputes over deliverables, usage rights, and exclusivity. At the same time, the absence
Protecting consumer information has never been more of an issue. With increasing concerns over data breaches and privacy violations, businesses are under immense pressure to keep up with the growing list of US and international data protection laws. That’s where Privacy-by-Design (PbD) comes in. Privacy-by-Design is an innovative approach that addresses these
Intellectual Property in AI Development: Who Owns the Code and the Output? The increasing use of generative artificial intelligence and machine learning to create services or products raises challenging questions about who owns the intellectual property produced by the technologies. Entrepreneurs and developers face unique challenges when dealing with AI-generated projects and
Contracts often become an afterthought in fast-paced tech environments. As a result, developers and entrepreneurs often fall into the trap of prioritizing speed over clarity. This decision to rush into a contract often leads to expensive disputes down the road. Risks from Vague Agreements Many contracts miss clauses addressing intellectual property (IP)
Understanding Bylaws: A Guide to Their Importance and Creation Are you familiar with bylaws for a corporation or how they differ from an operating agreement? An operating agreement is a contract that outlines the ownership and operating procedures of the LLC. Bylaws are a contract that defines the structure, roles, and responsibilities
The Importance of an Operating Agreement for Your LLC Starting an LLC is an exciting step to take for your business. As you know, the process involves several steps. When forming a Limited Liability Company, one of the most important documents you’ll need is an operating agreement. If you are starting an
Understanding Non-Compete and Non-Solicitation Agreements: What Business Owners and Employees Need to Know Protecting your company’s interests is crucial in today’s business world, especially when it involves valuable relationships, trade secrets, and other proprietary information. Non-compete and non-solicitation agreements are essential tools for businesses, yet they’re typically misunderstood. At Ferguson Legal, PLLC,
Understanding the Basics of Contract Law Contracts are the backbone of business operations, defining obligations, expectations, and outcomes for all parties involved! At Ferguson Legal, PLLC, we are dedicated to supporting small and medium businesses in all their legal needs, including the drafting, reviewing, and disputing of contracts. In this article, we’re
For some clients, the value of their business lies in the business’ specific data or information, which may or may not be properly categorized as a trade secret. A business’ data is a trade secret as long as it derives independent economic value and is not generally known. This data, which can
Ready to start a business, but confused about whether you need a Trademark or Copyright? I made a quick video explaining how a Trademark differs from copyrights and what it means to conduct a Trademark clearance. Click HERE to watch the video.
