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Copyright Trolls: What They Are and How to Handle a Demand Letter from Copytrack, CopyCat or Similar Companies

Executive Summary: This article explains what copyright trolls are, usually companies like Copytrack or CopyCat that send payment demands for alleged unauthorized use of images. It outlines how these claims work, when they might be legitimate, and when they’re not. It advises recipients to verify ownership, request proof, and avoid immediate payment

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Freelancers, Vendors, and White-Label Work: How to Avoid Ownership Conflicts

Executive Summary: This article explains how freelancers, vendors, and white-label relationships can lead to ownership conflicts if intellectual property rights aren’t clearly defined in writing. It outlines the difference between “assignment” (full ownership transfer) and “license” (permission to use) and provides sample clauses that illustrate each. The post encourages readers to review

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What Can You Do When a Brand Uses Your Likeness Without Permission?

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

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Who Really Owns Your Content When You Collaborate?

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

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3 Hidden Risks of Brand Deals Without a Written Contract

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

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Privacy-by-Design: Protecting Your Digital Data

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

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Intellectual Property in AI Development: Who Owns the Code and the Output?

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

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Don’t Ignore the Hidden Costs of Overlooking Contracts

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)

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Understanding Bylaws: A Guide to Their Importance and Creation

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

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The Importance of an Operating Agreement for Your LLC

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

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Understanding Non-Compete and Non-Solicitation Agreements: What Business Owners and Employees Need to Know

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,

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Understanding the Basics of Contract Law

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

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