Software, Internet, and Technology
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Contact us at 949-453-2100 or send us an email to learn more about how we can help you with software, Internet, intellectual property and general technology law.
After spending more than twenty years servicing large and small software developers, the Law Offices of John J. Brandlin, Jr. has gained valuable software development, acquisition, and agreement experience. We can lead you through the sticky web of software, Internet, and technology law.
The following list provides some information about our software services. We also offer assistance with a number of other software matters.
- Development
If you use independent contractors to develop software or other intellectual property, who owns it? If you want to own it, you need an agreement signed by your contractor giving up their rights in what they develop for you.
- Acquisition
If you purchase a software product, your agreement should protect you against claims of third parties against the seller or the product including indemnification for intellectual property infringement.
- Software License Agreements
Software developers should never give anyone a copy of their product
unless it is covered by a license agreement. Most software developers understand that it is
necessary to have an end user license agreement in the software and that the customer must agree
to the license before using the software. However, it is easy to forget the parties between
you and the end user You should have an agreement with each party to whom you distribute your
software including OEMs, VARs, distributors, and retailers whether bricks and mortar or online.
We can help you develop appropriate agreements to protect your intellectual property in the
software you develop.
- OEM Agreements
OEMs have unique issues which should be covered in their agreements such as
specifying the products with which the software will be bundled, whether it must be included with
every product, whether it must be bundled, and the nature of the indemnification the OEM will require.
- VAR Agreements
Most VARs deal in specialized market niches and have specialized issues
which must be dealt with in their agreements.
- Distributor Agreements
Distributors frequently offer "take it or leave it" agreements. Notwithstanding that, many are willing to negotiate terms you need to protect your product.
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Internet
If you do business on the Internet, there are many agreements, disclaimers, terms of use and
other forms you will need in order to protect yourself. The types of agreements differ by the type
of business. We can help you develop the documents appropriate for your business.
- E-Commerce
Selling products and services over the Internet.
- Internet Application Services
Providing web-based applications for use by third parties. Do you have an agreement that protects you in the event your system goes down, is attacked by hackers, or is misused by your customers?
- Website Development
Website development is often hard to pin down as the project tends to
change over time. Your agreement should provide for such changes and resulting adjustments in pricing.
If you work on a fixed fee basis, when does your job end? Do your agreements specify whether you
have any continuing duties with respect to the website?
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Intellectual Property
- Copyright
Copyright protects "original works of authorship" as soon as the work is put
in a fixed form. The copyright owner has several rights including the right to reproduce and
distribute the work. United States Copyrights can be registered with the U.S. Copyright Office,
and it is necessary to do so in order to file a lawsuit based on the copyright. You can also
register Copyrights in other nations. Though not required, most people put a copyright notice,
such as appears at the bottom of this webpage, on their works.
- Trademark
Trademarks protect your trade names, logos, and other graphic elements of your
identity. United States Trademarks are registered with the U.S. Patent and Trademark Office,
and it is advisable to do a trademark search prior to investing in a graphic for a business or product.
- Trade Secrets
Trade secrets are valuable, so long as they are kept secret.
You must take steps to actively protect your street secrets. We can guide you in setting up
procedures to protect your trade secrets.
- Distribution
If you distribute products containing intellectual property, you should cover
the nature and extent of the rights you grant your distributors in a distribution agreement.
- Employee Confidentiality
Businesses owning intellectual property should not hire employees
without first having them sign a strong confidentiality agreement.
- Product Development
Agreements with third parties to develop intellectual property that you
use in your products like software, need to state an agreement stating who owns the
intellectual property.
- Technology Acquisition and Transfer
Selling a business that has intellectual property
involves unique issues not usually dealt with in business purchase and sale agreements.
Agreements require special provisions covering the intellectual property.
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Our goal is to protect you from making any crucial mistakes with your software or other intellectual property. Call our offices today to speak with an experienced Orange County software and technology lawyer at 949-453-2100 or send us an email to learn more.