Software, Internet, and Technology Law
Orange County Software Attorney
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Software
Software is a type of intellectual property that presents unique issues and challenges. We have represented software companies since the early 1980s and are well versed in these unique issues and challenges. In that time we have assisted our clients in negotiating agreements with a wide variety of licensees, including Fortune 500 corporations. If you are planning to develop a software product, or already have done so, we can provide the counsel and agreements you need to protect your intellectual property and deal with the various parties involved in getting your product to market.
- 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.
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?
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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Law Offices of John J. Brandlin, Jr.
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Law Offices of John J. Brandlin, Jr.
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