The question is whether you can copyright computer programs and videogames. The Copyright Act was amended to expressly include the right to register computer programs and videogames. What is a computer program and how can you copyright it? A computer program is a set of statements or instructions to be…
Articles Posted in Business Law
Different Types of Copyright Applications
The copyright application process is three parts: (1) application form; (2) nonrefundable filing fee; and (3) a nonreturnable deposit of the work’s copy. In general, the copyright owner should submit a separate application for each work. However, the following exceptions apply for registering multiple works in one application: Collective Works:…
The Basic Rules For Commercial Emails
The basic rules for commercial emails should be known by all business organizations. They should include having proper identifiers, opt-out mechanisms, and a valid mailing address in all commercial emails. In fact, the CAN-SPAM Act states that the senders of commercial emails will be acting legally if: 1) The header of…
When Does Federal Arbitration Law Preempt California Law?
Both California and the federal government have enacted statutes that regulate arbitration agreements and awards. The Federal Arbitration Act (FAA) and California Arbitration Act (CAA) are similar in many aspects but they have differences that can sometimes lead to conflict. Other state and federal statutes can also conflict with the…
Mediations and Confidentiality Rules
Mediation gives the parties to a dispute, either during an ongoing lawsuit or in an effort to avoid one, a chance to present their cases to a neutral third party trained in dispute resolution. In order to promote candor during the mediation process, anything that is said during mediation is…
Enforcing Mediation Agreements in California
Mediation is a form of alternative dispute resolution (ADR) that allows the parties to a dispute to present their claims to a neutral third party, known as the mediator, who will try to help them reach an agreement. Once the mediation is over, how can one party make sure that…
Enforcing a Binding Arbitration Award Under Federal and State Laws
Alternative Dispute Resolution (ADR) allows two or more parties in conflict to take their case before a neutral third party outside of the court system. This often has the benefit of sparing them the expense of litigation and to avoid a trial. Many contracts now include clauses requiring the submission…
Internet of Things and New Laws
The Internet of Things is a relatively new development that has changed the world. However, the laws were either non-existent or archaic. Now, it’s important to inform our readers that Jerry Brown has signed a cybersecurity law covering “smart” devices. The bill, SB-327, was introduced last year and states in relevant part that:…
The Sherman Antitrust Act: How It Applies To Major Credit Card Companies
For this week’s blog post, we will continue with the topic of recent Supreme Court decisions that are affecting the business, e-commerce, and internet world. Specifically, we will discuss Ohio v. American Express, a case involving the Sherman Antitrust Act and major credit card companies. In the United States, credit…
Net Neutrality: Why it Matters and What You Need to Know About FCC’s Suggested Changes?
This is a current update on the principle of net neutrality that is worthy of a discussion. So, how or why is an update necessary? The answer is that net neutrality rules may be changing soon, and various organizations are currently lobbying for their positions. Why does net neutrality matter…