A Legal Guide to Web & Software Development » (Fifth Edition)

Stephen Fishman is the author of many Nolo books, most recently Tax Deductions for Professionals. Other titles include Deduct It! Lower Your Small Business Taxes, Every Landlord's Tax Deduction Guide and Home Business Tax Deductions: Keep What You Earn - plus many other legal and business books. He received his law degree from the University of Southern California in 1979. After time in government and private practice, he became a full-time legal writer in 1983.

Protect your rights, and your hard work!

The laws covering website and software development are complex and confusing, but if you don't untangle them, it could cost you thousands of dollars in attorneys' fees and lawsuits.

Fortunately, Legal Guide to Web & Software Development decodes this complex area of the law, thoroughly and in reader-friendly English. It also provides contracts, agreements and legal forms on CD-ROM, with step-by-step instructions for filling them out, so you can protect your software and website without paying a lawyer's ransom.

Use Legal Guide to Web & Software Development to learn:

• what kind of legal protection you need
• the strengths and limitations of each type of protection
• how to avoid infringement
• which provisions you need when drafting an agreement
• how to obtain permission to use other people's materials

You'll find complete, step-by-step instructions to draft:

• employment agreements
• contractor and consultant agreements
• development agreements
• license agreements

The 5th edition of Legal Guide to Web & Software Development is completely update to provide the latest case law and statutory revisions.

Entrepreneur

Covers every imaginable detail important to such a rapidly growing and intangible medium.

Your Legal Companion

1. Creating Agreements
The Process of Reaching a Final Agreement
Print Out and Proofread the Final Agreement
Attach All Exhibits
Sign the Agreement
Dates
Faxing and Emailing Agreements
Save the Agreement

2. Introduction to Intellectual Property
What Is Intellectual Property?
Trade Secret Law
Copyright Law
Patent Law
Trademark Law
Implementing an Intellectual Property Plan

3. Copyright Basics
What Is a Copyright?
What Does Copyright Protect?
Three Prerequisites for Copyright Protection
Limitations on Copyright Protection
Copyright Infringement
Copyright Formalities
Masks Used to Manufacture Computer Chips

4. Copyright Registration
Copyright Registration: The Basics
Selecting the Proper Application
Filling Out the Application
Complying With Copyright Deposit Requirements
Software Deposits
Website Deposits
Sending Your Application to the Copyright Office
Expedited Registration
Preregistration of Unpublished Software
Dealing With the Copyright Office
Corrections and Changes After Registration Is Completed (Supplemental Registration)

5. Copyright Notice
Why Use a Copyright Notice?
When to Place a Copyright Notice on Software and Websites
Form of Notice
Notice on Compilations and Derivative Works
Where to Place Copyright Notice
Other Information Near Notice

6. Software and Web Copyright Infringement

Part I. Avoiding Copyright Infringement

Things You Should Never Do
Things You May Be Able to Do
Protecting Against Infringement Claims
What to Do If You're Accused of Copyright Infringement

PARTII. Suing Others for Copyright Infringement

How to Know Whether You Have a Valid Infringement Claim
Self-Help Remedies for Copyright Infringement
Nuts and Bolts of Infringement Lawsuits
What You Can Get If You Win: Remedies for Copyright Infringement

7. Trade Secret Basics
What Is a Trade Secret?
Trade Secret Owner's Rights
Limitations on Trade Secret Protection
Enforcement of Trade Secrets
Avoiding Trade Secret Misappropriation Claims
Using Trade Secrets With Other IP Protections

8. Establishing a Trade Secret Protection Program

Part I. Identifying and Protecting Your Trade Secrets

Identifying Your Trade Secrets
Basic Trade Secret Protection Program
Advanced Trade Secret Protection Program

Part II. Drafting Nondisclosure Agreements

General Nondisclosure Agreement
Prospective Licensee Nondisclosure Agreement for Software Company
Software Beta Tester Nondisclosure Agreement
Visitor Nondisclosure Agreement
Interview Nondisclosure Agreement

9. Software and Internet Patents
Patent Basics
Patents for Software
Internet Business Method Patents
Should You Apply for a Software or Internet Patent?
Avoiding Patent Violations (Infringement)

10. Trademarks and Domain Names
What Are Trademarks and Service Marks?
Trademark Ownership
Selecting a Trademark
Federal Trademark Registration
Trademark Notice
Trademark Searches
Enforcing Trademark Rights
Trade Dress Protection
Internet Domain Names

11. Software and Website Ownership
Copyright Ownership
Trade Secret and Patent Ownership
Transferring Software and Website Ownership and Use Rights

12. Electronic Databases
Types of Databases
Copyright Protection for Electronic Databases
Registering Contents of Electronic Databases
Using Noncopyright Means to Protect Databases

13. Website and Software Permissions
Introduction
When You Need to Obtain Permission
Works That Are in the Public Domain
The "Fair Use" Exception to Copyrighted Works
Obtaining Permission to Use Copyrighted Materials
Privacy and Publicity Problems

14. Employment Agreements

Part I. Employer's Guide to Drafting Employment Agreements

Why Use Employment Agreements?
Who Should Sign?
When New Employees Should Sign
Agreements With Current Employees
Selecting Employment Agreements You Need
Employment Agreement for Nontechnical Employees
Employment Agreement for Technical Employees

Part II. Employment Agreements From the Employee's Viewpoint

Confidentiality of Trade Secrets
Intellectual Property Ownership
Postemployment Restrictions on Competition

15. Consulting Agreements

PART I. Hiring Independent Contractors

Introduction
Benefits and Drawbacks of Using Independent Contractors
Which Workers Qualify as Independent Contractors
Independent Contractor Agreement Favorable to Hiring Firm

PART II. Working as an Independent Contractor

Benefits and Drawbacks of Working as an Independent Contractor
Consulting Agreement Favorable to an Independent Contractor

16. Software and Website Licenses
What Is a License?
Why Use Licenses to Sell Software?
Types of Software Licenses
Licenses for Mass-Marketed Software
Negotiated License Agreements
Open Source Licenses
Website Content License
Website Linking Agreement

17. Website Development Agreement
Identifying the Parties to the Agreement
Contents of Website Development Agreements

18. Custom Software Development Agreement
Introduction
Contents of Custom Software Development Agreements

Appendix
How to Use the CD-ROM
Installing the Form Files Onto Your Computer
Using the Word Processing Files to Create Documents
Using U.S. Copyright Office Forms
List of Forms Included on the CD-ROM

Index