December 30, 2010 in Business, Legal Articles by jferris

How To Sell A Screenplay in Hollywood

It may have been tweaked a thousand times. Labored over for several years. And had heart and soul poured into it.

Every screenplay writer’s dream is to have his or her screenplay sold and end up on the silver screen. Getting Hollywood to bite and then knowing how to legally protect one’s creation are two important considerations.

Protecting the Intellectual Property

It is important to copyright the finished screenplay. While it is unlikely an agent or studio would steal from a script and risk litigation, the possibility does exist. A little bit of extra effort can prevent this unfortunate event from occurring.

There are two popular methods for copyrighting screenplays. One is to go through the Library of Congress. Legally, it is necessary to register a work in order to be successful in court.

The other option is to go through the Writers Guild. The Writers Guild is a writer’s union, though it is not necessary to be a member to have a script copyrighted. It is worth noting that this route can be relatively useless if the party ever winds up in litigation. Only a federally registered copyright with the U.S. Copyright Office will gain admission into federal court.

Selling The Script

Sometimes screenwriters use agents to sell or option their scripts, and sometimes they do not. Either way, here are the two kinds of common deals.

Sales: This is when a script is purchased outright by the producer. Sometimes there is a flat-fee provided upfront and other times an additional amount of money is offered if and when the film is actually completed. There are even some experienced screenwriters who can negotiate for residuals from such revenues as those generated from DVD sales.

Option: This is when the script is essentially rented for a certain time period. The producer retains the exclusive rights to the story and can then either relinquish the rights to the script or purchase it outright.

Negotiations

The compensation received for optioning or selling a script can vary greatly, depending on how well-known the script writer is, the quality of the story and how good of a negotiator the writer’s team is.

If an agent is used, there may be an entertainment attorney who can look over the legal issues in the contract. If no agent is used, it is best to hire an entertainment lawyer who can make sure one’s best interests are being looked after in the deal.

While selling a script can be a thrilling experience, it is important to make sure that one receives the most beneficial terms possible.

Anthony Spotora is a Los Angeles entertainment lawyer and Los Angeles business attorney. To learn more, visit Spotoralaw.com.

December 29, 2010 in Business, Legal Articles by jferris

Practicing and Training the Golden Rule Can Prevent Discrimination Suits

It is common sense that if supervisors treat employees with the same respect they would like to receive, the company will not likely face discrimination suits. Supervisors who are not sensitive to an employee’s age, national origin, physical disabilities, sex, race or national origin are likely going to pay in the long run. Therefore, clearly setting forth a well-defined job description is a good approach.

Unfortunately, common sense will only go so far and supervisors may not always use it. It is a good idea to have an anti-discrimination policy in place and make sure managers and employees are trained to know what is expected and what should be done if discrimination is encountered.

It is almost imperative that, as a business owner, you should get the message out that discrimination will not be tolerated by anyone in your organization. One of the best ways to “get the message out” is to have a well-written anti-discrimination policy that outlines what is expected. Your policies should also identify to whom complaints of discrimination should be made, and all managers should be trained on what to do if they receive a complaint.

It is especially important to train your decision-makers. Supervisors and managers should be trained to identify and understand discrimination in its many forms, such as claims based on disability, gender, age or other protected status. Supervisors should be made to understand that it is important to document events and carefully maintain that documentation. If a situation appears serious, you may want to consult counsel.

It is also important to train managers about making personnel decisions. A poorly planned and poorly documented job termination or hiring is sometimes an invitation to a charge of discrimination. Therefore, documenting everything is also imperative, including things such as an employee’s work performances. All documentation should be based on facts and should be done in a timely and pertinent manner.

An ounce of prevention is worth a pound of cure. If you want to take proactive steps to avoid discrimination suits, consider hiring an experienced attorney to assist you with your antidiscrimination policies and employee training.

Gregory D. Jordan is an Austin business attorney, Austin employment lawyer, and Austin business litigation lawyer. To learn more, visit Theaustintriallawyer.com.

December 29, 2010 in Business, Legal Articles by jferris

Opting For A Private Jet May Be Wise As Airport Security Lines Grow

These days, lines seem longer than ever at the airport security gate. And when it comes to flying on public flights, there are also lengthy flight delays and rerouting to worry about it.

As a business, sometimes it makes more sense to purchase or lease a private jet if sending numerous employees on regular business trips is the norm. It can bring fewer headaches, greater flexibility with flying schedules, greater confidentiality and the ability to use a wider variety of airports.

Some things to consider:

-Get a good consultant. An experienced aircraft broker or consultant should have a thorough understanding of what types of aircraft are currently on the market and offer advice on what prices are fair and reasonable. Additionally, they should be able to discuss which types are best suited for one’s particular purposes. For example, the operating cost per hour of an aircraft varies dramatically depending on the size and model.

An experienced broker or consultant will be able to monitor the pre-purchase inspection component of the sale to make sure that one’s best interests are being represented. Without a broker or consultant present certain repairs may be deemed recommended as opposed to mandatory.

-The costs. The price of incorporating an aircraft into a company’s business does not end with the purchase. It is vital to budget for the cost of operating and maintaining the aircraft. This includes storage fees, monthly subscription services such as GPS approach-plate and weather information, sales and use tax requirements, fuel and its price volatility, regular maintenance costs, and reserves for possible repairs.

-Financing options. Same as with any other major purchase, acquiring an aircraft usually involves securing a loan. The financing of an airplane, whether for business or personal needs, is a complicated process, with many different options and lending terms to consider.

Most fixed rate loans for airplanes range anywhere from 10 to 25 years, though shorter loan periods can also be found. And as with other loans, there are fixed rate and adjustable rate options.

If considering the purchase of a private aircraft for business purposes, it is important to speak with an experienced attorney and financial expert to discuss the various options and financial considerations.

Stewart H. Lapayowker, P.A. is an href="http://www.businessaviationcounsel.com">aviation attorney and aviation transaction lawyer, focusing on airplane and jet transactions. To learn more, visit Businessaviationcounsel.com.

December 29, 2010 in Business, Legal Articles by jferris

Texas Wrongful Termination Verdicts are Mostly Retaliation Cases

More than half of retaliation cases consist mostly of Texas wrongful termination verdicts. A total of 63 percent of retaliation cases were filed by employees who alleged they were fired for filing workers compensation claims after being injured on the job. This has forced legislature changes. Therefore, bills are currently pending in both Senate and Assembly that could change Texas laws about wrongful termination.

Concerns of the unpredictable nature of wrongful termination claims and their increasing numbers will affect the state’s economy. The new bills intend to limit the amount of damages. They will also eliminate the cause of action for breach of contract to have it based on written employment policy in hopes of substantially reducing the volume of wrongful termination lawsuits.

However, discrimination cases will be affected if plaintiffs are required to sue under existing statutes when there is an available statutory remedy. It would force plaintiffs to sue under existing civil rights statutes, rather than the common law of wrongful termination.

Of course, termination should not be based on age, race, sex, religion, disability, pregnancy and national origin and should not use these characteristics with regard to promotions, assignments, termination and wages. It is also illegal to fire an employee for refusing to break a law, for filing worker’s compensation or discrimination claims, for following the company’s own stated policy, or in cases where it a contract states that the employer will implicitly not fire without cause.

Employers have been exposed to wrongful termination litigation from employees who have been with their company for some time. The median length of an employee’s employment when filing discrimination or retaliation cases is about seven years. Liability is lower with new employees.

It is important to note that there are things that employees can do to cover themselves in case of retaliation or wrongful termination. Documenting everything and keeping good records will help. Also, employees should take the proper channels and follow their chains of command to report incidents. They should also visit their local U.S. Equal Employment Opportunity Commission office. However, keep in mind that the EEOC and Human Resources is not the end all, be all, so contacting a qualified and experienced attorney would be the best bet to help one get the relief and compensation due for wrongful termination.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

December 28, 2010 in Business, Legal Articles by jferris

Multibillion Dollar Patent Infringement Judgment Under Attack

In June 2009, a federal jury in Marshall, Texas, found that Abbot Laboratories infringed a patent jointly issued to Johnson & Johnson’s Centocor unit and New York University.

Robert Wood Johnson, a New England druggist, went in business with his brothers, James Wood Johnson and Edward Mead Johnson. They began making medical dressings in 1886 in New Brunswick, New Jersey. Today, Johnson & Johnson is internationally known to be one of the largest and the most diversified health care firms. They operate in three business segments: pharmaceuticals, medical diagnostics and devices, as well as the consumer business segment.

The jury found that Abbott Laboratories owed Johnson & Johnson $504 million in patent royalties based on the sales of Abbott’s Humira arthritis drug and an additional $1.17 billion for decreased sales of Johnson & Johnson’s competing treatments. An additional $175.6 million was later added by the trial judge for interest, bringing the total judgment to $1.84 billion.

In early November, Abbott’s lawyers appeared in the Court of Appeals for the Federal Circuit to argue that the judgment should be overturned, at least on the basis that the underlying patent issued to New York University and Johnson & Johnson’s Centocor unit is invalid. Abbott’s contention is in part that Johnson & Johnson’s patent doesn’t cover the human antibodies used in Humira and that it is invalid because scientists in 1994 (the date set as the time of invention by the court) could not make fully human antibodies in a laboratory against TNF, supporting the argument that no one could claim an invention because no one knew it even existed. (TNF is the abbreviation for Tumor Necrosis Factor and it has been found that too much TNF in the body causes the immune system to attack healthy tissue that leads to inflammation. Humira blocks action of TNF, which causes the inflammation.)

While the size of the judgment in the Abbott case is unusual, Abbott’s defense is not. Whether a patent infringement verdict is worth $1 million or $100 million, defendants in patent infringement cases will almost always attack the validity of the plaintiff’s underlying patent. Whether Abbot will succeed is something we will likely not know for some time.

Gregory D. Jordan is an Austin business attorney, Austin employment lawyer, and Austin business litigation lawyer. To learn more, visit Theaustintriallawyer.com.

December 28, 2010 in Business, Legal Articles by jferris

Ask Around Industry Before Signing Talent Manager Agreements

Both talent managers and talent agents try to find work for their clients, but each has a different manner of going about things.

For example, talent managers often work with a much smaller group of clients – often a couple dozen or less – when compared with talent agencies, which can have hundreds of clients. Agents primarily deal with casting directors to place actors in particular jobs. But talent managers also have relationships with producers and directors and others in the industry.

Talent managers, in short, help guide careers and can provide more personal attention and typically have a greater network at their disposal. Naturally, they also usually charge more.

For starters, agents are licensed by the state they work in and most commonly earn their money by negotiating deals for their clients. Typically, they also enter into a client agreement which is, in pertinent part, regulated by industry labor unions such as, the Screen Actors Guild (SAG), the Writers Guild of America (WGA) and, the Directors Guild of America (DGA). Through these regulated agreements, the commissions that agents charge their clients are legally bound to a prescribed percentage. Furthermore, it should be noted that agents may not serve as a producer on their clients’ projects.

On the other hand, managers are not commission-regulated, do not need a license to “manage” and, can charge their clients 15 percent or more. . . and often do.

The length of a contract with a talent manager can vary. Managers only get paid via commission, but a really good manager will actually cover various costs for his/her client due to their belief in their success and the manager’s ability to make things happen. It is also important to also choose someone who will actually take the time to help his or her client.

An actor with little or no experience may be willing to just sign up with any manager, but it is important to take a detailed look at the contract that is being offered. More than likely it will be a “standard” contract, but there is always an opportunity to seek adjustments.

Consider Before Signing

It is prudent to research a talent manager before signing a contract. Ask for references. Research court records to see if they have been involved in any lawsuits. And ask around the industry.

Before signing, it is also wise to have an entertainment attorney review the document. The money spent on the review could be well worth the cost of future problems.

Anthony Spotora is a Los Angeles entertainment lawyer and Los Angeles business attorney. To learn more, visit Spotoralaw.com.

December 28, 2010 in Business, Legal Articles by jferris

Share A Private Plane With Others With Fractional Jet Ownership

Ever since the downturn in the economy, fractional aircraft ownership is looking more and more like an attractive option to some when compared to the outright owning of a plane.

After all, why pay for keeping an airplane in a hangar and all the other associated costs when it is not being used all the time?

Fractional Jet Ownership provides the same advantages of outright ownership – private aviation, convenience of when and where the plane is available – but with less hands-on management by the owner.

How Does It Work?

The Fractional Jet Ownership model, which has been around since the 1980s, is based on a time share-like approach. Clients purchase ownership in a jet by buying an undivided interest in a plane that is based on the value of the plane. The clients are guaranteed a certain amount of flying hours on the plane depending on the particular deal that is negotiated.

The company offering the Fractional Jet Ownership Model has an entire fleet of planes and can provide an aircraft for a client with anywhere from 4 to 48 hours’ notice. Clients often pay a management fee for the service that covers maintenance and other matters, and are assessed a usage fee for the hours that they are actually utilizing the airplane.

For businesses that need a private jet and that do not have the need for several hundred hours of usage or the headache of maintaining their own flight department, the fractional model can save time and management headaches. No longer do they have to worry about storage and maintenance, employee issues or the purchasing of an entire plane.

The number of interests in any particular aircraft can vary but can be as small as 1/16. Purchasers may be committed to retaining these shares for two to 5 years. Once that period is over, the purchaser may even be able to lease or sell the share, including back to the company for the fair market value at that particular point in time.

Again, the lack of overhead has made Fractional Jet Ownership a popular option for businesses who have the need to fly in a business aircraft but without the associated headaches.

If considering The Fractional Jet Ownership Model, it is prudent to contact several different providers and find out what arrangement is best for one’s particular situation.

Stewart H. Lapayowker, P.A. is an href="http://www.businessaviationcounsel.com">aviation attorney and aviation transaction lawyer, focusing on airplane and jet transactions. To learn more, visit Businessaviationcounsel.com.

December 28, 2010 in Business, Legal Articles by jferris

The Texas Veterans Commission Puts Veterans to Work

Created in 1927, the Texas Veterans Commission was formed to assist veterans during the Indian Wars, Spanish American War and World I. They have continued to support and advocate for veterans since then, often by helping them get the benefits they deserve after their service. Through a series of programs they enacted, the Texas Veterans Commission makes sure that veterans are well represented to improve their quality of life and provide dignity for the sacrifices they have made.

Currently, they have employees in 75 cities all over Texas and are nationally recognized for providing veteran services to help them receive their deserved benefits such as educational benefits (GI Bill and Hazelwood Exemption) by having a close, working relationship with over 1,100 schools and employers in Texas.

The programs and services they provide include Claims Representation and Counseling, Veterans Education Program (through various chapters and federal education assistance), Texas Veterans Commission for Veterans Assistance (makes grants available for charitable and veterans organizations as well as local government agencies, etc), and Veterans Employment Services – which provides employment services to veterans. The Commission recognizes women veterans also and has begun outreach programs designed and targeted specifically for them.

The Texas Veterans Commission has now teamed up with the State Bar of Texas to start the Texas Lawyers for Texas Veterans program. The Commission will provide claims counselors to help veterans with their claims at local legal clinics all over the state. The counselors will also help out with Veterans Court, an access to justice, to help combat veterans with brain injuries and post-traumatic stress disorder with legal assistance. A Veteran’s Court branch has already been implemented and approved for Smith County.

To be eligible for representation and support through Veterans Court, a defendant must be a veteran who was honorably discharged on active duty or in the reserves. The veteran must also meet the Veteran’s Administration eligibility criteria and be a legal resident of Texas and a U.S. citizen. Also, the qualified veteran must have a pending misdemeanor or felony offense.

To find out whether you are eligible for any of the veteran programs and benefits go to the Texas Veterans Commission website at http://www.tvc.state.tx.us/.

The Gomez Law Group consist of Dallas based labor and employment attorneys that can also help veterans with their legal needs.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

December 10, 2010 in Business, Legal Articles by jferris

Open Source Is An Interesting Conundrum When It Comes To Trademark Issues

Is open source technology subject to trademark issues? This is a question that has two sides to it.

Currently, a large portion of the open source community, referred to as OpenStack, is working on a set of rules that actually let anyone take the software from their open source project and do whatever they want with it. Yes, including sending it all over the place and reselling it, if that’s what the person taking it wants to do with it.

In any other company or group on the planet that was developing software, one of the first issues they’d want to deal with is trademark protection, patent protection, patent infringement, etc., provided they weren’t working on other open source technology, such as Open Office.

OpenStack is a compilation of open source products that offer secure, scalable, standard-based cloud computing software solutions. They are in the midst of tweaking OpenStack Compute and OpenStack Object Storage. Who uses this software? Anyone who needs it can use it, ranging from service providers to corporations and from researchers to global data centers. All of the code is available to anyone, because they believe in the open development model.

Other open source projects do have trademark policies, but the mostly focus on who cannot and who can use the trademark. This is what people find amazing. You’d expect that the policies would deal with who could and could not use the software, so it comes as a bit of a surprise to find out that if you’re dealing with open source technology, all you can protect is the trademark itself and not the product.

Here’s how open source trademarking is protected. The rules are usually written that anyone may use the trademark for general community promotion and that anyone may use the mark if they are shipping a product that is based on the open source technology. So far, so good. But there is a bit of a glitch and that has to do with each particular open source community, meaning, each community has their own set of rules that outlines what they feel is a product that people may take and use open source technology in.

It’s the “what is a product” part of the equation that makes it very difficult to figure out what is trademarked and what is not. This is largely due to the fact that the whole reason for being for the open source community is for others to take what you may have worked on as a solution, tweak it, perhaps modify it, improve it and then pass it on to someone else, without any restrictions.

While it may sound like all the community needs to do is just figure out who gets what, when and why, the needs and reality of the open source community has to be in balance with customers outside the open source community. For instance, in OpenStack’s case, they offer two endeavors that can either go together or remain separate. It’s up to the end user as to how they want to use the technology. This has the potential to create interesting problems legally.

To learn more about David Alden Erikson, Attorney at Law, visit Daviderikson.com. Mr. Erikson specializes in Los Angeles fashion law, internet law, business litigation, trademark and copyright law

December 9, 2010 in Business, Legal Articles by jferris

This Trademark Infringement Case May Be A Difference Without A Distinction

Once again things are hitting the fan over trademark infringement. But, is it truly trademark infringement?

In the news lately is the story that Apple, who always seems to be walking a bit on the wild and woolly side, is being accused of trademark infringement over its use of the iPad name. While the lawsuit is being brought by a smaller company, they are serious in pursuing what they feel is a valid case.

Proview Technology, also known as Shenzhen Co., indicated to the media that they have plans to file a lawsuit against Apple for using their registered trademark – iPad – on the Chinese mainland. This is a big step for this small company, as they are in financial hot water, allegedly as a result of Apple selling the iPad on the Chinese mainland and using the same name. While it seems the two companies have met over this issue, there was no resolution of the dispute and no agreement relating to compensation.

Apple isn’t saying much. In fact, they aren’t saying anything in light of the threatened lawsuit. Proview, on the other hand, is quite vocal about taking the giant to court. The date of the lawsuit is not yet clear, but Proview’s spokesperson did indicate they would seek compensation that would include what they consider to be significant financial losses from the dismal sales of Proview’s desktop computers, or iPads, when they were released on the Chinese mainland.

This lawsuit is important for another reason. Proview is struggling to restructure a $200 million debt with creditors and should the win this trademark infringement suit, they may find their way back to financial stability sooner rather than later. Of note is that Proview owns Proview Electronics, considered to be one of five of the largest computer monitor manufacturers globally.

The rest of the story goes that Proview Electronics registered the iPad trademark in Europe and other parts of the world. In 2001, Proview Technology (Shenzhen) registered the trademarks for iPad on the Chinese mainland. Here is where things take a turn for the questionable. Apple bought the trademark for Proview International’s subsidiary in Taiwan in 2006 for $55,000, but, did not get the Shenzhen branch’s trademark rights. Therein lies the problem and the foundation for the lawsuit.

Will they be successful? Will the courts find that Apple is indeed infringing on Proview Technology’s trademark? Or is the fact that the rest of the same holding company, Proview International, sold the trademark in 2006 going to affect the decision? Can a branch of the parent company be considered separate in cases like this?

It is an interesting case to be sure and one that may have the potential to set a precedent, but only time will tell.

To learn more about David Alden Erikson, Attorney at Law, visit Daviderikson.com. Mr. Erikson specializes in Los Angeles fashion law, internet law, business litigation, trademark and copyright law.