by eclewis | Feb 11, 2015 | Business News
As a way of celebrating Valentine’s Day in the small-business context, this post will focus on small business and loving it! That being said, a recent study found that adults who “feel younger” than their actual age lived longer. What does that mean to feel younger? It’s all about enthusiasm, excitement, and a generally positive outlook. The same kind of feelings as when you are in love! Owning your own business is an exciting opportunity that will no doubt spark that youthful enthusiasm, but even if your business has been around for a while, it is important to keep that love alive. Doing so may not only help keep your business around longer, but it may also keep you feeling younger.
Think about this. People that are working for themselves or even for small businesses generally take a lot of pride in the work that they do, and that is because they can directly see the results of their hard work. They get a chance to see their satisfied customers and are able to feel like they are a meaningful part of the company. Many who work for large companies miss out on this same satisfaction. Small business owners or their employees get more variety and flexibility with their daily work, which can help keep you interested and excited about what you are doing and loving what you do.
A survey found that people who own or start their own businesses are happy with what they do and want to keep doing it. One study showed that newly-minted MBAs are happier starting their own company or working for small business than their big corporate counterparts. Another survey found that entrepreneurs are among the happiest people in the world.
Sure, starting a business and keeping it going can be very challenging but keep thinking about these exciting positives to small business and you will start to love your business even more, which will no doubt bring benefits to you and your employees in both their careers and personal lives.
If the business you love is in need of some legal assistance, or if you are ready to start your own, do not hesitate to reach out to the Law Office of E.C. Lewis, PC, home of your Denver Business Attorney, Elizabeth Lewis, at 720-258-6647 or email her at elizabeth.lewis@eclewis.com.
by eclewis | Feb 4, 2015 | Business News
Recently, oil prices have seen a significant drop in prices, leading to low costs for energy and gasoline across the country. These lower prices are putting more money into the pockets of consumers to spend more money elsewhere in the economy and also for many businesses. It is expected that this will lead to an increase in hiring in many areas of the economy, especially if these low prices continue.
For example, hiring is expected to increase in the areas that will see direct benefits to these lower oil prices such as automotive manufacturers and dealers and also trucking and other shipping companies. Additionally, hiring is rising for restaurants, likely due to consumers now having more money in their pockets because of the lower gas prices, which they can now spend eating out. Restaurants related to both areas like drive-ins are especially showing increased sales as a result.
However, these lower prices are not good news for hiring in other areas. Naturally, the energy sector is facing the biggest losses due to these low oil prices. Energy companies have had strong growth over the past few years due to the increased oil and gas drilling that has been going on, but with these lower prices they are already experiencing large layoffs of their employees. This is clearly concerning for those working in the energy sector, which represents about 1.4% of U.S. employees.
This news, like most economic news, is good for some and bad for others, but at least this time the economy overall is expected to see increased employment, wage growth, and other expansionary benefits like lower inflation because of the lower energy prices, which will hopefully keep the economy and businesses overall in good health.
If you are considering hiring new workers for your business, there are many legal considerations that you may need assistance with, do not hesitate to reach out for legal help and guidance from the Law Office of E.C. Lewis, PC, home of your Denver Business Attorney, Elizabeth Lewis, at 720-258-6647 or email her at elizabeth.lewis@eclewis.com.
by eclewis | Dec 18, 2014 | IP Law
Recent developments coming to light regarding the use of music in torture by the CIA in Guantanamo indicated that Canadian industrial band Skinny Puppy’s music was one of the artists whose music was being used. As a semi-serious response, Skinny Puppy has since invoiced the Federal Government for $666,000 for the use of their music without permission or licensing from the group and is considering a lawsuit.
Skinny Puppy’s self-described “unsettling” music being used in torture was not surprising to them, but they were not very happy about it. It is interesting given the group’s history as well. Skinny Puppy has been a long-time proponent for animal rights and against animal dissection and other practices that Skinny Puppy considers akin to torture of animals.
While there have been numerous reports over the years of different music from Metallica to Sesame Street being used in such ways, nobody has appeared to try and take legal action for it yet. Nevertheless, it would likely end up being a long and unsuccessful road trying to fight the Federal Government against these practices.
Owners of copyrights have the exclusive rights to all of the following under 17 U.S.C. § 106, and if you do one of the following without being an owner then it would classify as copyright infringement:
(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.
Since there is no evidence the government copied or distributed Skinny Puppy’s music, it looks like the big question is whether or not using the music in a prison in Cuba would constitute a “public performance” under the law or if the government is otherwise protected in its use. It will be interesting to see how much further this action goes.
If you have questions about copyright or other intellectual property rights for your music or business, contact the Law Office of E.C. Lewis, P.C., home of your Denver Business Lawyer, Elizabeth Lewis, 720-258-6647 or email her at Elizabeth.Lewis@eclewis.com.
by eclewis | Nov 17, 2014 | Online/Social Media Law
For many businesses trying to sort through applicants for an open position at their company, it has become routine to run a Google search of applicants to find out more about them. This can quickly lead to finding their Facebook or other social media account, but did you know that some employers have begun asking for applicants’ Facebook passwords during interviews to look at their activity? In Colorado, you could face serious legal liability for such actions.
Trying to find out as much as you can about an applicant or employee is understandable. For businesses both big and small, nobody wants to waste time, energy, and company resources bringing someone in for an interview that will not be a good fit, but a line must be drawn. Many workers feel their personal privacy is seriously invaded when employers go digging into their personal online accounts.
With these concerns in mind, several states have begun passing laws to combat this practice. In may of last year, Colorado passed C.R.S. § 8-2-127, a so-called “Facebook Law,” which restricts employers’ ability to get social media and other personal online account information from applicants or employees.
While running a Google search and pulling up any publicly available information about an applicant or employee is permissible under this law, employers cannot suggest, request, or require an applicant or employee to disclose means for accessing their personal accounts or services (this includes usernames and passwords). Under this law, you also cannot suggest, request, or require an applicant or employee to change their privacy settings (to make their accounts public for example) or to have them “add” the employer or someone acting on behalf of the employer to their friends list. If an employee or applicant refuses to comply with these kinds of actions from an employer, then it is unlawful to penalize or refuse to hire them because of their refusal.
There are a few exceptions to this law, but aside from allowing the employer to freely view publicly available information, they are pretty narrow. Other exceptions include investigations pertaining to compliance with financial laws and regulations and the unauthorized download of employer proprietary information to a personal web-based account or website.
If you would like to discuss this or other legal concerns related to your employees or the hiring process, be sure to reach out to the Law Office of E.C. Lewis, P.C., home of your Denver Business Lawyer, Elizabeth Lewis, 720-258-6647 or email her at Elizabeth.Lewis@eclewis.com.
by eclewis | Oct 15, 2014 | IP Law
We’ve already discussed the most popular open source software license, the GNU General Public License (GPL), as part of our series on open source software licenses, but this time we will review a common variation of the GPL known as the Lesser GPL and the Apache License.
As a reminder, open source software licenses generally allows users to make use of, change, and share the software with others without limitation, while also providing the complete source code to the user.
The GNU Lesser General Public License (LGPL)
The LGPL is essentially the same as the GPL and it will keep the LGPL licensed software free, but there is one critical distinction. It allows users of the LGPL software to combine it with other software, whether it is free or proprietary. This is done in a relatively simple fashion by taking the original GPL and adding permissions to it (this is done by removing section 3 of the GPL and replacing it with the LGPL language).
If you want to permit your software to be combined with proprietary software, use the LGPL, if you want to restrict it to being combined with freely distributable software, go with the GPL. To release software under the LGPL, simply add “Lesser” before “General” in all three places found in the instructions to the GPL, and include the text of the LGPL in addition to that of the GPL with the software and source code.
Apache License
Apache is another popular open source software license that is used for the Apache Web Server software, which is and has been the most popular web server on the internet since 1996. It is also the license used by Google for the Android mobile operating system.
The Apache License is different from the GPL in that it does not use any “copyleft,” meaning it does not require modifications or derivative works of the software to also be licensed under the same terms as the original software. You are also not required to provide the source code when you distribute the software to others.
Like the GPL and LGPL, the Apache license disclaims warranties, protect you from liability and others patenting your work, and requires them to give you credit in their future works, as well as note any modifications to it. Therefore, if you are not interested in “copyleft” limitations, the Apache license may make sense for you.
This is the language you use to apply the Apache License to your software, which includes a link to the full language:
Copyright YEAR NAME OF COPYRIGHT OWNER
Licensed under the Apache License, Version 2.0 (the “License”);
you may not use this file except in compliance with the License.
You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an “AS IS” BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.
Need An Attorney to Create a License for Software?
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