by eclewis | Jan 14, 2015 | Business News
Continuing our ongoing discussion of mentorship as part of National Mentoring Month, we already looked at how to be a great mentor, and this time we will take a look at the other side of the mentoring relationship and talk about how to be a great mentee. If you are having trouble finding a mentor in your industry, look here for tips.
As a mentee, it is important to remember just how fortunate it is to have a mentor and how valuable their time is. Remember to always be respectful and understanding of your mentor’s time and look for ways to make scheduling easier for both of you. Make sure that you are thoughtful and putting in all the necessary effort to develop this relationship. Look for ways to show your appreciation by writing thank you notes and look for ways to do something for them when you can.
If there is a significant age (or other) difference between you two, remember to appreciate and understand where they are coming from. If it is age, keep in mind that while technology and other aspects of the modern world has changed, most of the fundamentals underlying the way businesses function have not, and there is still much you can learn about them. Understanding how things got to be the way they are and how people used to work in those conditions can provide great insight in today’s world and how to avoid making mistakes of the past. Remember that newer is not always better.
Mentors can be intimidating and it is easy to feel overwhelmed and a little afraid to ask questions. However, asking questions is an essential part of any mentor-mentee relationship, and you should work hard to be confident and not to hesitate to ask thoughtful questions. Neither one of you benefits from a lack of comprehension, so do not be afraid to politely interrupt your mentor, so you can follow along and understand what they are telling you. Nevertheless, this should not be a shortcut to knowledge, and you should be sure that you are putting in your fair share of outside effort to learn so that they are not babying you along the way. Your mentor should let you know if a question is one that they cannot answer or if they need more time to think about it before answering. Candid conversations are important in developing an honest relationship between you and your mentor, so remember to be honest and be prepared to listen to criticism that may be blunt at times.
Think of the mentor-mentee relationship as a two-way street. While sometimes it may be hard to see what you have to contribute, remember that just providing a fresh perspective on something, even if it is a less-experienced one, is still useful in and of itself. Over time, you will learn what your mentor is an expert on and what areas they may have room for growth that you may be able to help facilitate through your own expertise. If you put in the effort, respect, and appreciation, you will be on your way to being a great mentee that will be able to achieve more of your personal and business goals through this rewarding relationship.
If you need legal assistance with your next business goal, 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 | 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?
Elizabeth Lewis is an experienced software licensing attorney in Denver. If you have questions about how to create a license for a software, Contact the Law Office of E.C. Lewis today!
by eclewis | Sep 23, 2014 | Business News
Last year, Colorado, with the passage of HB 13-1138, the “Public Benefit Corporation Act of Colorado,” joined a growing minority of states that have passed legislation enabling the incorporation of “benefit corporations.” Benefit corporations are a corporation that can be structured as a C-corporation or S-corporation but are specifically committed to benefitting the public, in addition to making profits. Directors of benefit corporations are charged with balancing the interests of shareholders with the interests associated with supporting public benefits. This legislation allows both new and existing corporations to become benefit corporations.
These public benefits can include educational, environmental, charitable, religious, cultural, scientific, and other types of publicly beneficial causes. However, benefit corporations are able to state more than one cause that they wish to support. This can allow for some flexibility within the company in the kinds of goals they will support.
Some well-known examples of benefit corporations include Patagonia, Etsy, and Warby Parker. Here in Colorado, GoLite, a Boulder-based outdoor apparel and equipment company, New Belgium, the Fort Collins-based brewery, and others have decided to become benefit corporations.
While many corporations feel that charitable giving is part of their social responsibility and choose to give to such causes without being a benefit corporation, shareholders of benefit corporations are given the unique power to take legal action against the management of the benefit corporation if they are not producing public benefits. Conversely, it is rare, if not impossible, for shareholders of regular corporations to be able to take such legal action over charitable or public benefits foregone by a regular corporation.
Some see the development of benefit corporations as an exciting new era that demonstrates a commitment to corporate social responsibility. Others view them as potentially tying the hands of corporate management, especially if the company hits hard times, since regular corporations can still choose to give charitably. As a result, it will be interesting to see how these benefit corporations change the corporate world and how it will effect how companies try to generate both profits and public benefits.
If you have questions about setting up a corporation of any kind, be sure to 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.
