Copyright law is important and in my opinion an extremely important aspect of the art and creative world. Of course, some argue that copyright law is stifling and keeps artists from being able to fully express themselves through their work. No matter what side you sit on, the law is in place to protect the original works of authorship each …
Right of Publicity and the Social Media Influencer
What is the Right to Publicity? The right of publicity is defined as the individual’s right to control and earn a profit from the commercial use of his or her likeness, persona, and name. I will refer to this as the “identity” throughout the article. This particular body of law has been developed over the years as a way to …
Licensing Agreements Continued
I have mentioned licensing in previous posts, YouTube videos, and articles here on the website. But, I wanted to take a more in-depth look at licensing and help shed some light on why this might be something your business should consider when planning out the future. What does Licensing mean? Simply put, a licensing agreement is an arrangement between two …
What the Fitness Industry Needs: An Attorney’s Perspective
I had been connecting with industry leaders for a few months, really making a push to get to know some of the top influencers and companies in the fitness industry. I had this itch to figure out what the heck they needed from an attorney. This was of course, before I launched my firm and set out to serve these …
Terms of Service: Legally binding? Yes, if done properly
There seems to be quite a bit of confusion on the internet as it pertains to the terms of service most websites have you click before using the site. Or, as it is better known that pesky little “I agree” button. Are they legally enforceable? Is it a binding contract? Do I have to actually do what the terms say? …
Do you work with brands? Influencer Marketing Agreements
I’ve talked about this before on my various social media platforms. Which, if you aren’t following me you should—MontgomeryLawPllc on IG and Facebook. Actually, I’ve talked about it often. Influencer marketing has proven to be wildly effective. It is a regular practice for most marketers and brands. A recent survey showed that 86% of marketers were using influencer marketing just …
How to Negotiate Like a Pro
I went to law school because initially I wanted to be a sports agent. I have always had a passion for the art of negotiation. I think it is undervalued by the average person. Most attorney’s understand it and utilize it when needed, which is likely all the time. I know from working with my clients that negotiating contracts is …
Online Coaching Risks & Liability
Personal training insurance is widely used by trainers who train on their own, and in gyms. Because, lets face it, when you are proscribing someone an exercise protocol sometimes that person is going to get injured. And being the litigious society that we are, that person may decide to sue you. But do trainers who only train their clients solely …
Copyright Basics for online Entrepreneurs:
Intellectual property is often a company or brands largest asset. Although, if you ask most business owners—big or small— to value their intellectual property they’ll throw out something like 15-20% of their valuations. In reality, many of the world’s largest companies valuations are 90% based on their intellectual property. Most online businesses and entrepreneurs fail to realize that a large …
Licensing Agreements: Make more Money
What is a license or licensing? A license just means that you are giving someone else the permission to use your intellectual property, your copyrights, trademarks, and patents. Most people only think you can license pictures and music but in reality you can license ANY of your material. For example, lets say you wrote a very popular Ebook on tracking …