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© 2009-2018 Dana H. Shultz, Attorney at Law

Design Copyright Explained

Copyright Office logo fo Dana Shultz post about design copyrightMany people are familiar with copyrights for literary and musical works, movies, and the like. This post is about a different type of copyright, the design copyright.

Title 17, Chapter 13 of the United States Code contains the relevant statutes.

Design Copyright Elements

17 USC Section 1301(a)(1) identifies the basic elements of a design copyright (emphasis added): (more…)

” Legal Tender ” Does *Not* Mean that You Must Accept Cash

Logo for Quora, where Dana Shultz answered a question about legal tenderThis post about legal tender is a bit off-topic for this blog. However, I am writing it because it clears up a common misunderstanding, about which I recently wrote on Quora. Please see On every US dollar bill the message “This note is legal tender for all debts public and private” is printed. How is it then legal for some businesses to not accept cash?

The U.S. Department of the Treasury discusses whether the “ legal tender ” language on U.S. currency requires that cash payments be accepted. Quoting a portion of Legal Tender Status (link and emphasis added): (more…)

Creative Commons Commercial Licenses

Creative Commons logo for post about Creative Commons commercial licensesThis post is about Creative Commons commercial licenses. After describing each license, it discusses when you might want to use each license.

Creative Commons provides a summary of its various licenses at About The Licenses. (more…)

Assignment and Delegation in Contract Law

Logo for Quora, where Dana Shultz answered a question about the terms assignment and delegation under contract lawAssignment and delegation are terms that have specific meanings in U.S. contract law. I am basing this post on a Quora answer that I wrote recently. Please see What are assignment and delegation in contract law?

In contract law, “assignment” can have a narrower meaning and a broader meaning. To start, I will discuss the narrower meaning. (more…)

Canonical Questions on the Law™ Series Explained

Logo for Quora, where Dana Shultz created the Canonical Questions on the Law™ series of questions and answers about legal issues, concepts and terminologyThis post explains what the Canonical Questions on the Law™ series is. Equally important, this post explains why I created that series of questions and answers about legal issues, concepts and terminology.

I have been active on Quora, a question-and-answer site, since 2010. In a significant change, Quora recently limited questions to 250 characters. Users no longer are able to include lengthy paragraphs containing question details. (more…)

How Much Can My Product Look Like Another Company’s Product?

Logo for Quora, where Dana Shultz answered a question about "How much can my product look like another company's product?"This post discusses how much one company’s product can look like another company’s product without creating intellectual property problems. It largely copies a Quora answer that I wrote recently. Please see How much can my product look like another company’s product without infringing the other company’s intellectual property rights in that product? (more…)

Do We Need One EIN or Two?

Internal Revenue Service logo, for post about whether a business needs one EIN or twoThis post is the result of an email exchange that I had with a foreign entrepreneur. He raised a question that I had not previously considered: When should a business have one EIN (Employer Identification Number), and when should it have two? (more…)

DBA – Notice, but No Protection

Logo for Quora, where Dana Shultz answered a question about a DBA providing notice but not protectionThis post discusses the purpose of a DBA (which is an abbreviation for “doing business as”). This expands upon a Quora answer that I wrote recently. Please see Can someone use my DBA if I operate as a sole proprietor?

Terminology

To start, I will note that business people frequently use the term “DBA”. It is short and easy to say, and people readily understand it. (more…)

Which Types of Intellectual Property Can Protect an Idea?

Logo for Quora, where Dana Shultz answered a question about types of intellectual property protectionThis post explains why the various types of intellectual property (“IP”) cannot protect a mere idea. However, IP may protect items that one creates based on such an idea.

I first wrote about this subject on Quora. Please see Which types of intellectual property protection can I receive for my idea? (more…)

What is a Corporation’s Incorporation Date?

Logo for Quora, where Dana Shultz answered a question about a corporation's incorporation dateThis post explains how a state assigns a corporation’s incorporation date and how you can find the incorporation date for a given corporation. I first wrote about this in my answer to a Quora question. Please see What is the date of incorporation? Is it the date the articles of incorporation are adopted and signed, or when the state agency accepts them (USA)? (more…)