Articles and FAQs
This section contains articles drafted by Saper Law Attorneys, links to sites of interest, and answers to frequently asked questions. Feel free to browse through the recent postings below, or use the topics list on the left to search for articles in a specific area of law. Please note that none of this material constitutes legal advice. You should confer with an attorney to discuss legal matters specific to your situation. Check back for updates or use our online form to submit a question.
Daliah Saper interviewed on ABC News regarding Facebook and Privacy Laws
By Saper Law | August 14, 2011
On August 11, 2011 ABC Reporter Ravi Baichwal interviewed Daliah for a segment titled:
Is Facebook posting phone numbers sans permission?
August 11, 2011 (CHICAGO) (WLS) — Facebook moved to debunk a rumor on the Internet Thursday that users’ phone numbers were accessible to all through individuals’ contact lists.
It is true that a Facebook user can see the phone numbers of their friends, but only those that included that number as part of their Facebook profile. The rub is that those who have imported their personal contact lists to Facebook, say from smartphones, will have those numbers displayed to a user’s other friends, upsetting many, even though Facebook says it is nothing new.
Around the Internet, messages much like this flashed:
I don’t want my number on the internet!!
All phone numbers from your phone are now on Facebook!It’s a function of privacy settings on Facebook that allow contact phone numbers to be shown to others, depending on the settings you choose. Facebook says that is not new.
“User beware, if you want to avail yourself of the features of Facebook, then you need to understand the rules that govern that usage,” said Internet lawyer Daliah Saper.
Saper has a long list of web-based business clients and counsels regularly on the need to protect one’s privacy on the Internet.
“Put out only information that you know and expect others will see and you have set a lot of privacy limitations around it,” Saper said.
Read more here: http://abclocal.go.com/wls/video?id=8302211
Topics: Internet Law, Press, Tech Industry |
Daliah Saper Lectures at Illinois Institute of Technology NetSecure 2011 Conference
By Saper Law | March 23, 2011
This Thursday, March 24, Daliah will be speaking at IIT’s NetSecure2011. Here is the abstract of her presentation:
Anonymity Online: When Should Your IT Department Reveal Information Related to an IP Address? The explosion of computer technology and communications has spawned a new area of litigation and legal concerns with regard to the constitutional expectation of privacy in Internet communications. The Stored Communications Act, 18 U.S.C. § 2703, enacted in 1986, represents Congress’ attempt to strike a fair balance between the privacy rights of individuals who have entrusted the contents of their electronic communications to Internet service providers and the government’s legitimate interest in gaining access to such communications when investigating crimes. Daliah Saper, Principal Attorney for Saper Law Offices, LLC will discuss the interplay between the Stored Communications Act and Petitions for Discovery in a corporate setting. She will also field questions about related laws such as the Communications Decency Act.
Topics: Internet Law, Tech Industry |
Daliah Saper Interviewed on Fox News: The Department of Education Eyeing Facebook
By Saper Law | March 18, 2011
Watch the Interview here:
The Department of Education Eyeing Facebook
The government wants schools to oversee teens’ online activities to battle cyber-bullyin
Topics: Internet Law, Press |
Saper Law Counsels Mobile Application Developers
By Saper Law | February 25, 2011
Saper Law regularly assists software developers, web-based businesses, and other new and social media companies. In recent months, many of these clients have been focusing their energies on developing mobile applications to diversify their revenue streams. To this end, Saper Law has and continues to provide counseling and transactional services for entrepreneurs and corporations seeking to clear the legal hurdles of bringing these mobile applications to market.
Daliah Saper first lectured to businesses pursuing mobile applications in March of 2010 when she presented to Day of Mobile conference attendees. She has also provided variations of this lecture to the Chicago Bar Association and at Mobile Tech Cocktail.
Some highlights from the presentations are outlined below. To schedule a consultation with Dalaih Saper to talk about your mobile application idea visit www.tungle.me/saperlaw or call 312.527.4100.
Clearly define the ownership rights
No matter what business entity under which you decide to operate, make
sure you know who owns the rights to your app. If you are a sole proprietor, and you are the only one writing the code, then the answer to this question is easy –it’s you! However, if you hire freelancers, use open source code, or operate as a general partnership, multiple member limited liability corporation (LLC), or corporation (Corp), then you will need carefully drafted contracts to properly define who owns what.Starting any business can lead to problems without clearing up rights as to ownership. For example, does the business itself own the rights to the app, or do the partners own those rights as co-owners? In U.S. copyright law, co-owners or joint-authors each hold an undivided share in the copyright. Co-ownership may restrict some ownership rights, such as the right of survivorship; if a co-owner dies, then ownership interest in the copyright passes to the deceased’s heirs, rather than the other co-owners.
The key to successfully developing and quickly profiting from your app is to clearly define your ownership rights. Once that is settled, you can tackle more substantial business decisions, such as licensing, sales, and joint ventures.
Protect your work
You have put a lot of hard work into developing your mobile app, so protect it! One important way to protect your work is to trademark your app’s name, and copyright your app’s software.A trademark is a distinctive sign or symbol that is used to identify your app, and distinguish it from similar or competing products. You will have a common law trademark as soon as you start selling your app, but a federally registered trademark will allow you to protect your app’s name anywhere in the United States, even if you have not yet started transacting in other states.
A copyright protects an original, creative work fixed in a “tangible medium” (that is to say, you have to be able to read it, see it, or hear it). As soon as you meet these requirements, you enjoy exclusive rights to reproduce the work, prepare derivative works, distribute copies, or display the work publicly. However, officially registering a copyright for your app provides additional benefits as well. If your work is infringed, registration will not only protect the rights inherent to your work, but also make you eligible for statutory damages up to $150,000 and attorney’s fees.
But remember, you can only register a copyright for the original elements of your app that you have authored. Any code that you have licensed (including open source code) cannot be copyrighted.
Follow the rules
Now that your app is ready for launch, be sure that you have access to the launch pad. Online stores like Apple’s App Store and the Android Market are key distribution centers for online applications, but you must abide by their policies in order to use them.A common policy you will likely find in every app store is that your application shall not infringe on the intellectual property rights of others, meaning that you cannot incorporate or copy the trademarks, copyrights, or similar rights of any other person. If this policy is broken, your app will not only be banned from the app store, but you also open yourself up to lawsuits from the original owners.
If you have any questions about the legal issues affecting mobile application developers just schedule a call with us by calling 312.527.4100 or visiting www.tungle.me/saperlaw to set up an appointment.
Topics: Copyrights, Internet Law, Software Development, Tech Industry, Trademarks |
Watch Daliah Saper’s TV interview regarding “Managing Your Reputation Online”
By Saper Law | February 4, 2011
Daliah Saper was recently interviewed by Mark E. Goodman on CanTV21 about the steps that individuals and businesses need to take to protect their online reputation. During the show, Daliah discussed the elements of a defamation claim as well as the protections afforded to internet service providers by the Communications Decency Act. Watch the video here:
Topics: Defamation |
Register for November Seminar at Saper Law: The Skill and Art of Negotiation
By Saper Law | November 8, 2010
REGISTER for the November Seminar at Saper Law:
The Skill and Art of NegotiationAs transactional lawyers and litigators, Saper Law attorneys regularly negotiate on behalf of their clients. However, most business negotiations take place before lawyers are involved. November’s Seminar at Saper Law will teach you how to successfully negotiate your business deals.
During the hour long seminar, Daliah Saper, Principal Attorney at Saper Law, will address the following commonly asked questions:
What are the common barriers to a successful negotiation?
Which bargaining style is most effective?
How do you prepare for a successful negotiation?
What questions do you need to ask during the negotiation?
What clues does your counterpart’s body language give away?
RSVP today to get the answer to these, and other questions, on November 22nd.Details:
Monday, November 22, 2010
Time: 11:30 am – 1:00 pm
Saper Law Offices, LLC
505 N Lasalle, Suite 350
Chicago, IL 60654Cost $15 with online registration: http://sapernegotiationseminar.eventbrite.com/
$25 at the doorLunch will be provided
Topics: Seminars at Saper Law, Small Business |
Register Now for October’s Seminar at Saper Law: Non-compete, Shamcompete—those contract terms aren’t enforceable anyway….right?
By Saper Law | October 8, 2010
Register Now for October’s Seminar at Saper Law: Non-compete, Shmamcompete—those contract terms aren’t enforceable anyway….right?
Saper Law attorneys regularly draft non-compete, non solicitation, and non disclosure agreements. At the same time, they are in court litigating the enforceability and applicability of these agreements. October’s Seminar at Saper Law focuses on all things “non compete.”
During the hour long seminar, Daliah Saper, Principal Attorney at Saper Law, will address the following commonly asked questions:
- What do the provisions of a non-compete really mean?
- How is a non-compete different from a non solicitation clause and from an NDA (Non-disclosure or confidentiality agreement?)
- When do I need to present a non-compete agreement to my employees or vendors?
- As an employee, how does a non-compete limit my activities outside of work?
- Are covenants not to compete really enforceable?
RSVP today to get the answer to these, and other questions, on October 21st.
Details:Thursday, October 21, 2010
Saper Law Offices, LLC
505 N Lasalle, Suite 350
Chicago, IL 60654
Time: 11:30 am – 1:00 pm
Cost $15 with online registration: http://noncompeteseminar.eventbrite.com
$25 at the door
Lunch will be provided
Topics: Seminars at Saper Law, Small Business, Tech Industry, Trade Secrets |
Saper Law’s Music Law 101 Seminar is now available for viewing!
By Saper Law | June 23, 2010
Video from Saper Law’s Music Law 101 Seminar is now available at www.saperlaw.com and http://rvibe-live.com/101.html&vid=18:
Topics: Copyrights, Seminars at Saper Law |
Saper Law Attorneys draft Sweepstakes and Contest FAQ
By Saper Law | June 5, 2010
Saper law’s Advertising and Media Law Practice has put together the following Sweepstakes and Contests FAQ to assist businesses launching a promotional campaign. Both state and federal laws govern the use of sweepstakes and contests for advertising purposes.
Sweepstakes and Contest FAQ
While a contest or sweepstakes can be a great way to get word out about a business, businesses using these promotions must comply with both federal and state laws regulating them. The following are some questions a business might have when conducting a contest or sweepstakes promotion.
What is the difference between a sweepstakes, lottery, and a contest?
Before a company decides if its promotion is a sweepstakes or contest, it must make sure the promotion is not an illegal lottery. A lottery consists of three elements: (1) a prize, (2) consideration (payment), and (3) chance. In other words, a participant pays for the chance to win a prize, like purchasing a ticket in the hopes of winning millions of dollars in a legal, state-run lottery. A company must eliminate one of those three elements to be sure the promotion is not a lottery.
A contest, on the other hand, awards prizes based on skill, including art contests, cook-offs, or trivia contests. Because the element of chance is eliminated, companies can require consideration for entry into the contest.
Talk to your lawyer to determine whether your advertising campaign constitutes a sweepstakes, lottery, or a contest.
Are there state laws governing sweepstakes?
Yes. Each state has a different set of laws governing promotions, but most notably, Florida, New York, and Rhode Island require sweepstakes offering prizes over a certain value to be registered.
Companies offering a sweepstakes that awards prizes totaling more than $5,000 must register and bond the sweepstakes in Florida and New York. In Florida, the sweepstakes must be registered seven (7) days before the sweepstakes begins; in New York it must be registered thirty (30) days in advance. Both states require the company to provide a list of winners to the state and to anyone who requests it.
Rhode Island requires retail outlets offering a sweepstakes with prizes valuing more than $500 to register the promotion with the state. The state does not require companies to bond the sweepstakes.
Are there state laws governing contests?
Yes, contests are also subject to specific state laws. For example, for contests that require a purchase to enter, Arizona requires the company to register the contest with the attorney general’s office, including a sworn statement that no additional fee was added to the purchase price in connection with the contest. This is only a sample of the unique requirements of each state’s laws.
What federal laws apply to contests and sweepstakes?
A number of federal laws apply to promotions. Determining which laws apply is largely governed by the medium through which the promotion is conducted.
Promotions conducted by mail are subject to the Deceptive Mail Prevention and Enforcement Act. The act requires promotions mailings to include all terms and conditions, the address of the company conducting the promotion, and prize information such as odds of winning, estimated value, and schedule of payments. For sweepstakes, the company must specify that no purchase is necessary to enter the sweepstakes.
E-mail promotions are subject to the CAN-SPAM Act of 2003. The act requires the sender of e-mails to clearly identify the e-mail as an advertisement, to provide the opportunity for the recipient to opt out of receiving e-mails from the sender, and to provide the sender’s physical postal address.
Promotions by phone must adhere to the Telemarketing Sales Rule. The rule requires the caller to inform the person called the odds of winning a prize, that no purchase is required, that a purchase will not increase the chances of winning, and information on, or how to obtain, the no-purchase/no-payment form of entry.
Additionally, promotions on the internet must take into account the Children’s Online Privacy Protection Act (COPPA), which requires websites who direct their services at children and collect personal information from children to provide notice of what personal information is collected, how it is used, and the website’s disclosure practices. The act also requires websites to obtain “verifiable parental consent” to collect the information.
What are the rules for conducting a promotion through a social networking site?
To conduct a promotion through a social networking site, a company must also comply with the particular site’s terms. Facebook, Twitter, and YouTube all outline guidelines for conducting promotions through their websites. Facebook’s promotions guidelines can be found at http://www.facebook.com/terms.php#!/promotions_guidelines.php, Twitter’s at http://help.twitter.com/entries/68877-guidelines-for-contests-on-twitter, and YouTube’s terms at http://www.youtube.com/t/terms.
What should be included in the promotion’s rules?
The basic guidelines for what should be contained in sweepstakes rules include: a “no purchase necessary” statement, entry procedures, any limits on the number of entries per person, the end date of the sweepstakes and any other deadlines, prizes and their estimated value, the method of selecting winners, geographic scope, eligibility requirements, date winners will be selected, date winners will be notified and the method by which they will be notified, and the identity of the company conducting the promotion.
In addition to those suggestions for sweepstakes, for contest rules, a company should include: proof of purchase requirement if permitted, judging criteria, identity of the judges, statement that entries must be original and will belong to the promotion-conducting company and will not be returned, and the method of tie-breaking, which must be skill-based.
Where can I find more information?
The U.S. Small Business Administration provides a guide to using contests and sweepstakes, with links to more information on complying with federal regulations at: http://community2.business.gov/t5/Business-Law-Advisor/How-to-Use-Contests-Sweepstakes-and-Giveaways-as-Marketing-Tools/ba-p/10881;jsessionid=348BC6703CDA2331AC0103885E034A3F.
Or feel free to contact Saper Law if you have further questions. Our office number is 312.527.4100.
A sweepstakes is a game of chance: the winner is chosen at random. Because a sweepstakes includes chance and a prize (or else it would be unlikely to successfully draw the attention of potential participants), a company cannot require consideration to ensure the promotion is not a lottery. In other words, the company cannot require payment or a product purchase to enter the sweepstakes. If the company wants to require consideration (for example, the purchase of a box of cereal to obtain a game piece inside or completion of a lengthy survey), it must offer a free Alternative Method of Entry (AMOE). The AMOE must give entrants the same odds of winning as those who entered via the consideration method.
Topics: Advertising Law, Internet Law, Small Business |
Daliah Saper invited to speak about alternative content licensing to members of Pumping Station: One
By Saper Law | April 9, 2010
On April 27th, Daliah Saper will give a lecture on alternative content licensing to members of Pumping Staion: One, answering questions about open source software, creative commons, and the differences between “copyleft” v “copyright” agreements. Her discussion will include an overview of basic copyright law as well as recent copyright cases involving alternative licensing disputes.
Pumping Station: One is a 50+ member organization of technology, science, and art makers and enthusiasts.
The event will be held at 3354 W Elston Ave, and is a part of Pumping Station’s ongoing FRED (Free, Really Entertaining, Discourse) series of talks.
Topics: Seminars at Saper Law |
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