Can You Be a Web Designer

Prior to crowdSPRING, I was a lawyer for 13 years - focusing on complex commercial and intellectual property litigation. This is the first in what will be a regular feature in our blog discussing important legal issues that impact every small business.
What is Copyright?
Copyright is a form of legal protection provided to those who create original works. Under the 1976 Copyright Act (United States), the copyright owner has the exclusive right to reproduce, adapt, distribute, publicly perform and publicly display the work. Any or all of these rights can be licensed, sold or donated to another party. One does not need to register a work with the U.S. Copyright Office for it to be automatically protected by copyright law (registration does have benefits - but we won’t be covering those in this article).
Copyright laws around the world can differ in significant ways. Most countries are signatories to various International treaties and agreements governing copyright protection (such as the Berne Copyright Convention). Under the Berne Copyright Convention, if your work is protected by copyright in your own country, then your work is protected by copyright in every other country that signed the Berne Copyright Convention.
What does Copyright protect?
Copyright protects works such as poetry, movies, writing, music, video games, videos, plays, paintings, sheet music, recorded music performances, novels, software code, sculptures, photographs, choreography, and architectural designs.
To be protected by copyright, a work must be “fixed in a tangible medium of expression.” This means that the work must exist in physical form for at least some period of time. A tangible medium includes paper (even a napkin will do!) and digital forms of storage. Additionally, the work must be original. It doesn’t matter if the work is similar to existing works, and copyright law is blind to whether the work is good or bad - so long as the work is original, it is protected by copyright. Finally, a work must be the result of at least some creative effort by the author.
Copyright doesn’t protect an idea, system or process (you would need to obtain patent protection for those). So, for example, if your small business is creating software programs, you would generally be unable to protect under copyright law the algorithms, methods, systems, ideas or functions of software (your code, however, is protected – nobody can sell or distribute your code without your permission).
How Long Does a Copyright Last?
For works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work or a work made for hire (we’ll talk about that in a later post), the copyright lasts for 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on a number of factors.
What Should Small Businesses Do To Avoid Violating Copyright Law?
Here are five practical things you should do to make sure you don’t violate copyright law:
1. Don’t copy material just because you don’t see a copyright symbol. Since 1978, U.S. copyright law has not required that the copyright owner post a copyright notice with their work. That means that any work reduced to a tangible form (paper or digital, for example), is automatically protected by copyright.
2. Respect Creative Commons licenses. Creative Commons is a powerful framework that works alongside copyright law, but don’t confuse Creative Commons with “free for the taking.” There are a number of different types of Creative Commons licenses and you should review the specific license before you use something protected by Creative Commons. For example, when searching for images on Flickr to include in my blog posts, I always search for images licensed under Creative Commons and available for commercial use.
3. Don’t use works created by someone else merely because you can’t find any copyright restrictions or the author’s identity. Merely because you don’t know who created a work doesn’t give you the right to use that work. This is commonly abused when people do a search - on Google, for example - for images and use an image they’ve found in an article, blog post, or design.
4. Define Copyright Ownership. When you hire independent contractors to create work for you, consider including “work-for-hire” provisions in your legal agreement with your independent contractor (more about this in a later post) or provisions that transfer the ownership of the work created by those contractors - or at the very least, a license to use - to you and/or your company.
5. Understand the Permitted and Prohibited Uses Under a Copyright License. When you buy or use stock photos or other materials protected by copyright in your marketing materials, advertising, or as part of your website, pay attention to what you are and are not permitted to do with that work. For example, stock photos from sites like iStockphoto and Shutterstock are protected by specific licenses which restrict the uses for those photos and prohibit, among other things, use of stock for logo design. Don’t assume that a license gives you unlimited rights - it most likely does not.
In a later post, we’ll talk about more advanced copyright issues, including what to do if someone violates your copyright. And If there are other small business legal issues you’re interested in reading about, please leave a comment and let me know.
Please remember that legal information is not the same as legal advice. This post may not address all relevant business or legal issues that are unique to your situation and you should always seek legal advice from a licensed attorney.
image credit: MikeBlogs
At a private CEO event a few weeks back, I had the pleasure of seeing Reed give a powerpoint-less presentation. His way of looking at business is quite inspirational, and there’s now doubt it’s a major reason why Netflix succeeded where many others have not. I’ve been thinking about which of these ideas fit for BzzAgent…regardless, every company could add a little bit of his wisdom. Here’s what I jotted down (note much of this is paraphrased):
When I caught up with Reed after his speaking gig, we talked a little bit about some of his other ideas on compensation. I’m not sure I buy into those yet, but he’s got me thinking…

Tomorrow, Thanksgiving Day, Americans across the country will sit down together, count our blessings, and give thanks for our families and our loved ones. American families reflect the diversity of this great nation. No two are exactly alike, but there is a common thread they each share. Our families are bound together through times of joy and times of grief. They shape us, support us, instill the values that guide us as individuals, and make possible all that we achieve. So tomorrow, I'll be giving thanks for my family -- for all the wisdom, support, and love they have brought into my life. But tomorrow is also a day to remember those who cannot sit down to break bread with those they love. The soldier overseas holding down a lonely post and missing his kids. The sailor who left her home to serve a higher calling. The folks who must spend tomorrow apart from their families to work a second job, so they can keep food on the table or send a child to school. We are grateful beyond words for the service and hard work of so many Americans who make our country great through their sacrifice. And this year, we know that far too many face a daily struggle that puts the comfort and security we all deserve painfully out of reach. So when we gather tomorrow, let us also use the occasion to renew our commitment to building a more peaceful and prosperous future that every American family can enjoy. It seems like a lifetime ago that a crowd met on a frigid February morning in Springfield, Illinois to set out on an improbable course to change our nation. In the years since, Michelle and I have been blessed with the support and friendship of the millions of Americans who have come together to form this ongoing movement for change. You have been there through victories and setbacks. You have given of yourselves beyond measure. You have enabled all that we have accomplished -- and you have had the courage to dream yet bigger dreams for what we can still achieve. So in this season of thanks giving, I want to take a moment to express my gratitude to you, and my anticipation of the brighter future we are creating together. With warmest wishes for a happy holiday season from my family to yours, President Barack Obama
With such strong competition from Mozilla and Microsoft, the only thing Opera can do to stay competitive is to innovate. And one has to hand it to them: although it doesn’t have a huge user base in the desktop web browser space, Opera is always one step ahead of the rest, for better or for worse.
With version 10.10, Opera (
) has taken its biggest step into the unknown so far, marrying the web browser with the web server. It definitely makes it unique in the world of web browsers, but there’s always the lingering question whether all these new features are really something we need, or is it just confusing the users?
“Our devices will evolve. From in-dash computers in trucks to entertainment systems in airplanes, and from a netbook in North Dakota to a phone in North Africa, every device is both a consumer and a provider of content.”
The idea is certainly interesting, but the web has been moving in another direction in the past couple of years: the cloud. Instead of having stuff run on your computer, your applications and your data reside in the cloud, with all the resources and the know-how provided by a company like Google (
). So yes, with Opera Unite, you can host a web site on your own home computer, but you might run into bandwidth issues; with Google Sites, you can easily create a web site without worrying about bandwidth, but you’re at Google’s mercy, so to say. So far, despite possible privacy and security issues, cloud computing has been taking over, and it’s hard to imagine Opera turning the tide in the other direction. Some Unite applications, however, like the media server or the chat, are quite useful and might win over some converts for the Norwegian browser.
Other interesting features in the new Opera 10.10 include Opera’s Turbo technology, which speeds up browsing by compressing web pages on Opera’s servers and delivering you the “lite” version, Opera Link, which lets you synchronize data across several computers, a slick new look with a resizable tab bar, and a BitTorrent-enabled download manager. See the full list of features here.

I probably shouldn't say this
But at times I get so scared
When I think about the previous
Relationship we've shared It was awesome but we lost it
It's not possible for me not to care
And now we're standing in the rain
But nothing's ever gonna change until you hear, my dear The 7 things I hate about you [Chorus:]
The 7 things I hate about you (oh you)
You're vain, your games, you're insecure
You love me, you like her
You make me laugh, you make me cry
I don't know which side to buy
Your friends they're jerks
And when you act like them, just know it hurts
I wanna be with the one I know
And the 7th thing I hate the most that you do
You make me love you It's awkward and silent
As I wait for you to say
But what I need to hear now
Is your sincere apology
And when you mean it, I'll believe it
If you text it, I'll delete it
Let's be clear
Oh I'm not coming back
You're taking 7 steps here [Chorus] And compared to all the great things
That would take too long to write
I probably should mention
The 7 that I like The 7 things I like about you
Your hair, your eyes, your old Levi's
And when we kiss, I'm hypnotized
You make me laugh, you make me cry
But I guess that's both I'll have to buy
Your hand in mine
When we're intertwined everything's alright
I want to be
With the one I know
And the 7th thing I like the most that you do
You make me love you
You do (oh)
Washington Post Staff Writer
Friday, November 20, 2009
One night in Adams Morgan, the sons and daughters of lawyers and corporate executives padded into a friend's rowhouse for a kind of group therapy session about their families' wealth.
They are young people who have inherited or stand to inherit big money, and they are spending their post-college years living modestly and working to address the needs of the poor, hungry and politically disadvantaged. But the privilege they grew up with and the money coming their way nag at them in ways few people not in their position can fathom.
Burke Stansbury, 33, a nonprofit administrator who inherited $1 million in stock three years ago, opened up about how his newborn's breathing problems were forcing him to reconsider how much of his fortune he should use for his family and how much to give away.
"Those of us with wealth and progressive values resist the privilege and actually deny it because of this inequality that exists in society," said Stansbury, who has spent his time since college working for a nonprofit organization devoted to labor issues in Latin America.
"We're not going to accept that form of privilege," he said. "But when it comes to [my son's] health care, we're not going to mess around. You're going to take advantage of [the money]. It's a real blessing, but it's not fair."
The dinner in Adams Morgan was held at the home of a private school teacher who inherited $1.5 million. It was a rare chance for members of the Resource Generation, a nonprofit group whose 35-and-younger members devote themselves to philanthropic work for social justice, to talk about their guilt and their views on social inequalities without fear of eye-rolling from people who might view them as spoiled rich kids playing at helping the downtrodden.
"Can I share something on my mind?" asked Liz Goldberg, 25, a nonprofit development associate whose father is a partner at the consulting firm KPMG. "I have epilepsy, and I require certain things over the year. Most recently, it was an MRI, and I can't afford it on my own, so I am forced to rely on my parents. I think of myself as independent, but I am not able to reconcile that payment."
"In Vermont [this year], I broke my finger and didn't have insurance," said Treibitz, whose father is chief executive of a Colorado company that designs visual presentations for court trials. "I got my X-ray and gave [the hospital] a fake name and walked out. Is that okay that I am doing that -- taking up resources because I am refusing to take money from my parents?"
Inspired and challenged
The young wealthy are keenly aware that there is little public sympathy for the moral doubts they struggle with. In a harsh economy, few people worry about the insecurities of heirs in their 20s and 30s who choose to work in social change philanthropy.
But these young people represent a huge amount of money, and some feel not only inspired but also challenged by the choices they face.
Since the late 1990s, after a Boston College study concluded that $41 trillion would be passed from one generation to the next over the first five decades of the 21st century, several banking and nonprofit organizations have initiated programs catering to the emotional and financial literacy needs of young heirs. (The tally of wealth that will be inherited has since risen to about $50 trillion, according to the college.)
This year, the Council on Foundations started a Next Generation task force to explore ways to support young philanthropists.
Washington's chapter of the Resource Generation, many of whose members work in the arts, education and other nonprofit groups, has forged connections by giving young heirs a place where they can divulge their insecurities. At the recent dinner, those who have not inherited their wealth grappled with their decisions to live a low-wage existence in Washington.
"I definitely feel like I am at war between my desires instilled in me to eat out at nice restaurants and my better sense and principles," Treibitz said in an interview. "If I make different choices when I am older, I hope to God they're coming out of principles. Everyone changes. My great-grandmother was a communist in her 20s and a total conservative in her 90s. I won't rule out anything."
The stratosphere of wealthy Americans of any age has shrunk in the past two years. The number of children of millionaires has decreased from 26 million in 2007 to 19 million, according to the Center on Wealth and Philanthropy at Boston College. The number of millionaire homes in which the head of household is 35 or under has also dropped, from about 370,000 in 2007 to about 250,000, according to the center.
Juggling ambivalence
For Stansbury, who works at the Committee in Solidarity with the People of El Salvador, housed above a Mount Pleasant church, his $1 million inheritance at age 30 triggered crosscurrents of ambivalence.
He grew up in Seattle, the son of a lawyer and interior decorator, went to private school, played lacrosse and enrolled at Georgetown University. But he disliked the college's preppy scene, so he dropped out after a year and traveled around Mexico with a friend in an orange 1974 Volkswagen pop-top van.
"In Mexico, I saw really extreme poverty," said Stansbury, who lives in a $1,600-a-month one-bedroom basement apartment in Mount Pleasant with his partner, Krista Hanson, and their newborn, Lucas. "I saw deforestation. I saw more problems in the world than I saw in my private school. I saw an uprising in Chiapas of indigenous people -- corn farmers -- against trade policies, and I discovered solidarity activism."
When he returned, he transferred to the University of Montana. After graduating, he began working on behalf of Salvadorans. He was making $25,000 a year at the Solidarity Committee and now works there part time. At 30, he inherited $1 million in a trust set up by his grandfather, John G. Molz, who made his money in real estate and a wine business.
Stansbury has invested his inheritance in "socially responsible" mutual funds, he said, and monitors his investments closely.
When he learned that Costco was opening a store in Mexico that would entail cutting down trees and displacing a "sacred community, I put together an action at a shareholders meeting," he said. "They opened the store but made concessions. People were still upset, but the company clearly got the message."
At Resource Generation meetings, Stansbury vents about politics and critiques his inheritance, which he says perpetuates social inequalities and what he views as an insulated upper class. (He supports increasing estate and capital gains taxes.)
Life's complications
When Nigel Greaves joined Resource Generation, he found the members' hand-wringing about inherited money a bit much.
"The conversations were hard for me to hear at first," said Greaves, 32, a filmmaker who does not come from wealth but joined the group because he believes in its social change mission.
"This idea of guilt and not understanding or knowing what you can do with the money can be frustrating for someone who doesn't have a familiarity with the group. But I have more of an appreciation of that journey now."
But for those with money coming their way, the questions seem to get harder. Now that he has a child, Stansbury said he can no longer view his inheritance as a pot of money to be donated to causes. "We've just started thinking about it. I want to provide the best health care for Lucas, which is going to be a real need."
What about nannies and private school?
"I'd like to have my kids be exposed to more diversity, something less sheltered than where I went to school," said Stansbury, sitting in his living room and surrounded by books on subjects such as Karl Marx and the farm crisis in Mexico. "It depends on where we live."
The most compelling feature about ShopSavvy is NOT the ability to scan a barcode, instead it is the ability to expose inventory and pricing information from local retailers. In the Android version of ShopSavvy our standard screen had a Web tab and a Local tab that exposed the number of results for each. If the user scans an item that we don’t have a local result for we show “0″ as the number of results. Over the past year we have regretted this decision as users will email us letting us know they aren’t pleased we don’t have local results. In our iPhone version we fixed this issue.

In the iPhone version of ShopSavvy if you scan an item WITHOUT local prices we simply show a tab that says “Prices”. If we have local prices we show the two tabs, i.e. Web and Local price. By not calling attention to the fact that we don’t have a local price for an item we don’t get many emails from annoyed users relative to local results. Of course, in our world, not many is hundreds so I thought I would explain how to get local results on ShopSavvy.
Most new users (i.e. the vast majority of support emails) download ShopSavvy at their house and begin scanning items they already to own. Many of these items are grocery related and we don’t cover groceries very well (read more here). The rest are old books and DVDs – many of these are still available online, but they are no longer in local stores. These ‘DEMO’ scans often yield poor results, a) the items are no longer sold in local stores, b) they are of groceries and c) the barcodes are hard to read. We have received hundreds of negative ratings from these users even though they have never actually tried to use ShopSavvy to shop. My advice? Use ShopSavvy when you shop – you will be surprised how helpful ShopSavvy can be.
The reason ShopSavvy performs well in retail stores is fairly obvious. First, the items sold in one retail store are likely sold in other retail stores – meaning we will have local inventory and price. Major local retailers carry between 10,000 and 100,000 items – this is out of millions of items. Second, the lighting in retail stores is often far better than the lighting in your house – this means scanning will be faster. Third, the barcodes are almost always printed on flat surfaces – this means scanning will be faster. Trying to scan items in your house means you are scanning items that might not be currently sold, might have hard to read barcodes and scanning in low light. Before you give us a poor review or rating, please actually use ShopSavvy when you are shopping for Christmas.
via: http://www.biggu.com/2009/11/21/how-to-get-local-results-on-shopsavvy-2/
A Balanced Assessment of the Criticisms of Engaging Social Media:
Determining the advantages and disadvantages of particular activities for people and organizations is an important task. Why else would education, books, think tanks, and presidential debates exist. I thought fleshing out my personal experience with the advantages and disadvantages might be instructive in determining “the truth” about social media, web 2.0, and blogging technologies.
Advantages of Social Media
• Democratization of media.
• Relationships and conversation.
• Creativity and re-mix culture.
• Embrace your passion and identity.
• Community, sharing, and connecting.
• Increase transparency in government and organizations.
Criticisms of Social Media
• Lots of great content still gets overlooked. Current lack of good filters creates problems finding the best content.
• Writers have problems delivering content consistently.
• Anonymity can engender polarization and hate.
• Information overload and social networking overload.
• Work/Life balance is hard to achieve.
As society and technology moves forward we stand at a watershed moment and history, so it is vitally necessary to stop and think about our societal trajectory. Thoughts? Did I miss an advantage or disadvantage?
How you can learn more or learn how to make your corporate blogging efforts more strategic and productive:
If you liked this post you might be interested in a more comprehensive criticism of social media which suggests that its a little early to drink the social media and web 2.0. Alternatively, if you want to strategically blog or productively use social media and web 2.0 tools which addresses many of these concerns, you should check here. Finally, the problems with the traditional social media agency.
Advantages and Disadvantages of Social Media Part II: The Risk of a Web 2.0 Bubble
This presentation by Dave in January of 2008 outlines the economics and cultural stresses which might cause one to be wary of the web 2.0 wave, and as a very astute venture capital investor he ultimately concludes with a happy future for the world of Web 2.0:
Web 2.0 is Dead; Long Live Web 2.0!<div style="font-size:11px;font-family:tahoma,arial;height:26px;padding-top:2px;">View more presentations from Dave McClure.</div></div>
(image credit: pikkus)
via: http://compassioninpolitics.wordpress.com/2009/03/24/the-girl-who-silenced-the-world/
Humanity in Focus recently featured “The Girl Who Silenced the World for 5 Minutes“:
This was 16 years ago, at the United Nations Conference on Environment and Development, also known as the Rio Summit, Earth Summit (or, in Portuguese, Eco ‘92), a major conference held in Rio de Janeiro from June 3 to June 14, 1992. the UN international Environmental Conference.
Did anybody listen?
(hat tip: technology health and development)
This is a great speech by Severn Suzuki to the United Nations. More recently she wrote a book called “Notes from Canadian Young Activists: A Generation Stands Up For Change” and spoke out on the issues of responsibility and social change in an interview with the Tyee in Canada:
There are … so many amazing things happening right now…..
I’ve met a couple of people lately who have a very interesting attitude. They [said], “How lucky are we? How exciting is this time? How lucky are we to be alive when the forces of good and evil are just so clear, when we’re undergoing such a massive time of shift and when our actions really, really matter, for good or for bad?”
This is a really unique period in history and it’s a time when an individual can have more impact than ever before in our human history because of the Internet, because of communication, because of how easily we can travel. … We really have to realize how empowered we can be, how much we actually matter.