215-482-0285
Philadelphia Business Lawyer Sarah E. Holmes
  • Home
  • Attorneys & Areas of Law
    • Business Entities >
      • Corporations
      • Limited Liability Company (LLC)
    • Business Purchase or Sale
    • Raising Capital & Investor Agreements >
      • Promissory Notes and Debt Financing
      • Private Placement and Equity Financing
    • Business Contracts >
      • Consulting Agreement
      • Employment Contracts
      • Independent Contractor (1099) Agreements
      • Website Terms and Privacy Policies
    • Copyright & Trademark
    • Hiring Employees/NDA/Non Compete
    • Succession Planning
    • Commercial Lease
    • The Right Start Program
  • About
    • Speaking and Events
    • Webinars
    • Client Testimonials
    • Privacy Policy/Terms of Use
    • Contact
  • Business Success Tips
  • Flat Fee Packages
    • New Businesses
    • Existing Businesses
    • Dispute Resolution
    • Trademarks & Copyright
    • Succession Planning
  • Reviews
215-482-0285

OBAMACARE AND THE SMALL BUSINESS

9/26/2013

 
"Obamacare," or the Affordable Care Act as it's really called, has a myriad of confusing provisions and if you are a small business owner, you may be confused as to your obligations and deadlines.

The requirements vary depending on how many employees a business has.  We found a great resource at the SBA website for those with fewer than 25 employees.  The site lays out requirements for small businesses with fewer than 25 and those with over 50 employees.  A major upcoming deadline is the Oct. 1 deadline to provide employees with the required notice of the new Health Insurance Marketplace.  Any employer covered by the Fair Labor Standards Act (FLSA) must provide this notice to employees.  Two sample notices can be found on the SBA website, depending on whether the employer offers health insurance coverage or not.

I will soon be hosting an informational breakfast in Manayunk for small business owners and their obligations under the Act.  Watch this site for details!

Sometimes It's Not Better to Remain Silent

9/19/2013

 
While many people in America could probably not recite most of the rights enumerated in the first ten amendments to the Constitution, most people do know that in the event of an arrest, they have the right to remain silent.  While this is generally good advice in a criminal matter, a civil dispute may turn on speaking up and asserting your own position and doing it in a timely manner.

In a legal dispute, don't bury your head in the sand.  If you receive papers in the mail, ignoring them will not make them go away.  Court filings have tight deadlines and missing them can make it very difficult to defend a case.  Make sure to consult with an attorney right away so you don't lose any of your legal rights. 


Put a Bird On It - But Only If It's Not Infringement

9/12/2013

0 Comments

 
Portlandia- Put a Bird On It
In the above episode of Portlandia, the characters mock the phenomena of putting a bird on something and calling it art.  If you make products for sale using images that you did not create, there are copyright implications to consider.

Go to a craft show or browse crafty websites and you will find many products for sale using images not created by the seller.  If you find a drawing, image, illustration or other picture you'd like to use on products for sale, you need to research the copyright.  For example, say you found a drawing of a bird in a recent book.  You like the drawing and photocopy it to use on a tote bag that you intend to sell to others.  In most instances, unless you can make a "fair use" argument that you are using the copied bird for comment, criticism, news reporting, teaching, scholarship, or research, you may have committed copyright infringement. 

Many non-lawyers will tell you that instead of copying the bird, if you simply cut the image out of the book and use it directly on an object to sell, it is acceptable under the "first sale" doctrine.  That is not necessarily true.  The original copyright owner also has rights to any "derivative" works using the image.  Courts have split under different fact scenarios as to what is a derivative work and when a new work is protected by first sale.  Ultimately, it is up to a court to determine what is "fair use" and what is not if a dispute occurs and there are no bright line rules.  In considering whether to use images created by someone else in your products for sale, carefully evaluate the copyright considerations and seek legal counsel. 
<<Previous

    Author

    Sarah E. Holmes is a Philadelphia business attorney and strategist that helps start ups and established businesses looking to expand, protect their assets and increase their profits in an approachable, down-to-earth way.  When you're looking for a business lawyer in Philadelphia, the Main Line or New Jersey, we can help.

    Categories 

    All
    3D Printing
    3D Printing Classes
    Affordable Care Act
    All
    Amanda Steinberg
    Authenticity
    Best Business Books
    Business Agreements
    Business Breakfast Seminar
    Business Funding
    Business Lawyer Near Me
    Business Partners
    Business Plan
    Business Purchase
    Business Social
    Capital
    Certified Women Owned Business
    Charles Baudoin
    Commercial Lease
    Contract
    Copyright
    Corona Virus
    Covid 19
    Credit
    Dailyworth.com
    Disruptive
    Documents
    Due Diligence
    Employees Vs Contractors
    E-myth
    Etsy Sellers
    Finance For Women
    Food & Founders
    Forbes
    Forbes 30 Under 30
    Force Majeure
    Franchise Agreements
    Funding
    Hiring
    Honeygrow
    How Did She Do That
    How To Get Press
    How To Get Product Distribution
    How To Hire Employees
    Insurance
    Internet Business
    Lawyer For Commercial Lease
    Lease Default
    Letter Of Intent
    Llc
    Loan
    Manayunk
    Mindset
    Monica Lewinsky Speech
    Name Registration
    New Jersey Small Business Lawyer
    New Year
    Nextfab Studio
    Non Compete
    Obamacare
    Oculus Rift
    Operating Agreement
    Operating Agreements
    Owning Your Own Business
    PA Conference For Women
    Partnership
    Philadelphia
    Philly Maker Week
    Philly Manufacturing
    Resolutions
    Sara Blakely
    SBN
    Should I Quit My Job
    Small Business Advice
    Small Business Coaching
    Small Business Lawyer
    Small Business Week
    Start Up Business
    Start Up Business Reading
    Taking A Vacation When Self Employed
    Tax Season
    Trademark
    Trademark Registration
    Under 30 Summit
    Waivers
    Women In Business

    Archives

    May 2022
    April 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    June 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    May 2017
    April 2017
    December 2016
    November 2016
    October 2016
    September 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013

Vertical Divider

Holmes Business Law, P.C.

​1515 Market Street, Suite 1200,
Philadelphia, PA 19102

___________________________
40 E. Montgomery Avenue
4th Floor, Ardmore, PA 19003
​
​© 2022 by Holmes Business Law P.C.
All rights reserved.
Vertical Divider
ATTORNEYS & AREAS OF LAW 
Business Entities
Business Purchase or Sale
Raising Capital & Investor Agreements
Business Contracts
Copyright & Trademark
Hiring Employees/NDA/Non Compete
Succession Planning
Commercial Lease
The Right Start Program
Vertical Divider
BUSINESS SUCCESS TIPS 
ABOUT 
Speaking and Events
Webinars
Client Testimonials
Privacy Policy/Terms of Use
Contact
FLAT FEE PACKAGES 
New Businesses
Existing Businesses
Dispute Resolution
Trademarks & Copyright
Succession Planning
REVIEWS

​All site content is subject to copyright 2021 by Holmes Business Law P.C.
This website and its content herein constitutes attorney advertising.  Any content on this website should be construed as informational, not legal advice.  No information on this website is intended to create an attorney-client relationship.  Only a signed fee agreement between Sarah E. Holmes and the client will establish an attorney-client relationship.  Use of any information on this site is provided "AS IS" with no warranty of any kind, either express or implied.  Always consult with a licensed attorney in your own state for legal advice.
Photo used under Creative Commons from AK Rockefeller
  • Home
  • Attorneys & Areas of Law
    • Business Entities >
      • Corporations
      • Limited Liability Company (LLC)
    • Business Purchase or Sale
    • Raising Capital & Investor Agreements >
      • Promissory Notes and Debt Financing
      • Private Placement and Equity Financing
    • Business Contracts >
      • Consulting Agreement
      • Employment Contracts
      • Independent Contractor (1099) Agreements
      • Website Terms and Privacy Policies
    • Copyright & Trademark
    • Hiring Employees/NDA/Non Compete
    • Succession Planning
    • Commercial Lease
    • The Right Start Program
  • About
    • Speaking and Events
    • Webinars
    • Client Testimonials
    • Privacy Policy/Terms of Use
    • Contact
  • Business Success Tips
  • Flat Fee Packages
    • New Businesses
    • Existing Businesses
    • Dispute Resolution
    • Trademarks & Copyright
    • Succession Planning
  • Reviews