Read Camilla Stein’s latest, Space Scrapers. Camilla’s 41st century Earth is just what the doctor ordered for a quick holiday escape!
Notes on e-publishing with Amazon and Smashwords
January 7, 2012I’ve posted on Amazon’s publishing before, but recently, I uploaded a new shorts ebook, Space Scrapers by versatile and talented author Camilla Stein and had my first ebook-loading experience on behalf of Sawa-Lad Services’ publishing arm. (Camilla, BTW, is my first literary client and a friend, and will remain one of my very favorites throughout our careers and beyond, God willing.)
Now, apparently, there has been a problem with the formatting of SS (though acceptable to both companies to which I published), and at the time of this writing, I am due to review the results and possibly republish (which is feasible with both companies), but the question has come to me, “What about Smashwords?” So here are some informal notes that I hope answered the question:
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Dinar Standard
June 30, 2011I’ve recently started working with a (relatively) new online business magazine: Dinar Standard. This magazine studies relevant business from an Islamic perspective, and is targeted for Muslim business. This is an American publication, but in part because most of Islam’s adherents live outside the United States, this business magazine has a global reach and many talented and savvy international writers. At this time, the magazine is completely free to read, so when you have time, check it out! The current edition regards education around the world.
Mediation
April 27, 2010Mediation is a form of alternative dispute resolution whereby a neutral third party assists the conflicting parties in coming to a resolution. The mediator’s role is not to determine the outcome of a conflict, but simply to facilitate helpful discussion and dialogue between the parties. The goal is to let the parties choose the outcome of their dispute through the discussions and improved understanding. This may be preferable to letting a judge or arbitrator determine the outcome of the dispute, although there must necessarily be some give and take between the parties for mediation to be successful.
In a court setting or in an arbitration proceeding, there almost always can be only one winner. In mediation, on the other hand, the parties have more control over their dispute, and they may choose who wins what and what concessions are made by whom. Finally, mediation affords the participants privacy that a trial cannot.
Unlike arbitration, mediation does not bar the participants from access to a trial. A mediation that does not resolve all the issues in a conflict may nevertheless be considered successful if some of the issues do not have to be litigated because they were determined in mediation.
Mediation may cost less than a trial, depending on the circumstances of a case. Because a mediator is a neutral party, the general rule concerning payment is that parties split the costs of mediation evenly. Parties may, however, agree to allocate the costs in a different manner.
Attorneys may be wary of mediation because of the emphasis on party participation. In a family dispute, for example, the mediator may suggest that the parties, rather than their lawyers, discuss the personal issues involved in the case. An attorney will be wary of advising the client to do so.
The mediator, obviously, would not suggest that a plaintiff dealing with an insurance company negotiate a settlement instead of his attorney. However, if business transactions conducted by family members or long-time friends were the subject of a dispute, the mediator might try to steer the conversation away from the attorneys and towards the parties.
That said, mediation may be an attractive alternative to court proceedings in a case, like here, the parties have been friends prior to becoming business partners. The North Carolina Dispute Resolution Commission has helpful information regarding mediation and a search engine for finding a State-certified qualified mediator.[1]
[1] http://www.nccourts.org/Courts/CRS/Councils/DRC/Default.asp
Non-compete agreements
April 16, 2010This nice little article effectively brings up the problems associated with non-compete agreements.
http://www.gruntledemployees.com/gruntled_employees/2009/02/how-to-lose-a-noncompete-case.html
The fact is, non-competes are not always enforceable, and if they are, they are limited by necessity and scope. What this means is that when an employee has left the employer, the (ex)employer cannot enforce a non-compete against the (ex)employee unless
- there is a business necessity,
- the length of the non-compete period is not unnecessarily long,
- the area where the non-compete is effective is not unnecessarily large,
- What the ex-employee can’t do is not unnecessarily restrictive.
Why would a court not enforce a non-compete, or at least limit it? After all, it’s signed by the employee, right? The answer to that lies with the fact that a person’s got to make a living. Is it right to prevent her from making money doing what she does, when she is no longer being paid by the employer? Effectively, the consideration for the arrangement, ie, the weekly paycheck, stops after the employment period.
Should an ex-employee be on welfare because of a non-compete agreement? Probably not.
Intellectual Property resources
December 2, 2009Here are some links that might be of interest for anyone with IP concerns, and especially international needs:
For IP concerns in certain countries (Egypt, Brazil, China, India, Russia, Thailand), get a FREE hour of consultation with an ABA attorney: http://www.abanet.org/intlaw/intlproj/iprprogram_consultation.html
Info about patent, trademark, or copyright issues: www.StopFakes.gov Phone: 1-866-999-HALT.
Phone number for registering copyright materials1-202-707-5959
Phone for info about registering TMs and patents in the US and abroad: 1-800-786-9199
Selling your product outside the US: http://www.buyusa.gov/home/
Don’t forget www.USPTO.gov and www.copyright.gov for a lot of good, basic info about your IP.
Someone might just get in trouble for this.
October 29, 2009This means bad news for Pepsi shareholders, unless corporate lawyers can finesse their way out of it.
http://news.yahoo.com/s/ap/20091028/ap_on_bi_ge/us_pepsico_no_show_3
Lots of courts would allow a default judgment like this set aside, and it seems reasonalble that with such a HUGE amount of money, a court would be looking for excuses to set this aside. The plaintiff’s attorney, however, is of the opinion that this court might not.
The kicker is that Pepsi has a pretty good argument for “excusable neglect.”
Does IP Protection Apply to all Uses?
June 29, 2009Copyright, and all intellectual property (IP) laws are written in order to promote the arts, to encourage innovation and creativity. Protecting via legislation inventors, authors, business owners, and to a lesser extent, performers, is intended to enrich American society by giving incentive to IP owners to create and continue creating.
That said, IP protection is not absolute. For example, the most well-known justification for otherwise illegal use of property is fair use of copyright protected works.
What is “fair use”? As the name implies, fair use is using the copyright work in a legal manner, for a reason that usually does not result in profit for the user. One fair use is educational. Another fair use is parody. In theses cases, though commercial use by the potential infringer is relevant, it is not definitive.
The problem with fair use is that the user will often go too far, and the use is no longer “fair,” at least in the rights holder’s eyes. This is where litigators come in.
Contact Debora if you need help with IP or business legal concerns.
Posted by debmcnichol