Over the last few weeks, we’ve been talking about starting your own business, the adventure that begins when you decide to turn your passion and talent into a source of income. Your business can take many forms. Maybe you’ve decided to supplement the income from your full-time job by taking on small projects that pay you some extra cash. Or maybe you’re foregoing the traditional 9 to 5 altogether and making a living by starting your dream project. Whatever the case may be, there are many things to keep in mind that will help you find success. Once you’ve decided to pursue your passion, and your finances are in order, the next step is understanding your legal rights.
As a small business on the rise, one of the most important laws to be aware of is copyright and trademark infringement. Copyright is offers protection to creative people. That means your original painting, book, song, or play is your intellectual property and cannot be reproduced or copied without your permission. So if your business venture involves you creating custom decorative signs or paintings, technically someone else cannot outright steal your work and sell it on their own. One common mistake people have is that only published works are covered, or that you have to register your product with the government to earn these perks. But really, while you can register a copyright with the Library of Congress, any work you create is automatically covered. For instance, if you were to draw a rose on a piece of paper right this moment, it would immediately be protected by copyright law. Someone would not be able to steal the drawing, duplicate it, and sell it online as their own. Keep in mind that notions of copyright may change if you’re doing creative work for a company. For instance, let’s say you’re a graphic designer who works in the entertainment industry and you regularly create movie posters. The rights to these images most likely remain with the studio or original creator of the property. While your exact work cannot be repurposed and attributed to someone else, you most likely do not own that work. A trademark is different than copyright because it covers symbols and words that may be associated with your business. So if you start a business named ‘Delicious Pies & Sweets’, you can attempt to trademark this name, making it yours. If you have someone create a logo for your company, you can also trademark the logo. Trademarks are handled through the Patent and Trademark Office.
Even if you only have one employee helping you with your business, you’re going to want to know the legalities of this. For instance, do you know the tax implications of adding an employee to your business? Do you know what you’re liable for if the employee is injured on the job? What about the paperwork they need to sign so you and your business are protected in case they decide to sue you or say that you stole their idea?The answers to these things will vary depending on your line of work and the structure of your business. But it’s safe to say, you want to keep yourself protected at any cost.
Which brings us to our final point: find a good lawyer who can talk you through the legalities of starting your own business. You may think that hiring a lawyer to look at your endeavor is expensive and unnecessary, but really, it doesn’t hurt to have a short meeting with one to make sure you’re as covered as you need to be.If you only need some basic legal advice, you can find freelance legal experts willing to help you out for a reasonable price. Of course, you may want to channel any major questions or overarching plans through a lawyer that specializes in business and can be on call for any huge emergencies, but finding direction from the Fiverr community isn’t a bad place to start.Now that you’ve protected yourself and your business, it’s time to get your team together! Our next post will cover best practices for finding freelancers and other workers who can help our with your business.
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