1
   

Need some legal advice in CA

 
 
Reply Mon 4 Oct, 2004 07:50 pm
I have a prospective business partner who wants us to market a course I have written. He has extensive contacts and ability to market I do not (I have no money) so now I wanted to solidify our relationship into a contract. He did not even mention a contract until I did.
We are to split profits even and jointly own the course.
There are two ways about it:
1) I will give him exclusive rights to the course
2) assign half the ownership to him - i.e share the copyright

the second is apparently dangerous and supposedly unnecessary, i.e. I am not getting anything for it only big promises and I may lose everything.
anyone has a wise comment?
  • Topic Stats
  • Top Replies
  • Link to this Topic
Type: Discussion • Score: 1 • Views: 1,529 • Replies: 3
No top replies

 
jespah
 
  1  
Reply Tue 5 Oct, 2004 06:05 am
Yes, hire an attorney.

Sorry if that's not what you wanted to see, but you're asking for professional advice, and it ain't free. Since you don't have $$, contact Legal Aid. Even though it won't be the most perfect representation you could ever have, it's better than nothing. Every attorney must take a year-long course in Contracts and a half-year course in Business Organizations (sometimes called Commercial Organizations or Commercial Paper) and the Bar exam always has questions on it. So you will be getting a level of expertise although it might not be the same as you would get with someone whose sole specialty is Contracts.

This is an asset, so it's worth protecting, yes?
0 Replies
 
joefromchicago
 
  1  
Reply Tue 5 Oct, 2004 08:38 am
Re: Need some legal advice in CA
andrasnm wrote:
the second is apparently dangerous and supposedly unnecessary, i.e. I am not getting anything for it only big promises and I may lose everything.
anyone has a wise comment?

Don't give your partner a share in your copyright if you can avoid it. That's your only asset, the only thing that you're bringing to the table. After all, your partner is bringing his expertise to this venture: will he be selling you half of that?

Your intellectual property and your partner's expertise go to the benefit of the partnership, not to the individual partners. The partners merely share in the profits of the partnership. In your position, I would license the copyrighted product to the partnership rather than give a portion of the copyright to your partner.

In any event, jespah is right: get a lawyer. You need to set up some sort of entity (partnership, joint venture, corporation), and that isn't something that you should be doing on your own.
0 Replies
 
MrIknow2
 
  0  
Reply Wed 8 Oct, 2008 01:24 am
@andrasnm,
should you wish to establish a partnership, which is apparently what fits your intended business setup, you may visit the following for some backgrounder:

http://www.articlealley.com/article_573948_18.html
0 Replies
 
 

Related Topics

 
  1. Forums
  2. » Need some legal advice in CA
Copyright © 2021 MadLab, LLC :: Terms of Service :: Privacy Policy :: Page generated in 0.04 seconds on 09/22/2021 at 02:43:56