Saturday, November 24, 2018

Copyright Licenses

Copyrights give the copyright owner exclusive rights over their original works. While not all works are copyrightable, a few examples of copyrightable materials include movies, literary works, live performances, sound recordings, radio broadcasts, and even software. On the other hand, ideas, concepts, and facts cannot be copyrighted, and in order for a work to be eligible for a copyright, it must be in a fixed tangible form, such as a drawing on paper.

Copyright Licenses

As a copyright owner, you have certain rights that are exclusive to you, such as the right to display your work, distribute your work, make derivative works (a digital version of a published book, for example), and reproduce your work. You also have the right to authorize an agent to exercise your exclusive rights or transfer your copyright, in whole or in part.

Generally speaking, a copyright can be transferred to another party through an assignment or a license. An assignment means that you sell or give the copyright to another person or entity, which would result in your loss of copyright control. If you grant someone a copyright license, on the other hand, you are still the owner of the copyright, but the person who is granted the license (the licensee) can legally exercise some or all of the copyright owner’s rights. A copyright license is a practical option for copyright owners who wants to maintain control over how the licensee uses the rights.

Do You Need a Copyright License?

If you’ve composed a written work or song that you wish to promote commercially, you will want to license your work to allow others to distribute or perform it for a fee. A license may be exclusive or nonexclusive and can be restricted by factors such as purpose, territory, duration, and media.

An exclusive license allows only the party who signed an agreement with you (the licensee) to exercise the right being licensed. A nonexclusive license allows multiple licensees to exercise the same rights being transferred in the license. Exclusive licenses typically must be in writing to be valid, given the broad scope of such licenses, and all licenses should be recorded with the U.S. Copyright Office.

For example, if you’ve written a novel and wish to market it through a publisher, you can enter into a license agreement which grants the publisher the rights to copy and distribute the book in a specified geographic region. The publisher would enjoy these rights for the time period specified in the agreement. Unless specified in your agreement, the publisher would not have other rights related to your novel, such as the right to distribute the novel as an audio book or the right to turn it into a movie.

What is an Implied License?

While a written licensing agreement helps eliminate any confusion over the use and ownership of a copyright, an implied copyright license may exist in some situations. Generally, courts will recognize a license when the conduct of the parties implies such a relationship. In the absence of a written licensing agreement, courts generally base the scope of the implied license on the common practices within the community. As noted above, exclusive licenses may not be implied.

For example, suppose a yogurt company enters into a verbal agreement with a production company to use images from one of their cartoons on the front of the box. A court likely wouldn’t allow the yogurt company to produce its own show using these characters, limiting the scope of the license to just the yougurt containers.

Free Consultation with a Copyright Lawyer

If you are here, you probably have a copyright matter you need help with, call Ascent Law for your free consultation with a copyright lawyer (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Friday, November 23, 2018

Divorce and Confidentiality

Divorce and Confidentiality

For people concerned about privacy during divorce, knowing the safeguards and smart steps to protect your confidentiality are important.

Divorce used to be considered dirty laundry but is now commonplace. Almost everybody knows someone with a divorce story to tell. The question is, who do you want to know your divorce story?

In Utah, general access to Family Court records is governed by statute. According to the Utah Code, records of proceedings in Family Court are not open to public view. Individuals who may view your divorce file include:

  • Parties to the case and their legal counsel
  • Representatives and guardians of children involved in proceedings
  • Officers of the court as appointed

While this law may keep documents of divorce proceedings out of the news, it does not ensure secrecy if your spouse decides to speak with the media or others about the details of your settlement.

Parties going through divorce have good reason to keep the details of their agreements away from prying eyes. Those reasons might include:

  • A desire for privacy – just because you like to stay out of the public eye
  • Businesses that you own or operate could be affected by this going public
  • Financial Privacy Because You Have a High Net Worth

If confidentiality is important to you, ensure your divorce agreements are drafted with a clause that prohibits the discussion of financial and other details. In high-asset divorce cases, settlement payments are sometimes tied to maintenance of the confidentiality clause. The language is easily incorporated into prenuptial, postnuptial and divorce agreements.

How to Prepare for a Divorce Hearing in Utah

You and your divorce attorney have meticulously collected essential evidence, organized effective arguments and reviewed Utah family court laws to win you the best possible divorce terms. Your demeanor and appearance at the hearing can also significantly affect the outcome of your hearings. Knowing what to expect and how to prepare can empower you to make the most out of your day in court.

Following are 10 tips for making a strong courtroom appearance:

  1.  Practice — Visit the courthouse prior to the date of your hearing to familiarize yourself with your travel route, parking, security screening and the format of the courtroom
  2. Wear Nice Clothes — By dressing in pressed, neat business attire, you demonstrate your respect for the proceedings and gain the confidence to achieve your objectives
  3. Don’t Bring the Kids with you — You need to concentrate on the proceedings, not entertaining your bored children
  4. Arrive at least 15 minutes early — Anticipate potential problems such as heavy traffic, a delayed train or a tardy babysitter—none of which are legitimate excuses for being late
  5. It’s Like the Airport – Be Prepared for Security Checks— Find out ahead of your hearing date those items you are prohibited from bringing into the courthouse and clear any special medical needs, such as insulin needles or oxygen, that can delay your entry
  6. Turn off cell phone — The beeping, vibrating or ringing of your phones is disruptive and disrespectful to the court
  7. Pay Attention  — Notify your business colleagues and family that you will not be responding to texts, emails and phone calls until the hearing has ended
  8. Take Notes — Organize documents and notes so you can quickly access important information during the crucial moments of your hearing
  9. Try Not To Get Emotional — Your poised response to untruthful, misleading and mean comments made by your spouse reflects favorably on you to the judge
  10. Don’t Talk to the Judge – Your Lawyer Does That — You may be in front of the same judge in the future, so remain polite even if the court issues a bad ruling

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Thursday, November 22, 2018

Write a Business Plan Before You Start a Business

Write a Business Plan Before You Start a Business

Before you start your business, you should plan on starting a business plan. Even if you don’t finish it right away, the process itself will help you get organized. A business plan is the foundation for the success of your business and without a solid plan in place, businesses are much more likely to fail. Just as you wouldn’t build a home without a solid foundation or a car without a blueprint, you will not want to build your business without first starting a business plan.

A Business Plan is Important

A business plan is the blueprint of your business. It maps out where you wish the business to go, how you’ll get there, and how you plan to build it from big picture goals, such as objectives and the nature of the business, to specific details like market research results and financial forecasts. A business plan not only will give you a sense of where the business is going and how to get there, but also will tell you, as an initial matter, whether it is even feasible. Knowing this information before you’ve spent a good deal of time and money on the project is itself worth investing the time in writing a business plan.

Starting a business plan doesn’t necessarily have to be a long, time consuming process. In fact, most business plans aren’t very complicated. But they do require serious contemplation and honest evaluations of you and your resources. Simply cobbling together a few numbers and thoughts on a napkin is worth about as much as not doing a business plan at all. Business plans are meant to force you to think logically about the odds of success and whether you have the capability to create a solid business.

Writing a business plan can help prospective business owners to:

  • Define their business
  • Determine if the business is likely to make a profit
  • Estimate start up costs (including how much you’ll need to invest or how much financing you’ll need to get)
  • Find financing by having a solid business proposal to show investors
  • Devise a marketing strategy
  • Compete in the marketplace by doing research on your competition
  • Anticipate problems before they arise (e.g., perhaps you sense a labor shortage for your type of business it would be wise to keep your employees happy before they look for other work)
  • Help explain the business’ objectives and methods to employees and assist in the hiring of new employees

If you can churn out a quality three to five page document that focuses on crucial factors specific to your business, you’re on the right track. Business plans make you focus on the topic and think critically and creatively with respect to the challenges and expectations of the business. There are many different reasons to write a business plan (as evidenced above), and depending on the main objective for writing the plan (finding financing, keeping yourself on track, etc.), you should focus on attaining that goal.

Only Get Investors If You Comply with Securities Laws

If you need capital from investors to help fund your business, a business plan is absolutely essential. Just as you wouldn’t give money to a person selling stocks for his company on the street corner, no serious investor will give your company their money without a solid business plan that outlines the company’s future financial health. Without it, the investor might as well play the lottery.

When seeking investment capital, business owners will have to put much more effort into researching and presenting a professional business plan. This means doing a great deal of research and analysis of the marketplace (i.e., consumers and competition) and even more number-crunching to determine specifics such as revenue, breakeven points, and potential for profit.

In addition to accurate analysis and breakdown of numbers, the presentation of the business plan will be just as important. You should have the plan bound in binders or folders, with charts and graphs for ease of reference, and at the very least have another person read it over for typos or grammatical errors.

Determining Whether It’s Worth It Financially

Whether or not one of your objectives is to find financing to fund your business, you’ll need accurate analysis of financial figures for the success of your business. Many businesses fail because their owners fail to objectively and critically assess financial projections for future performance. All business is a calculated risk, and the best way to minimize the risk is to emphasize the calculations of financial figures.

When writing a business plan, be completely honest with yourself. The planning stage is no time to fudge numbers or be overly optimistic about financial projections. Rather, it is the time to determine whether it’s fiscally feasible to embark on the endeavor in the first place. You’ll need a breakdown of startup costs, profit and loss forecast and cash flow projection (at a bare minimum) to make such a determination. From a financial perspective, you should enter into business planning with a skeptical eye, and your business plan should be able to convince you to enter into the business.

No matter how you use your business plan, the simple act of starting a business plan acts as insurance against the risk that the business will fail.

Free Consultation with a Utah Business Lawyer

If you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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How to Break a Prenuptial Agreement

How to Break a Prenuptial Agreement

If you signed a prenuptial agreement before you were married, you may be wondering what impact it could have on your divorce. And, if you recently perused the old document and gasped halfway through, then exclaimed, “They can’t hold me to that!” you’re probably hoping for a way out.

Breaking a prenup – the process of having a court invalidate the document and free you from its terms – can be difficult, but it’s certainly not impossible. The court considers evidence that might prove one of five bases for invalidating a prenup:

  • Fraud — A court can throw out a prenup if you were fooled about its contents. This is possible in cases where a foreign-born spouse does not have a mastery of English or is told there’s no need to read before signing. If the document undervalues your spouse’s wealth so that you are deceived about the value of property rights you are signing away, that is also fraud.
  • Coercion, duress or lack of capacity — A party must enter into a prenup willingly. Conditions that rob a party of free will, such as emotional pressure or physical threats, invalidate the contract. Also, if a person does not have the capacity to understand the consequence of signing, the contract is not valid.
  • Errors of formality — Utah law requires a prenup to be executed with all the formality a property deed requires to be recorded. Careless errors, vague and ambiguous language, and problems with the document’s execution can render it void and unenforceable.
  • Lack of representation — If spouses did not have separate attorneys representing them prior to signing, the court will give a prenup extra scrutiny to make sure the document treats parties fairly.
  • Unconscionable terms — A court expects any contract to treat each party fairly. When a prenup is so lopsided that one party gets all the benefits while the other makes all the sacrifices, the court could decide that enforcement is unconscionable. A judge can invalidate an offending part or the whole agreement.

Not Ready to Get Married? Learn How to Protect Yourself When You’re Cohabiting in Utah

Deciding to live together is a big step in a relationship. You make a commitment that feels similar to marriage. Unfortunately, you do not receive the automatic legal protections that you do through a marriage. For example, Utah inheritance laws provide protections for each spouse that is not available to unmarried partners. In addition, divorce is governed by a body of laws that direct the distribution of assets, payment of financial support and allocation of debts — a process that does not apply to cohabiting couples. You can, however, protect yourself through estate planning tools, real property statutes and contract law.

Negotiate a cohabitation agreement

You form a financial partnership through your cohabitation in addition to your romantic relationship. Just as you would not conduct a business transaction without a contract, you should not commingle assets with your life partner without negotiating a written agreement. A cohabitation agreement is similar to a prenuptial agreement. The contract protects your assets and your financial security should you break up or your partner die. Terms of your contract may address:

  • Division of personal property you acquired during your relationship
  • Satisfaction of the debts you incurred during your relationship
  • Rights to your residential lease
  • Allocation of real estate equity accrued during the relationship
  • Return on investment you made in real property or a business
  • Continued financial support

Buy property as joint tenants with right of survivorship

The manner in which your real property is deeded determines conveyance rights of each owner. Property deeded as joint tenants with right of survivorship gives you and your partner full interest in the entire property — meaning you receive full ownership in the property if your partner dies.

Use Some Estate Planning Tools

If you die without leaving a last will and testament, succession laws determine which relative receives your property. You can protect your partner by drafting clear provisions that bequeath your assets to each other. In addition, you can transfer ownership of your assets to a trust that names your partner as a beneficiary upon your death.

Free Consultation with a Divorce Attorney

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Marital Property in Utah

Marital Property in Utah

When you go through a divorce, you need to divide up the assets. Some of those assets are called marital property, while others are separate property. Figuring out what is marital property is not always easy but is an important part of your divorce.

A skilled family law attorney can help explain the intricacies of the law that governs the distribution of your property. Basically, marital property includes all the income and property that you acquired during the duration of you marriage. All of this marital property must be equitably distributed between spouses as part of the divorce. Fault is not considered in making the division.

So what types of things are included in marital property? Obvious marital property includes any real estate that you acquired during your marriage. Your home or any vacation or rental homes are examples of real property.

But marital property goes beyond real estate. It can include the furnishings in your homes, professional degrees, professional licenses, businesses, and other physical possessions such as cars, boats, or other vehicles. Income from your job can be marital property, as can stock accounts and bonuses. Pensions and trust income can also be marital property. Debts acquired while you are married are another type of marital property that needs to be divided equitably when you divorce.

Understanding a Motion for Temporary Orders

The time after you decide to divorce but before you are divorced can stretch for many months, and sometimes for years. During a divorce trial or as you negotiate with your spouse and the divorce moves forward, important decisions are made about property division, spousal and child support, and parenting issues, if there is a child involved.

But what about the time between the decision to divorce and the granting of that divorce? The bills need to be paid, and the house must be maintained — and who stays in the marital residence?

Temporary Orders is a term referring to relief gained in the interim, while your divorce is pending finalization or litigation. Working with a family law attorney experienced in divorce litigation is essential when considering Temporary Orders measures for the following reasons:

  • Relief granted by a Temporary Orders motion lasts until the final judgment in your divorce is entered. This may be eight months or several years, depending on your case. Understanding the support each party receives or pays in the meantime is essential.
  • A Motion for Temporary Orders deal with issues that include who resides in the marital home, child and spousal support, the  marital house (if you have one), protection of marital assets to make sure one party doesn’t drain the retirement account (for example), payment and maintenance of health and life insurance, payment of legal fees, and protective orders, when needed, and other issues for the duration of the case.
  • The structure and argument of Temporary Orders motions sets a precedent that can bear on financial and other awards later ordered by the court.

The initial period after the decision to divorce is made can be emotionally and financially destabilizing. Knowledgeable legal counsel understands your situation, how best to protect your financial future and how to pursue what you desire.

Free Consultation with Divorce Lawyer

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Wednesday, November 21, 2018

Sole Proprietorship Law

Sole Proprietorship Law

Sole proprietorships are the simplest of all legal structures but they also lack many of the legal and financial protections of other business forms. If considering starting a business as a sole proprietor, remember there are various advantages and disadvantages. Sole proprietors experience the key advantage of being their own boss, but concurrently shoulder the burden of being responsible for the business’s success and failure. This section provides both basic and in-depth information about sole proprietorships, including tax implications, state registration requirements, what to expect when running a business with your spouse and more. It also features step-by-step help to get you get started.

Naming Your Business as a Sole Proprietorship

If you are electing to run a business by yourself, you’ll need to learn how to choose a business name. Many sole proprietors choose a company name other than their legal name. If you do, you’ll need to file a “doing business as,” (DBA) with the county where the principal place of business is located. For example, if your name is John Smith and you choose to name your business “Bob Jones Trucking Company,” be sure to file the proper forms.

Sole Proprietors and Taxes

Whether this is your first year as a self-employed entrepreneur or your tenth, income taxes are here to stay. While the complexity of filing the correct taxes forms can seem overwhelming, it’s important to get it right the first time. Being in business for yourself means you are required to list your business’s profit or loss information on Schedule C (Profit or Loss from a Business), which you will submit to the IRS along with Form 1040. There are several deductions you will be allowed to take, but be sure to seek guidance from a tax attorney or other qualified professional if you have questions.

Your Spouse and Having a Sole Proprietorship 

Throughout the country, an increasing number of spouses are choosing to operate family businesses. As such, they both consider themselves to be “joint owners” of the business. The IRS, however, may consider this to be a “partnership,” even if that is not the couple’s intention. As a partnership, the couple will be required to file a partnership return and issue a tax document known as a Schedule K-1 to themselves (as opposed to reporting on a Schedule C). For many family businesses, it will be wise to seek the guidance of a tax professional to further understand their potential liability and obligations.

You Will Have Personal Liability When You Own a Sole Proprietorship

One of the major disadvantages of running a sole proprietorship is the personal tax liability you will incur. In other words, there is no legal separation between business and personal liability. For instance, if you took out a loan to help buy office supplies or a new computer, your creditors can sue you personally if you default on your obligations. Keep in mind, many businesses begin as sole proprietorships and graduate to more complex business forms as the business develops.

Should I Hire a Business Lawyer?

Hiring the best business attorney for your sole proprietorship needs is an important process. Small businesses, such as sole proprietorships, often need help with negotiating contracts with customers or suppliers, assisting with real estate needs (such as a lease or a building purchase), taxes, zoning and licenses, protecting intellectual property, or settling litigation. The right business attorney can save your organization money and time in dealing with complex legal matters.  So yes, you should hire a business lawyer.

Free Consultation with a Business Attorney

If you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Special Needs Child and Divorce

Special Needs Child and Divorce

During divorce, a couple with a child with special needs requires experienced legal help.

According to statistics from the Centers for Disease Control and Prevention (CDC), one in 68 children is diagnosed with an autism spectrum disorder (ASD). This is often attention deficit hyperactivity disorder (ADHD). Still other children suffer from birth defects or other disabling conditions or birth injury.

The strain of caring for a special needs child can, by itself, contribute to divorce. When a marriage breaks down, the responsibility of crafting a suitable, supportive life for their child is a priority of most parents.

During divorce, issues that arise concerning the care of a special needs child include:

  • The need to create an appropriate parenting time plan is essential. Unlike more usual parenting time schedules, children with special needs often do not thrive with a schedule that requires frequent transition.
  • In Utah, courts have the authority to make child support rulings outside of state guidelines when the care of a special needs child is at issue. Parents might consider lifetime payments to a trust, or additional child support until the child is 21 or older.
  • During divorce and after, parents must continue to make decisions concerning appropriate medical and other therapies. In a contentious divorce, this task is made harder and could require legal intervention.
  • At divorce, couples should consider lifetime care of their child. Should a special needs trust be established?  What steps can be taken to ensure the child qualifies for Supplemental Security Income (SSI) when he or she reaches that point?
  • If one parent has been the dominant care giver, that history should be taken into account when considering custody.

Divorce and New Year’s Resolutions

If you went through a divorce this year, you’re probably not going to be too sad to say goodbye to the year 2017. Turning the calendar over can feel like the perfect time to make a fresh start. To that end, if you’ve had relationship woes this year, you might consider making a few New Year’s resolutions to get off to a healthy, happy start in 2018.

Here are a few ideas:

  • Be Your Best Self: It might feel a bit cliché, but there’s something to be said for making self-love a priority after you get out of a bad relationship. Embrace who you are and find ways to treat yourself every now and then.
  • Keep a Diary or a Journal: Recording your thoughts and feeling can be a great way to work through the complicated emotions you’ve had in your head. Therapists and counselors often recommend journaling to help people find relief from many of the negative emotions that are plaguing their lives.





  • Make Good Financial Decisions for Yourself: Coming out of a divorce, you may have much less money to work with in your monthly budget. Figure out the areas in which you can cut back so you can continue to save and invest in your future. To start, think of a financial goal you’d like to begin working toward that is a special treat (such as a trip to Europe). Then, develop a plan to reach that goal.
  • Acknowledge Your Accomplishments: Before plunging ahead into your new life, consider issues like when you think you’ll be ready to start dating again, what types of big life changes you should or should not make and the steps you can take to maintain a healthier lifestyle.
  • Do Something Adventurous: Get involved in new clubs or organizations, take up a new sport, join a new gym or travel somewhere new. Embrace the fact that you have the flexibility to try new things — and even make new friends while doing it.

Divorce Lawyer Free Consultation

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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