WHO OWNS THAT SOFTWARE?
August 9, 2017 | Carole Clark IsaksonOwnership is important… especially in the context of a sale. If you want to sell your company, whether as an asset sale or through an ownership sale, the buyer will want to make sure that it can continue to use the software that you use. Conversely, if you are buying a company, don’t forget that the accounting software and whatever else is used in running the company is an important asset! Business owners FREQUENTLY forget about this. When investigating assets do not forget about the software (and make no assumptions…) Ownership is incredibly important, as this gives that person: The right to reproduce the code The right to create “derivative works” based on the code The right to distribute copies of the code The right to “display” the code, for example by posting to a web site. (17 S.C. § 106) The basic rule is this – the person that puts fingers to the keys and creates the code, owns it, except for three exceptions…. There are three exceptions to the basic rule that almost consume the rule itself. These exceptions are: Work “made for hire” Code written by an employee in the SCOPE OF EMPLOYMENT Work specifically contracted for (i.e. project based) in one of ten named categories (see 17 USC 101)…
Read MoreTransportation Lawyers on the Move at MTA Convention
August 4, 2017 | Carole Clark IsaksonThe BGS Transportation Law Team – Jim Wills, Carole Clark Isakson, Nicole Wiebold and Jackie Campbell – again attended the annual Minnesota Trucking Association convention in northern Minnesota. The event featured golf and educational seminars, and the always enjoyable connections with clients and potential clients. Having been active in transportation law for more than 4 decades, Jim Wills is a great presence at the event and the subject of much attention! This year he was even more notable as a member of the Long Haul golf team. That team won 1st place in the Scramble Tournament with a 17 under par and also won the Yellow Ball contest. Todd Volkers of the Long Haul team also won longest drive and closest to the pin. This year’s event featured a fascinating keynote speech by American Trucking Association President and CEO Chris Spear. Did you know: 70{a0c01d20c42349884e67ff80c137866b0a9fe47aaae8f8a86a605a369ae487c3} of the gross tonnage of freight in the US is moved by truck This tonnage represents 56{a0c01d20c42349884e67ff80c137866b0a9fe47aaae8f8a86a605a369ae487c3} of all goods There are more than 7.3 million people working in the trucking industry HALF of the money paid in to the Highway Trust Fund is paid by trucking companies 82{a0c01d20c42349884e67ff80c137866b0a9fe47aaae8f8a86a605a369ae487c3} of the cross border trade with Mexico is by truck 71{a0c01d20c42349884e67ff80c137866b0a9fe47aaae8f8a86a605a369ae487c3} of the cross border trade with Canada is…
Read MoreThe Unknown Hero (Eaters)
July 6, 2017 | Barna, Guzy & Steffen, Ltd.The July 4 holiday has also become known as the Super Bowl of eating with the Nathan’s hot dog eating contest. These contest winners receive fame and fortune to go with their impressively expandable stomachs. But there is an anonymous collection of individuals that move through life without fanfare or profit in their chosen pursuit – these are the marathon eaters. Today, July 6, 2017, Barna, Guzy & Steffen’s own marathon eater Scott Lepak finished his 8 month quest to eat all 31 sandwiches on the Nelson Cheese and Deli menu in Spring Lake Park, Minnesota. When asked why he decided to tackle all of the sandwiches on the menu, Scott said “When I started going here in 1991, I had a Hero no onion once a week every week for two years. I figured I was in a slump by then so I switched to the Mr. T (turkey on a French roll with Baby Swiss, onion, sprouts, guacamole and bacon Dijon mayo). I had one of those once a week every week for the next year. I generally have stayed with the same four over 25 years but decided the other ones looked pretty good so I thought I needed to branch out. Last November, I wondered if anyone had ever…
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