Ever had an Interior Design client refuse to pay, not give you credit for your work, or use your design without actually hiring you? As unfair as these situations sound, the truth is they happen often. Poor planning, client management or incomplete contracts account for most of these situations. Get expert legal advice from a Chicago-based lawyer who understands the ins and outs of the design industry and learn how to address some of the biggest risk factors designers face today and how your contract can (and more importantly, should) protect you. Follow the link for access to the free informational prevention about improving your interior design contracts.
From film to fashion, creative industries are taking steps to protect and promote original work. Designers and manufacturers need to know what steps they can take to protect their designs, their businesses, and their profits. As more interior designers develop signature styles and product lines, protecting original design is more important than ever. Many industry leaders have honed in on this idea, and are exploring the line between inspiration and replication.
In my recent CEU presentation “Contract Basics for Interior Designers,” I discussed repetitional harm that comes from bad clients, bad projects and competitors. My lecture is part of the Business of Design Lecture Series curated by Design Center at The Merchandise Mart. This event was held February 23, 2017. The growth of sites like Yelp! and other unmoderated opinion sites create an easy way to vent frustrations that may end up causing problems or designer professionals later.
Curiously, few have studied the application of State rights of privacy or right of publicity rights to Interior Design.
Right of publicity law is defined solely by reference to a patchwork of of state statutes and common law decisions. Different states have widely divergent right of publicity laws. This creates risks and uncertainty for a wide range of content producers. At the same time, strong federal protection to free speech rights often color these risks.
For example, take the State of Indiana. This state’s right of publicity statute is the most plaintiff-friendly in the nation, and it contains sweeping jurisdictional and choice of law provisions.
Comprised of connected devices such as thermostats, automobiles, electricity, televisions, fitness trackers, security/baby-monitoring cameras, medical devices, cell phones and tablets, IoT adoption is penetrating some of the world’s most regulated industries such as healthcare, energy, government, financial services, and retail. The potential size of the IoT market is staggering. Commercial-device-focused GE estimates the “Industrial Internet” market will reach $10-$15 trillion over the next 20 years. Consumer-focused Cisco estimates the “Internet of Everything” will be $19 trillion by 2020.
Several recent examples from researchers and manufacturers have shown just how easily privacy and security can be comprised by these devices. In April of 2014, research on Nest Smart Thermostats by Matthew Burrough and Jonathan Gill at U. of I. at Urbana-Champaign revealed two observations impacting privacy and security.
First, Nest appears to be “offline,” yet responds immediately to cloud-based (online) temperature control changes. Second, by interacting with the thermostat or triggering the motion sensors, persistent connections can be made. Taken together, the potential exists to exploit seemingly reasonable functional expectations (e.g., monitoring temp changes).
These technology and privacy legal issues are only likely to proliferate. Regardless of the outcome, the case highlights lessons for IT departments and others charged with safeguarding data on devices. As a precaution, it is useful to consult with the outside technology counsel to better understand you’re rates, obligations, and any limitations to your responsibilities for disclosure.
The entrepreneur panels are always the best attended and also seem to have the liveliest discussions.
- What is the best legal structure for my business?
- How do I protect my idea?
- What kind of contracts do I need?
- Should I use employees or independent contractors?
- Who else should be on my professional team?
Ordinarily one would tackle these in order. However, because the answer to #2 will inform the discussion around #1, it makes sense to address this first.
Chicago, IL October 7, 2016 @Adlerlaw has been selected to compete in The Expert Institute’s Best Legal Blog Competition.
From a field of hundreds of potential nominees, @Adlerlaw has received enough nominations to join the one of the largest competitions for legal blog writing online today.
Now that the blogs have been nominated and placed into their respective categories, it is up to their readers to select the very best. With an open voting format that allows participants one vote per blog, the competition will be a true test of the dedication of each blog’s existing readers, while also giving up-and-coming players in the legal blogging space exposure to a wider audience.
Each blog will compete for rank within its category, while the three blogs that receive the most votes in any category will be crowned overall winners.
The competition will at 12:00 AM on November 14th.
The competition can be found at https://www.theexpertinstitute.com/blog-contest/
Please search for @Adlerlaw and vote for us!
Contact: David M. Adler (866) 734-2568 firstname.lastname@example.org
@Adlerlaw is a blog devoted to helping executives, entrepreneurs and creative professionals identify, protect and monetize their ideas and exploit digital business platforms. Content is directly relevant to entrepreneurs and businesses that generate creative content like software developers, mobile application developers, start-ups, and even physicians.
The motivation to create @Adlerlaw stems from my experiences as a nominated member of the Illinois State Bar Association Intellectual Property Committee, running the Entrepreneurial & Start-up Ventures Committee and the Media, Arts & Entertainment Committee of the Chicago Bar Association, as well as public speaking in the areas of intellectual property, information technology, privacy, security and social media. Every forum meeting or presentation ended with in-depth questions from the audience. Since I rarely had time to answer these questions or provide any depth to my response, I decided to publish @Adlerlaw to share my knowledge and educate creative professionals to be better consumers of legal services.
While already on many people’s minds after the recent presidential debate, Cyber Risk, Privacy and Data Protection are growing concerns for businesses and consumers alike.
Here are eight (8) suggestions for building a stronger Cyber Risk, Privacy and Data Protection foundation.
The challenge with cyber security and data privacy has always been their breadth of reach. The most pressing IT security and legal issues facing lawyers and businesses continue to come from these areas. Mindful of information overload, lawyers, law firms, and businesses should develop specific cyber security measures from an IT perspective that you can use to be more secure.
Such strategies might include
1) ensuring familiarity with U.S. privacy legislation such as HIPAA, CAN-SPAM, COPPA, FCRA, GLBA, stated privacy laws, state data breach laws,
2) ensuring familiarity with international privacy legislation including the EU, Asia, Australia, and Canada,
3) knowledge of industry standard risk assessment processes, procedures and reporting (e.g., ISO 27001 , NIST 800-53, COBIT, ISO 27001/02),
4) performing privacy and/or security gap assessments,
5) conducting due diligence with or on third parties,
6) knowledge of technologies used to collect, share, access and use personal data,
7) training employees on best practices and techniques and empowering employees to seek CIPP or equivalent certification, and
8) regular evaluation of cyber insurance policies and coverages.
A recent study published in the Journal of Cybersecurity, found that security breaches were on the upswing, and sectors with the highest number of reported hacks were finance and insurance, health care and government entities. Ccosts include investigating the causes of a breach, notifying consumers, increasing customer support, paying for identity theft insurance or credit monitoring, and dealing with legal actions. Following these 8 steps is a good place to start strengthening a Cyber Risk, Privacy and Data Protection foundation
DISCLAIMER. This is not nor is it intended to be legal advice. Each situation is unique. You should direct any questions you have about your specific situation to competent counsel.