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We're starting up a new website. We already have the domain registered and we are going to begin development ASAP. We are going to hire someone to put together a logo for us as well as a front end design, but all backend development is being done by me.

What are the steps I need to take at this moment to protect the company. Things like trademarks, copyrights, everything. Is there anything special I need to do when I pay someone to do the design work for me so he/she doesn't steal anything?

I have never done anything like this before so I'm completely in the dark here...=/

Thanks ahead of time guys.

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3 Answers

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Hey scott, Best of luck on your new venture.

Your probably want to great an IP agreement for your contractors. With any designer you want to make sure, in writing, that you own the full rights to what is created for you or your company. In the USA your work is automatically copyrighted. You can go further and apply for trademarks for your logos and name (if they are trademarkable), but it is not really necessary to start. Things like google and coca cola are trademarks, i wouldnt do that just yet.

If your application does something amazing that has never been done before you may want to consider trying to patent the technology.

None of this actually stops people from copying your work, concepts and even code. All it does is give you a tool to file for damages (usually not worth the $$ of doing)

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When you say USA automatically grants me a copyright, this is true? So basically, this copyright pertains to the code correct? And nothing else? – Scott Oct 26 '10 at 13:53
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A copyright applies to anything that is created by you,,, art, literature, code. You can file a copyright with the US government, but its not necessary. In the old days, all you would do is print all your work, and mail it to yourself. Or publish somewhere where you could prove you had it first. – Frank Oct 26 '10 at 14:00
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You get an automatic copyright in any country that has signed the Berne convention. HOWEVER- in the US the legal rights you receive from an automatic copyright are very different from the ones you get when you register your copyright. See: answers.onstartups.com/questions/14770/… – Gary E♦ Oct 26 '10 at 15:17
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I agree with Franky B regarding the designers/contractors. About the trademark concern, take a look at this question I posted a few weeks ago, I got a lot of great responses and they are all about the trademark topic. Hope it helps.

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Dealing with Software contrators could be tricky specially if you are trying to 'offshore' it. It works well only if you a techie and know what you want and how you want. If you are outsourcing locally you may be better off if this is your first software startup. Definitely get the NDA and IP Agrements signed and also if it is possible to split your startup in components that can be coded separately then you can hire two separate developers/teams to work on them.

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I'm actually doing all the development. The design and logo design are the only things being contracted out. – Scott Oct 26 '10 at 14:49

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