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I am developing an education model in order photographers to

Customer Question
I am developing an education...
I am developing an education model in order for newborn photographers to become safety certified in newborn photography. I have two questions:
1. how do I patent this or can it be? Do I just need to copyright the information. I want to protect the model from being copied! Do I do a non-compete clause and copyright the educational material?
2. How do I protect myself and the doctors that will be reviewing it? I am getting a few doctors to review the material and then using their names and pics to add merit to the project. I just don't want anyone coming back on the doctors or I if something happens to one of their newborn's they are photographing.
Thank you!
Submitted: 1 year ago.Category: Business Law
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Answered in 1 hour by:
6/20/2016
Business Lawyer: Gerald, Esq, Lawyer replied 1 year ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Business Law
Satisfied Customers: 4,570
Experience: 30 years of experience
Verified

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

1) Your intellectual property in the educational materials that you are developing are protected by copyright NOT patent law. You will want to learn at least the basics about copyright law. This link is a good start on that process:

https://www.lib.purdue.edu/uco/CopyrightBasics/

2) The name of your educational model, the name of your company, and any terms or phrases that you use to transmit the concept of your model may be further protected under Trademark law. See:

https://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm

3) To further protect your work you may wish to use certain tyoes of agreements (or terms in your agreements). This would include a non-compete clause, but it would also include Non-Disclosure clauses.

The Non-compete protects you form other individuals going into competition with you. The non-disclosure clause prohibits them from disclosing your intellectual property and trade secrets.

see:

http://www.nolo.com/legal-encyclopedia/sample-confidentiality-agreement-nda-33343.html

Most non-compete agreements focus on an employment style relationship, so you would need to have one edited to meet your needs. But here are samples to look at:

http://contracts.onecle.com/type/21.shtml

4) You can protect the doctors through an indemnification agreement. An indemnification agreement tells the doctors that you will protect them against liability if they are sued for their endorsement. I am not aware of successful litigation against a person for making an endorsement.

5) To try to protect yourself from liability you will need to consider a range of tools: incorporation, disclaimer language in your agreements, and very importantly insurance.

There is a lot of homework in each of these areas for you to do. If you are serious about investing your time and energy into this program (and it sounds promising) then you should invest some money with a business attorney who can build the documents you need tailored to your needs, as well as register and protect your Intellectual Property.

See:

http://lawyers.findlaw.com/lawyer/practicestate/business-commercial-law/ohio

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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