Intellectual Property for Business People

Last Updated on Sunday, 27 August 2023 03:21 Written by Chris Griswold Monday, 12 August 2013 03:53

I’m often asked intellectual property questions by business people. To sum up those frequently asked questions, I want to quickly hit the basics which everyone should be aware of to help them “stay out of trouble” (and don’t forget to click on my Facebook or YouTube links below to also see my short video on this material).

Intellectual Property for Business People

First, understand that, with or without having obtained a copyright in advance, all original works by an author have, by law, copyright protection afforded them under the law. Now, in order to actually successfully prosecute a copyright infringement suit, it’s much easier to prevail having previously obtained a copyright on such work. However, just because a copyright wasn’t obtained ahead of time doesn’t mean that no copyright protection exists or that the author would have no rights under the law – provided the authenticity and originality of the work at issue can be proved by such author.

Second, in situations where a business owner hires someone to do work for the business owner, keep the following distinction in mind:

A) If the person whom the business person hires is actually an employee of the business owner, the work product (including any and all copyright protection afforded to such original work) will belong to the business owner;
B) However, if the person whom the business owner hires is an independent contractor, then the work product (including any and all copyright protection afforded to such original work) will belong to the independent contractor. Accordingly, if a business person hires a photographer or a website designer to do work and they’re not an employee of the business person, then, until the business person obtains an assignment and release of any and all of the independent contractor’s rights to such work, the copyright protection afforded to such original work will continue to belong to the independent contractor – not the business person!

What My Clients Are Saying

“Chris Griswold has been a tremendous asset in making my dream a reality! His legal advice, strong business acumen and initiative in helping me find the answers got me started on the right track. His honesty, common sense and strong interest in helping me succeed was a welcome addition in finding the right partner for legal advice and direction. I look forward to working with him again in the future.”
Margaret Holloway / Partner, Café 501 and Boulevard Steakhouse; President, Senior Care Network / Oklahoma City, Oklahoma

Tornado Planning

Last Updated on Sunday, 27 August 2023 03:21 Written by Chris Griswold Monday, 10 June 2013 08:14

With all the recent tornado activity, and knowing that many are short on time dealing with the aftermath of all the related damage, I want to keep things short this month and focus on just a couple of simple things everyone should keep in mind to help make life easier (and don’t forget to click on my Facebook or YouTube links below to also see my short video on this material).

 Tornado Planning

First, take pictures of all your stuff, in advance.  A lot of pictures.  Whether you have full replacement or actual cash value coverage on the contents of your dwelling/place of business, it’s much better (and easier) to remember what you had (and to justify/document any claims you may have to later make) if you have a relatively complete and current inventory of all your stuff.  This goes for the month of May for every year in Oklahoma.

Second, if you have or regularly take any medications/prescriptions, especially ones like critical, heart medication, you need to make arrangements ahead of time to ensure there isn’t any delay in replacing such important medications/prescriptions if you lose them.  Why?  It usually takes 2-5 days to get such medications replaced, sometimes longer, and that’s too long….  So, call your doctor and see what you can do in advance to avert any delays in re-obtaining important, life-saving medications after a natural disaster.  In the alternative, you may want to give your important medication/prescription papers (or copies of those papers) to a trusted friend or family member across town to ensure that you don’t lose access to these important documents.

What My Clients Are Saying

“Just a note to let you know how much I have appreciated your help in the past with lease preparation and certain lease particulars that the lay person may sometimes not be familiar with. You have demonstrated a good balance of getting past certain points of law that when considering the lease in its entirety, have a tendency to slow the deal process. As I continue to do more business with larger companies, especially public companies, your knowledge of what is relevant and what is not is of great benefit. I also value you not interjecting yourself in the business points of a transaction except when appropriate. I trust that we will be doing business together for many years to come.”
Mark Ruffin, Precor / Ruffin / Oklahoma City, Oklahoma

Oklahoma Surface Damage Act

Last Updated on Sunday, 27 August 2023 03:21 Written by Chris Griswold Friday, 12 April 2013 09:20

In Oklahoma and Texas, we’re all thankful for our oil and gas industry.  It drives our local and national economy and is one of the main reasons we, as a region, have weathered the national recession so well.  This month, we’re going to talk about the Oklahoma Surface Damage Act (codified as 52 O.S. 318.2-318.9) and which we’ll hereafter refer to as the “Act.”  For all of the people out there reading this that don’t normally involve themselves with the minutia of the oil and gas industry, including the Act, I’d urge you to read more below as you’ll be sorely surprised just how the Act can unexpectedly seep into your life (and don’t forget to click on my Facebook or YouTube links below to also see my short video on this material).

The Oklahoma Surface Damage Act

What is the Act?  In Oklahoma, a surface owner cannot prevent a mineral owner (including the royalty interest owner and/or the working interest owner(s)) from accessing (i.e. drilling and producing) the minerals under the surface owner’s estate (i.e., the ground) so long as the mineral owner complies with all of the terms and provisions of the Act.  While it isn’t the purpose of this article to cover the comprehensive requirements imposed upon the mineral owner and surface owner under such Act, suffice it to say that under the Act, “[w]ithin five (5) days of the date of delivery or service of the [mineral owner’s] notice of intent to drill, it shall be the duty of the [mineral owner] and the surface owner to enter into good faith negotiations to determine the surface damages…” which will result due to such drilling.  The Act (whose purpose was to simplify a previously more complicated judicial process), requires that these “good faith negotiations”  determine surface damages according to the difference in the fair market value of the subject property both before and after the drilling operations.

What does any of this have to do with me?  In Oklahoma, most of the oil and gas development occurs in rural areas.  In these rural areas, if the mineral owner and surface owner can’t agree upon an amount of surface damages (assuming it’s just a corn field or cotton field at issue), the court will ultimately set surface damages at somewhere around the $10-15k mark (as a rough, general rule) since the surface damages will merely be a “ruffling of the soil.”  In urban areas, where property has already been improved and structures/buildings have already been erected upon real property, oil and gas development is highly curtailed since the law prevents: i) oil and gas drilling sites from being located any closer than X feet (usually 125 feet) from any structure, and ii) mineral owners from drilling on property occupied by buildings/structures (i.e., you can’t tear down a building to drill).  However, in transitional areas which surround growing metropolitan areas (i.e., where agricultural land is being transitioned to residential/commercial use), things get interesting….

How do they get interesting?

When mineral owners wish to drill in these transitional areas, these mineral owners will occasionally stumble upon a developer (including an entity running any land bank), a business owner or an individual who was planning on building a commercial or residential structure in such area.  By law and pursuant to the Act, the mineral owner can commence drilling in such transitional area – even if building permits (which never expire) and construction drawings have already been obtained and approved.  What would the surface damages be?  It depends.  However, one thing is for sure, the drilling will be permitted by the Act and relevant law.   

Things to take away?  First, the Act only gives the surface owner landlord (not the surface owner tenant) standing to enter into negotiations with the mineral owner to determine surface damages – something that should be addressed in any build to suit situation where a property will be leased.  Second, prior to getting that certified mail notice in the mail from the mineral owner of their intent to commence drilling operations, surface owners in these transitional areas should consider entering into surface use agreements with the mineral owner(s) so that these damages can be liquidated in advance.  Third, if you’ve got your hands on a piece of property you expect to develop, do your homework on any possible, forthcoming oil and gas drilling in the area lest you “wait too long” and you get a notice in the mail from the mineral owner….  Thanks go to Gregory Harjo, Esquire, the principal of Harjo & Associates, P.C. in Edmond, OK (405.341.7708) for his help in writing this article.

What My Clients Are Saying

“Chris Griswold was instrumental in negotiating a very solid, long-term lease for our new bank branch in Oklahoma City.  His industry knowledge helped us avoid several potential pitfalls with a landlord that was somewhat difficult at times.  It was a pleasure to work with Chris because of his professional style and easy going demeanour.”
Charlie Crouse / President / Summit Bank / Oklahoma City, Oklahoma