Elements of a Legal Contract Memorandum
Order ID 53003233773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages
Elements of a Legal Contract Memorandum
You are a new attorney, and your client, Amy Watson, is looking for legal recommendations to support her in understanding her rights and responsibilities as a photographer and as a business owner.
She would like to use her photographs on her website to showcase her work, but she feels nervous about potentially violating copyright and intellectual property laws. She also wants to make sure she does not violate employee rights if there is an employee who does not want their photograph online. When Amy comes into your office, she brings a copy of her contract with Firm X that was drafted by another attorney she had been working with previously. Below is an excerpt from Amy’s contract with Firm X.
The photographs produced by AW Photography are protected by federal copyright law (all rights reserved). If the client purchased an image DVD, the DVD purchase entitles the client to use the photographs on social media and websites as long as the images remain unaltered and textual credit is explicitly given to AW Photography. AW Photography maintains the right to its photographs, the company website, and social media sites to promote its business.
The photographs taken are individual property of AW Photography. Photographs may not be reproduced in any form, or sold without prior explicit written permission from AW Photography.
Currently, Amy operates her business as a sole proprietorship. She is the owner and has no employees. However, due to the growth of her business, her vision for the future includes potentially hiring someone to help manage day-to-day operations including scheduling, website maintenance, keeping of financial information, and oversight of potential future employees. In addition, she would like to hire two or three photographers so that she can book more photography sessions. Before she moves forward with her growth strategy, she is wondering if her new manager should actually be a business partner, and if her business should operate as a partnership instead of a sole proprietorship.
Amy would like your legal support with business applications as she considers moving her company forward. She travels widely for her business and has recognized a market demand for reasonably priced portrait and event photography. She is typically booked over a year in advance. She believes that there is a good business opportunity to either partner with other photography businesses or open other studios and hire studio managers to run those.
Legal Contracts: Amy asked that you explain the elements of the legal contract.
Describe basic elements that should be included in the contract for informing involved parties about legal issues and expectations. please ensure that you identify and describe all of the elements required for a valid contract to inform parties about legal issues and expectations. What is the definition of a contract? What are the elements required for a contract to be enforceable?
Explain the purpose of the contract for informing involved parties about legal issues and expectations. Include the following in your response: please ensure that you explain the purpose of a contract for informing involved parties about legal issues and expectations. You’ll also need to advise on how the current contract allows public use of photographs.
Does the current contract allow public use of the photographs? For example, could Amy post the photographs on her website for promotional purposes? Explain elements of the contract and describe their legal implications.
Intellectual Property and Copyright: Amy would like you to explain what she, as a commercial photographer, needs to know about intellectual property and copyright law.
Discuss the impacts and applications of intellectual property and copyright in business situations, differentiating between commercial and personal use. be sure that you also identify and describe the other two primary types of intellectual property. What is intellectual property? In addition to copyright, what are the other two primary types? Would either of these be applicable to Amy’s business?
Describe how Amy may legally use the photographs taken for Firm X. For example, may she use them for commercial and personal use, such as on social media? Please be sure that you clearly explain how Amy may legally use the photos she (as AW Photography) took for Firm X. Refer to the “COPYRIGHT AGREEMENT” and “REPRODUCTION” in the Project’s Scenario. Keep in mind that Amy is the owner/sole proprietor of AW Photography.
Describe how Firm X may legally use the photographs that Amy took. For example, may it use them for commercial use? And may employees use them for personal use, such as on social media? Please be sure that you clearly explain how Firm X may legally use the photos taken by Amy. Refer to the “COPYRIGHT AGREEMENT” and “REPRODUCTION” in the Project’s Scenario. Keep in mind that Firm X is the “client”.
Business Applications: Amy’s photography business has been growing, and she is considering making changes. She has operated under a sole proprietorship but now wants to organize as another entity and hire additional employees. Amy has asked for your suggestions about an appropriate business entity to consider. Include the following to support her in making this decision:
Define the following business entities: partnership, corporation, and limited liability company. Based on this, make a suggestion for the best type of entity for Amy, detailing why this would be a good choice. Discuss partnership as a business entity versus sole proprietorship for informing current business implications as a sole proprietor and potential business implications of a partnership.
Discuss the basic employment laws—including OSHA, FLSA, and privacy laws—that Amy should be aware of as she considers hiring her own employees.
Describe how privacy laws impact Amy and her employees’ use of photographs taken for business clients. Be sure that you describe how privacy laws impact Amy and her future employees’ use of photographs taken for business clients. How are privacy laws special when considering images? Are there different laws for other types of personal data or biometrics?
What to Submit
Every project has a deliverable or deliverables, which are the files that must be submitted before your project can be assessed. For this project, you must submit the following:
For this project, you will write legal recommendations for your client that address current concerns and support her with answers to business law questions. Your legal recommendations should be 3 to 5 pages in length.
Reference List For each source that you cite, you need to include the author’s name, the publication year, the title of the source, and the location of the source in a References section at the end of your work.
Be sure to include the following header when you submit your legal memo:
TO: Amy Watson
FROM: <Your Name>
DATE: <Date submitted>
RE: AW Photography Response
Elements of a Legal Contract Memorandum
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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