Creative Rights

San Francisco Trial Attorney Enforces Your Creative Rights

Knowledgeable assistance and proven strategies for artists and entrepreneurs

If you are a creator working on your own and not under contract to make your creations, such as an author, musician, artist, photographer or graphic designer, or programmer, you own any intellectual property created by your efforts.   Sometimes the creative work of employees and independent contractors belongs to somebody else.  But even if you own your intellectual property it is essential for you to take the steps necessary to protect and enforce those rights.  At Fergus, A Law Office, I help creators document, license and enforce their legal rights and where possible collect compensation for the use of their intellectual property. (Unfortunately, because of recent changes in the law, I no longer represent clients in connection with patent rights.)  Creative Rights include:

  • Copyright — I negotiate license agreements, draft transfers of copyright interests and advise clients on how best to protect and monetize their copyrighted works.  While I generally do not register copyrights for clients, I advise clients on how they can register their works with the United States copyright office.
  • Trade secrets — Do you have a secret sauce? Do you need to confidentially share the secret with others for business reasons.  I can help you negotiate trade secret agreements and non-disclosure agreements to protect your secret sauce.
  • Music and Performing Arts Agreements — Are you a musician who needs to negotiate an agreement to produce your next album? Do you need to negotiate an agreement with your band members allocating the rights to the music your band creates?  I can help you draft agreements to protect your rights as much as possible while still achieving your goals.
  • Commercial Use of a person’s image or likeness — California has restrictions on the commercial use a likeness or image of a person on products.  Often individuals are willing to negotiate for the use of their likeness, voice or image.  I can help you negotiate agreements that can protect the use of your image or likeness while still generating revenue for approved uses.  .

If you are a creator, an experienced IP attorney can help. For more than 30 years, I have been AV® Preeminent™ Peer Review Rated by Martindale-Hubbell® , so you can be assured of my professionalism and ethics.

Contact Fergus, A Law Office to protect your creative rights

You must understand your rights in the work you have created.  It is important to retain a lawyer with the experience to advise you about protecting your rights and to negotiate agreements to monetize those rights.   I’m proud of my reputation for passionate and dedicated representation for each client I serve. To schedule a consultation, call Fergus, A Law Office at 415.537.9030 or contact my San Francisco office online.