Business Law

Small Businesses and Entrepreneurs

Representing entrepreneurs and small businesses in Arizona and nationwide, Mableson Law offers legal counsel regarding all aspects of commercial transactions routinely seen in business organizations. Business law encompasses the law governing contracts, sales, commercial paper, agency and employment law, business organizations, property, and contracts. Business law also includes issues such as starting, selling ,or buying a business, managing a business, dealing with employees, and dealing with commercial transactions. Ms. Mableson holds a Bachelor of Science in Business Administration (Finance) and her focus is always on the bottom line.

Mableson Law serves small businesses (defined to include all businesses with under 500 employees) and is exceptionally positioned to understand the challenges facing business owners in this economic environment.  Mableson Law has represented the Arizona Small Business Association (ASBA), an Arizona trade organization with over 15,000 members and 11,000 businesses in Arizona.

Contract Drafting, Negotiation and Closing

Contracts are our stock in trade. As an exceptional drafter, negotiator, and dealmaker,  Connie J. Mableson takes pride in helping her clients enter into beneficial, risk adverse agreements, including shareholder/member agreements and purchases or sales of stocks, assets, and entire businesses. We are qualified to handle complex business transactions, always working to close deals as swiftly as possible, while protecting and advancing our clients’ interests. We also prepare loan documents, security agreements, and other instruments evidencing and securing debt. Some of the types of contracts we assist client with include:

  • Employment Contracts
  • Confidentiality Agreements
  • Independent Contractor Contracts
  • Marketing Agreements
  • Manufacturing and Distribution Agreements
  • Web Developer Agreements
  • Trade Secret Agreements
  • Sales Contracts
  • Works Made for Hire
  • Commercial Leases
  • Employment Contracts
  • Real Estate Purchase Agreements and Closings
  • Independent Contractor Agreements
  • All general business agreements
  • Joint Venture Agreements
  • Intellectual Property Holding Companies & License Agreements
  • Intellectual Property Asset Structuring
Business & Technology

With many entrepreneurs utilizing the Internet to start and expand their companies, traditional business models and conventional growth strategies are becoming antiquated rapidly. Businesses must increasingly focus on content ownership, not only to protect but also to maximize their assets. Establishing content ownership is important because while the dispersal of information across a variety of media offers entrepreneurs and businesses wide exposure and growth potential, it also makes one’s work vulnerable to improper use by others.

We work with our clients to develop, implement, and optimize new media outlets that are legally secure and financially profitable. – See more at: https://mablesonlaw.com/practice-areas/business-law/#sthash.Q9FUjwPG.dpuf

Corporations & LLCs

Choosing the Entity Structure for your Operating Company and Intellectual Property Holding Company (if you need one)

Choosing the right type of business organization during the formation process is often the first step to building a successful enterprise. We help to structure new businesses, including corporations and limited liability companies (LLCs), ensuring that the organizational scheme best suits your business needs and protects you from both legal and financial liabilities. Also, we assist businesses in the preparation and implementation of articles, bylaws, and operating agreements. Connie aims to fully account for the size, mission, and ultimate goals of your business, and to provide practical advice and legal counsel with an eye to your bottom line.

When we assist clients with their initial planning and formation, we do so with an eye toward the future. Accordingly, our firm also offers continuing services, helping clients to comply with corporate formalities, maintain accurate records, produce annual reports, manage assets, and ultimately, develop and grow.

We routinely file and form Corporations and LLCs, prepare bylaws and operating agreements, advise on buy-outs, mergers & acquisitions, corporate governance, succession planning, corporate contracts, shareholder and member agreements. We provide advice and consultation and comprehensive representation in all aspects of entity formation, governance, and general corporate matters including the following areas:

  • Formation of Corporations (C & S Corporations)
  • Formation of Limited Liability Companies
  • Non-Profit Corporations
  • Articles and Bylaws
  • Operating Agreements
  • Annual Reports
  • Reorganization
  • Shareholder/Member Agreements
  • Mergers & Acquisitions
  • Purchase or Sale of Stock
  • Purchase or Sale of Assets
  • Purchase or Sale of a Business
  • Succession Planning
  • Corporate Governance
  • Advising Board of Directors and Officers
  • Annual Meetings
  • Maintenance of Corporate Books & Records
  • Corporate Dissolutions
  • Employment Agreements
  • Independent Contractor Agreements
  • Confidentiality Agreements
  • Trade Secrets and Non-Compete Agreements

Experienced, Innovative, and Practical Legal Advice and Representation

For over 36 years, Mableson Law has provided advice, consultation services, and comprehensive representation in all aspects of business formation, governance, and general corporate matters. If you or your business needs assistance with planning, contract negotiation, or if you have an intellectual property or technology concern or opportunity, please contact our office for a consultation. We always keep an eye on the bottom line.

– See more at: https://mablesonlaw.com/practice-areas/corporate-law/#sthash.PJla8GVz.dpuf

Intellectual Property

Nationwide Clients and Representation

Although based in Phoenix, Arizona, Mableson Law represents creative artists, entrepreneurs, techies, and businesses in intellectual property (IP) and related corporate matters throughout the United States and worldwide.

Copyrights & Trademarks

Ms. Mableson assists clients with copyright and trademark registration, licensing, and enforcement.  She is experienced with the filing and review procedures of the United States Copyright Office and Patent and Trademark Office (PTO).  She also prosecutes and defends trademark and copyright infringement matters, including issues of fair use and unfair competition. In all cases, she advises as to both the protection and ownership of intellectual property and as to the risks and benefits relevant to various options to enforce ownership, from filing suit to mediation. Please refer to our pages devoted to copyrights and trademarks for more information about procuring and protecting your IP interests.

E-commerce & Internet Business

In the digital age, technology and communications play an essential role within the business world. Our firm champions the systems that use new technology to expand commercial outlets for entrepreneurs and business owners. We provide knowledgeable legal counsel regarding software and consulting contracts, convergence, technology licensing, cyberlaw issues, and the Digital Millennium Copyright Act (DMCA).

Literary Publishing

Mableson Law provides legal services related to traditional book publishing and new media. We draft, review, and negotiate literary contracts, and are able to assist authors with issues created by the advent of online publishing, digital book downloads, and e-books. Because new media presents many opportunities and challenges to authors, book writers need to have someone handle the business side of writing. We help authors understand their rights and options in the digital age. See www.literaryattorney.com.

Arts & Entertainment

Being in the art, film, television, or music business requires dealing with a multitude of different people and entities, and while all parties involved in a project must work together to see its successful completion, each seeks to promote and profit from his or her own contribution. Ms. Mableson understands the dynamics of the arts and entertainment industry, helping artists and entrepreneurs to protect and maximize their rights and interests. Her clients include musicians and bands, record labels and music publishers, record producers, film companies, event promoters, recording studios, radio and TV personalities, comedians, film animators, managers, visual artists, and galleries.

Business Law

Ms. Mableson assists individuals and entrepreneurs with business formation, and provides consulting services with regard to organizational strategies, contractual agreements, and asset management, among other compliance-related matters. Please see our business law page for additional information regarding business formation and planning.

Interactive Digital Media

Interactive digital media encompasses computer products and services that respond to the user’s actions by presenting content such as text, graphics, animation, video, and audio. Because we continually work to stay abreast of technological advancements and how they impact traditional business models, we are qualified to handle the legal issues presented by interactive digital media, including MMORPG and video gaming ownership issues, virtual world, second life, and in-world business issues, jurisdictional disputes, and conflict resolution.

Digital Assets

Our firm advises and acts on behalf of clients seeking to protect their digital assets from unscrupulous Internet users and competitors. Digital assets include:

  • Email accounts
  • Financial information and accounts
  • Online bills
  • Online businesses
  • Web pages and blogs
  • Social networking accounts
  • Registered domain names

Seek Experienced and Practical Advice

For over 36 years, Mableson Law has devoted its practice to helping creative artists and media-based companies use effective legal strategies and new technology to protect and maximize their intellectual property assets.  If you or your business needs assistance with any aspect of intellectual property or business law, please contact our office today for a consultation.

Copyright

Connie assists clients with copyright registration, licensing, and enforcement. We are experienced with the filing and review procedures of the United States Copyright Office. We also prosecute copyright infringement matters, including issues of fair use and unfair competition. In all cases, we advise as to both the protection and ownership of intellectual property and as to the risks and benefits relevant to various options to enforce ownership, from filing suit to mediation. We consult on all areas concerning securing protection and ownership of ideas, concepts, and creative works in all areas such as computer and internet, all art disciplines (literary, visual art, performing arts), media, technology, trade secrets, employment contracts, and independent contractor agreements. Our services include:

  • Copyright Advice
  • Copyright Registration
  • Licensing, transfer and assignments
  • Copyright ownership disputes
  • Work-made-for-hire agreements
  • Collaboration and joint ownership Agreements
  • Internet and digital distribution Agreements
  • International Copyright
  • Copyrights & Estate Planning

What is a Copyright?

Copyright SymbolCopyright law protects original, creative expression. Copyright law protects “original works of authorship” that are fixed in a tangible form of expression. The fixation may be communicated with the aid of a machine or device, such as a computer. Copyrightable works include the following categories: literary works, musical works, including any accompanying words, dramatic works, including any accompanying music, pantomimes and choreographic works, pictorial, graphic, and sculptural works, motion pictures and other audiovisual works, sound recordings, architectural works, and computer programs.

Trademark, Patent, or Copyright?

A copyright protects works of authorship, such as writings, music, and works of art that have been tangibly expressed.

A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. The term “trademark” is often used to refer to both trademarks and service marks.

A patent is a limited duration property right relating to an invention, granted by the United States Patent and Trademark Office in exchange for public disclosure of the invention.

Trademark

What is a trademark or service mark?

In short, a trademark is a brand name. A trademark includes any word, name, symbol, device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.

Must all marks be registered? No, but federal registration has several advantages, including a notice to the public of the registrant’s claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.

What We Can Do to Help You Avoid Potential Pitfalls

Filing a trademark application at the USPTO starts a legal proceeding. Most applicants hire a private attorney who specializes in trademark matters to represent them in the application process and provide legal advice.

Mableson Law can help you before, during, and after the trademark application process, including policing and enforcing any trademark registration that may issue. While you are not required to have an attorney, an attorney may save you from future costly legal problems by assisting with name selection and name searching before you file your application. Name searches are important because other trademark owners may have protected legal rights in trademarks similar to yours that are not federally registered. Therefore, those trademarks will not appear in the USPTO’s Trademark Electronic Search System (TESS) database but could still ultimately prevent your use of your mark. In addition, we can help you during the application process with several things that could seriously impact your trademark rights, such as determining the best way to describe your goods and services and preparing responses to refusals to register that an examining attorney may issue. Finally, we can also assist in the policing and enforcement of your trademark rights. The USPTO only registers trademarks. You as the trademark owner are responsible for any enforcement.

Mableson Law knows how to protect your brand identity and can advise you in all aspects of choosing a mark that is not confusing similar to your competitor’s mark, filing an application, and post-registration issues. We also handle:

  • Trademarks & Servicemarks
  • Tradenames
  • Trademark searches and availability
  • Trademark Registration and Maintenance
  • Trademark ownership disputes
  • Licensing, transfer and assignments
  • Trademark License Agreements
  • Trademark Infringement Lawsuits

Trademark, Patent, or Copyright?

A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. The term “trademark” is often used to refer to both trademarks and service marks.

A copyright protects original works of authorship, such as writings, music, and works of art that have been tangibly expressed.

A patent is a limited duration property right relating to an invention, granted by the United States Patent and Trademark Office in exchange for public disclosure of the invention. Patents are prepared by registered Patent Attorneys.

Connie-Mableson-Trademark

Entertainment Law

As a creative in the art, film, television, music business, or book business requires you to promote and profit from your creative efforts. We understand the dynamics of the arts and entertainment industry, helping artists and entrepreneurs to protect and maximize their rights and interests. Our clients include musicians and bands, record labels and music publishers, record producers, film companies, event promoters, recording studios, radio and TV personalities, comedians, film animators, managers, book authors & publishers, literary agents, visual artists, and galleries. Ms. Mableson teaches Entertainment Business Contracts at the Sandra Day O’Connor School of Law at Arizona State University.

We routinely handle transactions and contracts in the following industries:

Comprehensive Negotiation and Drafting

Contracts are our stock in trade. As an exceptional drafter, negotiator, and dealmaker, firm principal Connie J. Mableson takes pride in helping her clients enter into beneficial, risk adverse agreements. We are qualified to handle even the most complex transactions, always working to close deals as swiftly as possible, while protecting and advancing our clients’ interests. A few of the matters we work on for our clients include:

Music

  • Recording Agreement
  • 360 Agreements
  • Music Publishing Agreement
  • Manager Agreement
  • Agent Agreement
  • Co-Publishing Agreement
  • Songwriter’s Agreement
  • Collaboration Agreement
  • BMI & ASCAP Agreements
  • Studio Agreements
  • Studio Spec Agreements
  • Copyright Performer Releases
  • Loan Out Agreement
  • Sampling License
  • Music Video Agreements
  • Music Industry Agreements
  • Tour Agreements

Film & Television

  • Literary Option Agreements
  • Actor Agreements
  • Director Agreements
  • Producer agreements
  • Financing Arrangements
  • Writer Agreement
  • Distribution Agreement
  • Crew Deal Memo
  • Location Release
  • Music Synchronization Agreement
  • Composer’s Agreement
  • Life Story Rights Agreement
  • TV Syndication Agreement
  • TV Program License Agreement
  • Selling and securing story and publicity rights
  • Distribution agreements
  • Literary Property Option agreements
  • Rights clearance and acquisition

Book Publishing & Independent Authors – See our pages devoted to Literary & Publishing.

  • Book Publishing Agreement
  • Contract with Book Distributor
  • Author Publisher Agreement
  • Author Collaboration Agreement
  • Ghost Writer Agreement
  • Interview Releases
  • Permissions and Clearances
  • Electronic Publishing
  • eBooks
  • Audio Book Rights
  • Content Licenses
  • Independent Authors &  Self-Publishing

Rights of Publicity

  • Publicity and celebrity rights protection
  • Publicity and celebrity rights licensing

Art Law

  • Artists-Dealer transactions
  • Moral rights of artists
  • Merchandising Visual Art

– See more at: https://mablesonlaw.com/practice-areas/arts-and-entertainment/#sthash.a4YtA0x2.dpuf

Websites & E-commerce Law & Contracts

In the digital age, technology and communications play an essential role within the business world. Our firm champions the systems that use new technology to expand commercial outlets for entrepreneurs and business owners. We provide knowledgeable legal counsel regarding software and consulting contracts, technology licensing, cyberlaw issues, and the DMCA. Mableson Law Group is a digital pioneer and often is on the leading edge of legal issues regarding the intersection of the law and new digital platforms and issues. Ms. Mableson has been representing clients in the digital online space since 1992. Mableson Law Group routinely deals with issues and contracts relating to:

  • Web Site Design Contracts
  • Website Operations
  • TOU, TOS, EULA, Privacy Policy, DMCA Policy
  • Communications Decency Act
  • Advertising/Marketing
  • E-Evidence
  • E-Payments
  • E-Signature
  • Electronic Contracts
  • Jurisdiction
  • Online Privacy
  • Online Contracting
  • Search Engine Law
  • Digital libraries
  • E-Commerce Taxation
  • Electronic Contracts
  • Entertainment/Music
  • SOPA/PIPA/ACTA
  • Internet Censorship
  • Internet Governance
  • Spam
  • Online Privacy
  • Online Retail
  • Cybercrime
      • Contract and License Review and Negotiation
      • Cyberspace and Internet Law
      • E-commerce Law
      • Social Media
      • Future Law
      • Intellectual Property Law
      • IP Licensing
      • Information Technology Law
      • Network Security Law
      • Open Source License Law
      • Privacy Law
      • Service Level Agreements
      • Software Licensing
      • Technology Law
      • Internet and Multimedia
      • Website development and hosting
      • Trademark and copyright licensing
      • Domain name protection
      • Rights acquisition and clearance
      • Privacy and publicity rights issues
      • Internet joint venture agreements
      • Independent contractor agreements
      • Merchandising agreements

Reported Case: Cybersell v. Cybersell

 

Books, Self-Publishing & Traditional Publishing

Author Representation & Book Contracts

Connie J. Mableson has over 20 years experience in the book industry representing authors and publishers related to traditional book publishing and digital publishing. She drafts,  reviews, and negotiates all kinds of  literary contracts, and is able to assist authors with issues created by the advent of online publishing, digital book downloads, and e-books.  She understands self-publishing as she is an author who first self-published her books about the DMCA (Copyright) and then was picked up by a major publishing house. The ABA will be publishing her DMCA Handbook for Websites and Authors in 2018.  We help authors understand their rights and options in the digital age.

Platforms: Print, e-book, Kindle, Nook, and more.

Contracts: Traditional Print to Digital

Agreements and Deals: From start to finish such as –

  • Literary Agent Contracts
  • Blog Law
  • Author – Agent Agreements
  • Collaboration Agreements
  • Non-Fiction Book Proposals
  • Ghost Writing Agreements
  • Permissions and Clearances(names, pictures, and biographical information)
  • Defamation, privacy and right of publicity rights issues
  • Publisher’s Releases
  • Interview releases
  • Royalty Agreements
  • Author-Publisher Agreements
  • Publishing Contracts
  • Publisher Disputes
  • Book Distributor Contracts
  • Printing Contracts
  • Screenplays
  • Self-Publishing Legal Issues
  • Interview Clearances
  • Book to Film Options
  • Book to Movie deals
  • Literary Executor Issues

 

 


Self-Publishing

Once frowned upon as the ugly step-sister of the publishing world, self-publishing in the digital age of “print on demand” (POD) is now viewed as a legitimate means for breaking out an important title that a traditional publisher would never consider. Authors can now use the many self publishing and print on demand services available on the internet and can easily publish in traditional print and in electronic format. With e-books are outselling paper based print books, the opportunities available to authors are tremendous.  We enjoy working with authors to make sure the legal side of their self-publishing ventures are in order and positioned for immediate and future success. We have self-published legal books ourselves and we have a first hand, boots-on-the-ground understanding of the entire process from start to finish.

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Clients

Our clients include a large number of New York Times bestselling authors together with many clients signed to major publishing houses, independent publishers, and those who successfully self-publish. We represent authors on all aspects of their writing business from the proposal to the publishing contract to the film adaptation of the book and beyond. We take great pride in positioning authors and creating a platform for authors to reap the benefit from their ancillary rights derived from their books such as book to film, book to graphic novel, book to television series, merchandising, and so on.

Just a few of Connie’s clients include:

 

Stephenie Meyer – The NYT Best Selling Twilight Series of Books, Films and Merchandising. Click on her book covers for more information.

 

Shannon Mayer– a first class worldwide, prolific and mostly self-published author who has an amazing brand and wonderful books.  Click on her book covers for more information.

 

Allison DuBois – The Prime Time Emmy Award winning show “MEDIUM” and her NYT Bestselling Books. Click on her book covers for more information.

 

Kerrie Droban – NYT Bestselling author of true crime stories. Click on her book covers for more information. Her books have also been featured on TV series.  Click on her book covers for more information.

 

Marshall Terrill -writes about sports stars and movie stars. If you are a fan of Steve McQueen, his books are especially for you. Click on his book covers for more information.

 

Kelly Greenawalt and Amariah Rauscher wrote an award-winning children’s book series and got it published by Scholastic! Click on their book covers for more information.

 

Judith Coopey – writes about the underground railroad and has interest from TV production companies to adapt to a series. Click on her book cover for more information.

 

Tray Goodman – Your “go to” for all things Film, Video, sports video, commercials, sage advice and all around good guy.  Click on his book covers for more information.

 

Andrea Kamenca – Business woman, thought leader and expert. Click on her book covers for more information.

 

Rick Shapiro/Innovative Healing Press – writes about How to kick cancer based on real life studies. Click on his book covers for more information.

 

Connie H. Deutsch – visionary, healer and prolific author, Connie’s books & her FB group are inspirational. Click on her book covers for more information.

 

Hale Dwoskin – NYT Bestselling Author of the world renown, The Sedona Method.  Click on his book covers for more information.

 

Sherry Ward – writes about the backstories of famous songs from the 60s and 70s. Click on her book cover for more information.

 

 

Deborah McTiernan – writes books for kids AND adults with her Lily Noble series.  Click on her book covers for more information.

 

Z-Health® – Click on the book cover for more information.

 

Linda Cobb aka The Queen of Clean – NYT Bestselling Author . Click on her book covers for more information.

 

Kelly Schaeffer – writes about her life changing experience in a wheelchair and the wonders of her life.  Click on her book cover for more information.

 

Robert Sumner – Gun and hunting expert. Click on his book cover for more information.

 

Daniel Hernandez – Biography published by a major publishing house.  Click on his book cover for more information.

 

 

Francisco “Pancho” Quintana – Biography based on his real life experience where he was the sole survivor of a catastrophic flood in a slot canyon. Click on his book covers for more information.

Sharon Kether – a sensitive who writes about her life and her abilities. Click on her book cover for more information.

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