The Best Holiday Gift For the Entrepreneur In Your Life!


The holidays are here! What are you getting the entrepreneur and online business owner (EOBO) in your life?

Here’s a suggestion. How about something that every EOBO needs but probably doesn’t have? How about a unique and thoughtful gift your EOBO can’t live without, whether he or she knows it or not?

What I’m talking about is a LegalShield membership.

What’s this? Well, for less than the price of a cup of coffee per day, your EOBO can have a top-rated law firm in his or her corner to help with everyday business needs. Legal advice, answers to legal questions, document reviews, letters, phone calls, feedback, advice, and so much more are only a click, phone call or meeting away.

Look, I’ve been practicing law for 30 years and am a big fan of this fantastic service, especially for all of my clients and friends who are EOBOs. I even wrote about this service earlier this year here.

If you’d like to give your EOBO the ultimate stocking stuffer this holiday season, give him or her a LegalShield plan. If your EOBO has a home-based business, then take a look at the personal or family plan and add the home business supplement. If your EOBO is doing business out of a traditional small office, then the small business plan is the way to go.

Put a smile on the face of the EOBO in your family this holiday season. Click here to learn more and get started. Also feel free to reach out with any questions!

2017 ABA Top 25 Legal Twitter Accounts!

Honored to me included as one of the top 25 legal Twitter accounts to follow in 2017!

Take a look at the American Bar Association’s 2017 ABA Journal 100 Web Best Law 25 Twitter List, blogs and more.

If you’re interested in law, business, social media, livestreaming, community service, technology, life skills, politics and sports, then connect with Mitch on Twitter @mitchjackson

How To Legally Use Other People’s Copyrighted Material

Despite the title, it’s essential for me to start off this post with the same advice I give my clients. It’s as follows:

If you didn’t create the content you want to use, don’t use it without the express written permission of the creator or legal rights holder.

Also let me say, right off the bat, that while I am a California lawyer, I’m not your lawyer. No legal advice is given in this post. What I am doing in this post is sharing a legal concept that you might find useful. Please do us both a favor and use these steps to find and contact a lawyer in your state with any questions.

Now that I’ve gotten that off my chest, there are times when you may be able to legally use someone else’s copyrighted material (pictures, videos, parts of blog posts) without their permission. This happens when your use falls under what is called the Fair Use Doctrine.

Fair Use Doctrine

The Fair Use Doctrine (FUD) is a United States law that allows for the limited use of copyrighted material. Under the FUD, you do not first need to get the permission of the copyright holder before using the content.

The FUD exists to try and balance the interests of the public use of creative works with the legal rights of creators and copyright holders. Several examples of content that falls under the FUD includes (1) news reporting, (2) commentary, (3) teaching, (4) criticism, (5) parody, (6) research, (7) scholarship and (8) search engines.

There is a four-factor test that is used to determine what falls under the FUD. This includes the purpose and character of the use mentioned above. The test also involves whether (1) the use is for commercial purposes or nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.

The courts also take several other facts into consideration when deciding if the FUD applies to certain content, such as acknowledging the creator’s name in the content use. While the FUD allows you to use copyrighted protected content, this can be a complicated area to navigate. My recommendation is to always check with a lawyer in your state in you are relying on the FUD when sharing someone else’s content. He or she can review your specific intended use and provide you with appropriate legal advice.

I’m sharing the recommendation to consult with a lawyer because, if a claim is brought against you for copyright infringement, it is your burden to prove that your use of the content falls under the FUD. Because claims can take years to litigate, the time and expense to you can be overwhelming, even if you’ve done nothing wrong. This is why you need to be aware of all the above and conduct yourself accordingly.

Conclusion

If you feel the need to use someone else’s copyrighted content, always try to do so only after getting permission from the owner of the content. Although the FUD is here to protect you, what I’ve noticed over the years is that the FUD is a grey area of law that should be avoided when at all possible.

Before dipping your toe into the FUD water, make sure your lawyer has reviewed what you want to use and has told you it’s safe to jump in headfirst.

Sexual Harassment on Social Media and the #MeToo Movement

Over the past three years, I’ve had about a dozen people reach out to me about being sexually harassed relating to their social media businesses and platforms. With more and more brave victims coming out to share their #metoo experience, I thought this post needed to get written.

Social media conference attendees have contacted me about after hours “one on one” business meetings turning into sexual assaults. Two spouses have reached out for help in protecting their rights after finding out their husbands went “Weinstein” at a conference. On the other side of the coin, I’ve also had multiple people reach out who were wrongfully accused of sexual harassment and assault at social media conferences.

While names like Weinstein, Franken, Moore, Trump, Louis C.K., Ratner, and Spacey (just to mention a few), are what most people hear each night on the evening news, I believe we have similar problems in our social media communities. Although I haven’t heard about anyone I know on social media being banned from the local mall, I am seeing some bad dudes doing bad things to women. I have a feeling you have too.

Sexual harassment in the workplace is a big deal. I also think it’s a problem for many people doing business on social media. Although the offline laws do not apply in the same way to this online misconduct, I don’t think it’s difficult to notice the similarities in the end result. Because I’ve always thought that conversation is good, I want to start a conversation and encourage more dialog with you about sexual harassment on our social media business platforms.

One more thing. Almost all of the incoming calls I get concerning sexual harassment involve female victims. As such, I’m writing this post with them in mind. Please keep in mind that I understand that anyone can become a victim when it comes to sexual harassment.

Also, please note that while I am a California lawyer, I’m not your lawyer. No legal advice is being given in this post. What I am trying to do is give you something to think about. I want to give you some ideas and tools to be part of the solution and to help fix this problem.

Continue reading “Sexual Harassment on Social Media and the #MeToo Movement”

How To Save a Ton of Money Setting Up a LLC or Corporation

Properly setting up a new LLC or Corporation is much more than just filling out a few forms. In fact, a substantial amount of time, strategy, and planning is required.

If you follow me online, have watched my interviews or listened to me speak from the stage, you know that I insist that all my clients do business online as either an LLC or a Corporation. In this video, I show you an easy way to create your LLC or Corporation the right way and to keep it running safely year after year.

You can do it yourself, keep your fingers crossed and hope you make all the right decisions. Or, you can get an experienced lawyer to counsel you and help set everything up. After you create your new business, this same law firm will be there to help keep things running smoothly year after year.

My suggestion is to get a LegalShield membership (less than the costs of a cup of coffee each day) and have your lawyer help you set things up. I use LegalShield to protect my family and business interests and you should do the same. Visit http://MitchJackson.org for more details or to get your protection today. While you’re there, check out the LegalShield Identity Theft Protection. Pro Tip: If you are a home based business, look at adding the inexpensive business rider. Again, go to http://MitchJackson.org

Mitch Jackson Profiled at INC.com

“Mitch Jackson leveraged the power of social media and live streaming to take his brand from local to international. Here’s what you can learn from it.”

by Dakota Shane

When you hear the word ‘law’, a lot of things come to mind. More than likely, none of those things are the phrase ‘social media’, but that didn’t stop this California lawyer from using the power of social to take his firm from a local to an internationally recognized brand, and it shouldn’t stop you either.

Click here to read the full article at Inc.com