Business Agreements: Why Handshakes Aren't Enough

When Friendship Meets Business

"The rules of friendship are tacit, unconscious; they are not rational. In business, though, you have to think rationally." - Steven Pinker

A Cautionary Tale

A freelancer created a custom clothing design for a "friend" based on a verbal agreement. After delivering the work, he discovered his design had been copied and used without payment.

Understanding Your Creative Rights

• Copyright protection begins automatically when work is created
• Registration enhances legal protection and remedies
• Original creative work is an intellectual property asset

The Power of Written Agreements

Think of agreements like seatbelts - you hope you never need them, but they're essential protection. A good agreement includes:

• Essential terms (parties, scope, price, timeline)
• Written documentation
• Signatures from involved parties

Protecting Your Copyright

1. Register with the Copyright Office
   • Cost: Less than $60 for most applicants
   • Must register within one month of discovering infringement
2. Demand Payment
   • Send formal invoices
   • Consider copyright assignment after payment
   • Understand "work for hire" doctrine
3. Issue Cease and Desist
   • Warn infringers of legal consequences
   • Statutory damages up to $150,000 per work
   • Potential attorney fee recovery

Prevention vs. Cure

As Ben Franklin said, "An ounce of prevention is worth a pound of cure." Protect your creative work with proper documentation before problems arise.

Ready to protect your creative work? Schedule a consultation with Tinch Law.

‍