Your Own Argument and Opinions

In my own opinion, the whole process of acquiring a business and maintaining it is a long and hard legal work; therefore you should have someone you can trust along your side. All the legal terms are complicated and a never ending process. “How can shareholders ensure that the corporation will operate in their best interest? How can managers make tough decisions without being second-guessed by shareholders? Balancing the interests of managers and shareholders is a complex problem the law struggles to resolve.” (Cengage Advantage Books :Introduction to Business Law page 407) Keeping everyone happy is close to impossible but as a business owner and operator you can not do anything else but to try. “Wise entrepreneurs know, however, that careful attention to legal issues is an essential component of success. The idea for the business may come first, but legal considerations occupy a close second place.” (Cengage Advantage Books :Introduction to Business Law page 388) A great business idea, and great costumer service always comes first, yet all the legal work is a close second. As a business owner you want nothing but for your business to succeed, that is why it is important to understand the law as much as possible, and having a good lawyer to help you along the way would never hurt you. “There are no easy answers to any of the questions because there has never been a democracy so large, so diverse, or so powerful.”  (Cengage Advantage Books :Introduction to Business Law page 70) If what you are looking for is an easy way to make your business lawfully stable, you will do nothing but to fail since the legal aspects to everything requires a lot of work from an individual, it is a never ending job and there is no easy answer.

Rules of Law

Talking to Lawyer Straus definitely answered many of my questions, and more than that, opened my mind about what is needed to open a photography business. The three main things we talked about were contracts, law as a whole and how just starting a business is not enough. “Two parties make a contract, and their rights and obligations are subject to the rules that we have already studied: offer and acceptance, consideration, legality, and so forth.” (Cengage Advantage Books: Introduction to Business Law page 186). Contracts are present to defend the business and the client at the same time. “We depend upon the law to give us a stable nation and economy, a fair society, a safe place to live and work. But while law is a vital tool for crafting the society we want, there are no easy answers about how to create it. In a democracy, we all participate in the crafting. Legal rules control us, yet we create them.” (Cengage Advantage Books: Introduction to Business Law page 12). Law is basically enforced by ourselves, yes breaking the law does get us in troubles but the main reason why a business wants to play by the law is because it would damage the business if they did and it will completely cut out the income in that way. “The process of starting a business is immensely time-consuming. Not surprisingly, entrepreneurs are sometimes reluctant to spend their valuable time on legal issues that, after all, do not contribute directly to the bottom line.” (Cengage Advantage Books: Introduction to Business Law page 388). And the main thing of a business is costumer service, without costumers there is no business, costumer service should be treated just like the law.

Reasoning of the Law

Wile talking to my lawyer I noticed he kept bringing up that what will finally make a business successful is my treatment towards costumers because what I will want to happen is for my costumers to eventually come back and to refer me to other potential costumers. So I started noticing how he was treating me, I came to the conclusion that his entire reasoning is that a business needs great costumer service. “Ethical decision-making generates a range of benefits for employees, companies, and society. Although ethical business practices are not required” (Cengage Advantage Books: Introduction to Business Law page18). My lawyer thought me that costumer service does not end with the costumer; your employees and whomever I might be working for should be treated with great respect. “If a person is intent on lying, cheating, and stealing his way through a career, then he is unlikely to be dissuaded by anything in this or any other course. But for the large majority of people who want to do the right thing, it will be useful to study new ways of approaching difficult problems.” (Cengage Advantage Books: Introduction to Business Law page 18). With his actions and his wording he showed me that he was trustworthy, another thing that is crucial for a business, if whomever owns a business is not completely honest about everything the business will come down because of lack of costumers. “The alternative point of view is that corporations should take care of more than shareholders alone. It is not that the owners of a corporation should be ignored—shareholders are included as one of several groups of stakeholders in a firm. But, a company must also look out for (among others) its employees, its customers, and the communities in which it operates. It may even be that companies have an obligation to broader interests such as “society” or “the environment.””(Cengage Advantage Books: Introduction to Business Law page 23) Whomever is ether your partner or boss should be just as important as the costumer.

The Questions

As previously stated in a previous blog, my questions to my lawyer where about my business and how to legally get it started. Talking to my new lawyer helped me a lot and filled me up with knowledge about the proper paper work such as permits, contracts and types of businesses I could potentially open with all the pros and cons that come with it. “A contract is merely a legally enforceable agreement. People regularly make promises, but only some of them are enforceable.” (Cengage Advantage Books: Introduction to Business Law page143) Contracts are an absolutely necessity specially for businesses like the one I intent to start since most of is based on promises, contracts can protect me from any legal issues that could occur with clients and employees that I may encounter. “To begin, entrepreneurs must select a form of organization. The correct choice can reduce taxes, liability, and conflict while facilitating outside investment.” (Cengage Advantage Books: Introduction to Business Law page 373) The correct kind of entrepreneurship is crucial to any business, whether is an LLC, an organization or any other form. Not only different forms of businesses can help me with taxes but also liabilities facilitating or damaging my business is substantial ways. “Traditionally, most professionals (such as lawyers and doctors) were not permitted to incorporate their businesses, so they organized as partnerships. Now professionals are allowed to incorporate in “professional corporations” or “PCs.” PCs provide more liability protection than a general partnership.” (Cengage Advantage Books: Introduction to Business Law page 385). A partnership could also be a great option for a business such as a photographic business since it could cut my responsibilities up to half and it could facilitate my workflow.

Legal Authority

As a future graduate photographer one of my biggest desires is to open my own freelance business, therefore most, if not all, of the questions I will be asking the lawyer I’m going to be meeting with are going to be about my future business and how to prepare for it legally. Opening a business is a big deal, planning for a business is almost like planning for a baby, so there is three key things I am looking for in a lawyer.  “The beneficiary places special confidence in the fiduciary, who in turn is obligated to act in good faith and candor, putting his own needs second.” (Cengage Advantage Books: Introduction to Business Law page 302) I need a confident lawyer who knows what he is talking about and that talks with authority. I need someone who is well prepared and can take me to the right path in order to have a strong business. “An agent has a fiduciary duty to act loyally for the principal's benefit in all matters connected with the agency relationship.” (Cengage Advantage Books: Introduction to Business Law page304) I need someone who is loyal. I should be able to completely and blindly trust this lawyer since I’m putting my future on his hands. “An agent may not engage in inappropriate behavior that reflects badly on the principal. This rule applies even to off-duty conduct.” (Cengage Advantage Books: Introduction to Business Law page 305) I need for my lawyer not to be a joke. My lawyer should be someone who everyone, especially I, respects. I should be able to know that my lawyer is working as hard as possible for what I need and that he is not running goofing around. After researching around I have found someone who is confident, trustful and respectful, and that someone is Lawyer David A. Straus.

EOC Week 8: Legal Questions

1.       What are the basics to start a photography business?

2.       What do I do if I suspect someone is breaking my copyright?

3.       After working with a large company, is the copyright still belong to me even though I have been paid for the gig or do I lose all my rights over my work?

4.       Is the title of my work included in the copyright?

5.       Once it’s online, do I still completely own all copyright over my work or is it legal for other to display it on their website?

6.       Can two or more people own the copyright of a single work?

7.       I’m gathering images in Public Street but a private building happens to be in the background, am I infringing the copyright of the architect or am I violating privet property?

8.       When is a model release necessary? Are there any situations where I don’t need one?

9.       When doing a project for an overseas company, which laws should I follow, and how do I protect myself from any situation that could occur?

10.   How long do I have to copyright my work after it has been created?

EOC Week 4: Edward Snowden

The world's most famous spy, whistle blower and fugitive are few of the many names Edward Snowden has been called since he reviled highly classified information about the American government. Surprisingly there are mixed feelings of what Snowden did. "Snowden hasn't done any real damage to the NSA's ability to keep the nation safe. The agency, for example, can still go to court to get a wiretap or search warrant, even if Congress stops phone companies "from acting as information-gathering subsidiaries."" (http://www.newser.com/story/169332/edward-snowden-hero-or-traitor.html) The information did not brutally affect the government, it just allowed the public to know what was going thou, but even with that knowledge the government wont stop and they still will go as if nothing happened. "Snowden revealed very highly classified programs, alerting our enemies about our most sophisticated intelligence-collection capabilities."(http://www.newser.com/story/169332/edward-snowden-hero-or-traitor.html) He did defenetly left America in a great disadvantage since now the rest of the world now a great part of how the country operates jeopardizing the safety of many is some kind of way since enemies are more aware of what's going on. "Snowden realized that our very humanity was being compromised by the blind implementation of machines in the name of making us safe. He stepped back from technology long enough to be human and to consider the impact of what he was helping build." (www.newser.com/story/169332/edward-snowden-hero-or-traitor.html) He gave us the citizens the knowledge that we are not as free as we think we are and that we are constantly being watched by the government. In my opinion, I'm in a grey area, I don't think Snowden committed major treason against his own country but I don't think that the way he approached the situation was correct ether.