Technology

Whether you work in the tech industry, or have a business that uses technologies, there are many legal considerations you should keep in mind.

If you’re working with a web developer on a new business or idea, you will likely have a contract with your web developer (whether written, or verbal). It is important to consider who will own the copyright in the source code, design elements, imagery and text. In Australia, copyright usually vests in the creator and can only be assigned in writing. So, if you’re engaging a web developer and want to ensure you own the copyright in the back and front end of your website or app, make sure you have a contract in place that says so. It may also be important to have an NDA or confidentiality agreement in place with your developer, to restrict them from sharing your ideas/information with others (especially competitors).

In case you’ve been living under a rock, AI is a popular tool used by consumers all over the world and is currently widely unregulated, often, to the detriment of copyright owners. While Sanicki Lawyers is keeping a close eye on the evolving legal landscape around AI, there are currently many legal questions unanswered in this space. If you are considering using AI for your next project, album cover, or marketing materials, you should seek legal advice to understand the current risks involved in doing so.

Most businesses rely on technological products and software for the efficient operation of their business. It is imperative to understand your contracts and to ensure the terms are fair, reasonable, and address your key concerns. Failure in the performance of tech products and software can happen, and it can result in significant loss to your business. Make sure your contracts afford you necessary protections from the start of your engagement with providers of technological products and software.

On the other hand, it’s important to understand the scope of your agreement. The right to use software is usually a license arrangement. Should you use the software outside the scope of that license, you may be liable for breach of contract or copyright infringement. If the fine print doesn’t make sense, seek legal advice before you sign the dotted line.

If you have a business whereby you employee or engage people who create or improve technologies, it may be important for you to ensure that you (as they employer) own the end result of that technology and the copyright within it. At Sanicki Lawyers, we understand the tech industry and how invaluable creations and improvements of technologies can be to a business. Ensure your employment and services agreements clearly stipulate ownership (including copyright ownership), and any rights attached. Your technology might be your most valuable asset, make sure it’s protected.