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Old 04-21-2011, 01:09 PM
 
Location: NJ/SC
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I have a couple web businesses and have ideas for a few more. Of course I think they are great ideas, lol. I don't have the time to build the sites myself as I have in the past so I'm going to be speaking with a couple designers in the next couple weeks. In the past when people came to me for a site it was usually for their brick/mortar or service business and not and idea for a business in it's self. So, when I see these designers how do I trust they would not share my idea or even steal it? Maybe not likely but you never know.
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Old 04-21-2011, 03:07 PM
 
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You need to check out your state's intellectual property laws, as these vary greatly from state to state.

Then, when you engage the services you require, you need to have an appropriate confidentiality/non-disclosure agreement that is signed by the service provider before you disclose any of your ideas to them.

As well, you'll most likely find that your laws will require you to clearly identify everything, right down to each document page or any electronically stored medium, as well as any conversation as "confidential" and proprietary to your business. You cannot be too anal about this, it must be clearly identified so that there's no question about what you consider your intellectual property that is part of your exchange with your service provider.

Do your due diligence on this, and interview any prospective service provider to ascertain if they are on the same page with you regarding your property, and don't forget to get the signed agreement before doing any business with them. You must aggressively pursue this to protect your rights and property. As you have seen from other high profile court cases, these are the issues of lawsuits if you don't take care at the outset of any professional business relationship.

If in doubt at all about what your state requirements are to assure your property, it would be best to retain an intellectual property lawyer who has experience in these matters and can guide you to what you can expect and what you must do.
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Old 04-21-2011, 03:51 PM
 
1,096 posts, read 4,527,514 times
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Quote:
Originally Posted by Rapture View Post
I have a couple web businesses and have ideas for a few more. Of course I think they are great ideas, lol. I don't have the time to build the sites myself as I have in the past so I'm going to be speaking with a couple designers in the next couple weeks. In the past when people came to me for a site it was usually for their brick/mortar or service business and not and idea for a business in it's self. So, when I see these designers how do I trust they would not share my idea or even steal it? Maybe not likely but you never know.
You really can't. Only way would be build it yourself. Sure you can have people sign non disclosure agreements and things like that but that doesn't stop someone from having their buddy start the business instead of you or from them comming out with a similar idea.
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Old 04-21-2011, 04:02 PM
 
11,555 posts, read 53,188,168 times
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Originally Posted by rfr69 View Post
You really can't. Only way would be build it yourself. Sure you can have people sign non disclosure agreements and things like that but that doesn't stop someone from having their buddy start the business instead of you or from them comming out with a similar idea.
I beg to differ. There's a lot of documentation and a paper trail involved in doing business, and copyrights and patents that can also protect intellectual properties.

Properly written agreements are enforceable, with consequences for those who think they'll just slip "their buddy" an idea to turn into bucks for them to share down the road. More than once, people have prevailed in suits where somebody took their idea and made if profitable ... even if the original creator of the idea wasn't able to bring it to that level of fruition.
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Old 04-21-2011, 04:14 PM
 
Location: NJ/SC
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Thank you. sunsprit the problem is, I need to explain my idea to have a discussion about it before I hire them. After we chat is when I would decide if I hire them. I guess I could give the basic idea of the site w/o disclosing what exactly what will be on the site. I want to brainstorm a little with prospective designers to see who gets it and can work with me.
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Old 04-21-2011, 08:37 PM
 
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Quote:
Originally Posted by Rapture View Post
Thank you. sunsprit the problem is, I need to explain my idea to have a discussion about it before I hire them. After we chat is when I would decide if I hire them. I guess I could give the basic idea of the site w/o disclosing what exactly what will be on the site. I want to brainstorm a little with prospective designers to see who gets it and can work with me.
I think this is where you need to tread very carefully, disclosing anything that may be enough information to grasp the scope and concept of your intellectual property to someone who hasn't signed a confidentiality agreement.

Again, your state laws will be important here, but in my view ... you should have a signed disclosure contract in hand before pursuing any conversation with a prospective service provider.

The key issue here is that you're giving them a glimpse of what you are trying to do, and then have the possibility of not hiring them. Where does that leave you? You've given somebody a bit of your idea without obligating them to honor your confidence.

I, too, have had projects where I could not even set foot on the premises beyond the front receptionist without signing a confidentiality agreement. I believe you are in the same situation.

Given your concerns about the risks, I think you'd do best to consult an intellectual property lawyer to get their advice on how to approach this in your state before doing anything else.
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Old 04-21-2011, 08:55 PM
 
1,096 posts, read 4,527,514 times
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Quote:
Originally Posted by sunsprit View Post
I beg to differ. There's a lot of documentation and a paper trail involved in doing business, and copyrights and patents that can also protect intellectual properties.

Properly written agreements are enforceable, with consequences for those who think they'll just slip "their buddy" an idea to turn into bucks for them to share down the road. More than once, people have prevailed in suits where somebody took their idea and made if profitable ... even if the original creator of the idea wasn't able to bring it to that level of fruition.
My point is anytime you shop out your stuff, especially when it's intellectual property as opposed to say a product where things are much more black and white in terms of measurments, engineering, etc your taking a risk.

Sure you have a paper trail. I could have my buddy start your business, make a small tweak or two and there's not a thing you can do about it.

Not to use a movie as an example as it wasn't exactly accurate but just look at social network for example.

If the OP has the ability to do the work himself he should or he's taking a big chance of getting his idea stolen.
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Old 04-22-2011, 09:40 AM
 
11,555 posts, read 53,188,168 times
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Originally Posted by rfr69 View Post
My point is anytime you shop out your stuff, especially when it's intellectual property as opposed to say a product where things are much more black and white in terms of measurments, engineering, etc your taking a risk.

Sure you have a paper trail. I could have my buddy start your business, make a small tweak or two and there's not a thing you can do about it.

Not to use a movie as an example as it wasn't exactly accurate but just look at social network for example.

If the OP has the ability to do the work himself he should or he's taking a big chance of getting his idea stolen.
Hollywood makes for great drama and theater ... but not real world scenarios.

A real world scenario where contracts and ideas are tested is in the courts, and many cases abound where intellectual properties have been protected and compensated when shennagans such as you allude to have taken place.

Much of the laws and court interpretations in this area have come about in more recent times due to the significant dollar amounts at stake in the industry ... when you've got multi-millions, possibly billions of dollars at issue, this stuff gets a lot of scrutiny anymore. Those big high profile cases have established the rules for smaller businesses to play by, too.
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Old 04-22-2011, 09:46 AM
 
4,196 posts, read 6,298,620 times
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Originally Posted by Rapture View Post
Starting new web businesses - how to protect ideas
First, tell us ALL your ideas. Then we will tell you how to protect them.
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Old 04-22-2011, 09:51 AM
 
9 posts, read 28,601 times
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Ok. I will design your site! I will not steal. But want 40% of your cut!
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