Copyright infringement and breach of contract

(I'm a small biz attorney who helps people with copyright, trademark, and other IP law, and I'm answering per U.S. law.) As soon as you take your idea and put it into a tangible format (write it down, create an infographic, record a video), then that writing/infographic/video is automatically protected by copyright law. You can record the copyright on it too, which makes it easier to protect and get damages from other people taking it. But the formula itself would be probably protected under trade secret law or patent law. Patent law obviously takes a bit more effort, because you have to apply for the patent and get your application examined by the USPTO, which takes years and $$$. Keeping it protected under trade secret law means you have to make an effort to keep it secret (which may not work if you are disclosing it as part of your marketing efforts), such as keeping it confidential and requiring NDAs. As someone else said, the other terms you use might be protected under trademark law. If a member of the public would use those terms to link your products/services with the source of the product/service (aka, your company), then they could be trademark-able. There are some state law protections for trademarks, and you can also file to register the trademark with the USPTO and get more protection. Hope that gets your started!

On paper you have the advantage but after several startups control resides in he who knows how to execute the vision of the company.

Disclaimer: I'm not an intellectual property attorney - and I am not attempting to, nor qualified to give legal advice. That said - here is what I know on the subject. Copyright was once explained to me as a bundle of sticks, where each stick was a different right. Two sticks that might be important in this situation would be: 1. Distribution Rights: Creating the sheet music in itself may be harmless, but copyright does cover right to distribute - and so your idea to distribute for profit may infringe upon this right. 2. Derivative Works: Copyright also gives the owner the right to create derivative works based on the original - so even if your version is different - it becomes an issue of "how different" - so you may also be infringing on this right. One path forward is to determine who owns these rights (the original artists or label often sell the rights) and license the right to produce and sell the sheet music. My guess is this could be cost and time prohibitive. Another would be to see who is already selling sheet music for these songs - and simply act as an affiliate, taking a portion of the revenues per sale. Consider trying the affiliate route first, to determine how many of these sales you generate from your audience, before going to the trouble of licensing the content etc. I'd be happy to discuss ways that you can validate demand within your population before you do either, and recommend doing so with or without my input. Cheers, Ryan

I'll keep try to keep this answer brief, but there are several factors and nuances that can be discussed in more depth. Where you decide to incorporate partly depends on what your future goals are with your company. Companies that plan to seek venture capital or go public typically choose Delaware as the state of incorporation, and usually choose a C-Corp. Delaware has a very well developed body of law surrounding corporate governance and that provides comfort and more certainty to future VC investors. If you're not planning to seek VC money any time soon, an LLC is a smart decision because of the tax benefits it can provide to you as the owner. It sounds like you want to grow your company on your own without outside financing. If that's the case, I would recommend forming your LLC in California. Regarding California vs. Delaware, one benefit to forming your LLC in California is that you can avoid paying a registered agent fee which can cost anywhere from $100-200 a year. If you plan to seek venture capital down the road, you can reincorporate in Delaware.

You should retain a lawyer, or another qualified individual, to act as the third party designee for the corporation (if you do not have a partner or co-owner who is a US citizen). The designee should prepare Form SS-4 (Application for Employer Identification Number) and Form 8821 (Tax Information Authorization) for the corporation’s president to sign and return.