Protecting What’s Yours and Generating Value

Whether a client is writing a book, developing an app or collaborating on an educational product, the client’s intellectual property should be protected and made accessible to others in a way that maximizes impact and value. Ellen Lubell has extensive experience meeting the needs of individuals, organizations and small businesses working in all forms of media.  She offers strategic insights on the protection of works, negotiates licensing agreements and advises on organizational policies in this area.

Nonprofits and Intellectual Property

Ellen works with many nonprofit organizations to guide them in protecting and using their copyrightable works and trademarks. Like for-profit businesses, nonprofits may distribute and sell their copyrightable works or permit use of their trademarks for a variety of purposes, but they need to be attentive to usages that may impact their funding or tax-exempt status. Ellen helps clients recognize the potential problems that may arise for the many organizations whose key assets are intellectual property.

For libraries, museums and other institutional clients seeking to preserve their collections and make them more widely accessible to the public, Ellen has expertise in digitization and licensing agreements and has advised frequently on collaborations involving multiple institutions.

Academics who serve as consultants to companies have benefited from Ellen’s legal guidance on structuring well-balanced consulting agreements that take both past and anticipated intellectual property ownership into account. Her article, Faculty Consulting Agreements addresses the complexities of these consulting arrangements and offers insights for companies into the policies and practices of the institutions from which they draw consultants.

Data Sharing and Privacy

The ease with which data of all kinds is currently shared presents both advantages and risks to organizations and individuals. Ellen advises clients on confidentiality agreements, privacy and data protection. She assists organizations that have experienced a breach of their employees’ personal information, as well as clients looking to comply with privacy laws such as the Massachusetts Data Security Regulation and European Union General Data Protection Regulation (GDPR).

I cannot begin to tell you how grateful I am to you for your wonderful work and the gracious and informed way in which you helped us. Many, many thanks. So pleased that it is done and reassured that it is done so well.

Paul Sheftel
Founder, CyberConservatory

Copyright Insights

Fair Use

Under certain circumstances, a copyrighted work may be used without the permission of the copyright owner. Such use is referred to as “fair use.” To understand fair use, a few basics on copyright are useful. Copyright Copyright is the exclusive legal right given to the creator of an original work to control copying and distribution…


Top 10 Questions Nonprofit Boards Should Ask About IP

Budgetary issues, fundraising, hiring and programmatic initiatives. These are all typical topics of discussion among nonprofit board members and their senior managers. The topic of intellectual property – or “IP” – however, often isn’t considered even though it may be vitally important to your organization. Why not? Perhaps it’s because board members aren’t familiar with…

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