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More on temperature screening / Getting paid for drawings / Webinar Today - - sign up NOW :
May 19, 2020
Webinar – Round Table Discussion – May 19, 2020 noon ET
Topic:  Alarm Buy-Sell Transactions:  The Good, Bad and Ugly.  This webinar will be a discussion on structuring buy-sell agreements, concerns for sellers and buyers, stories about transactions that went north, sideways and south; good, bad and ugly
When:  May 19, 2020  12 PM ET
Presented by:  Dennis Stern,Esq and Ken Kirschenbaum,Esq.  We hope to include attendees who would like to participate in this Round Table discussion, so those who want to participate should have webcam and audio ready.
Who should attend: owners and general managers
Register Here:
More on temperature screening from article on May 14, 2020
            Since Sperry West offers a temperature reading facial recognition camera, we have also considered possible issues.  We recommend that anyone who tests positive, should then be checked with a medically approved thermometer (many wireless models are now available).  A problem may come up with someone who does not register with high temperature, but does have an elevated temperature.  I think the buyer must acknowledge the situation in writing.  Can medically approved devices give false readings?  I’m sure it happens, so no one should expect perfection.  These cameras should be looked upon as another sales opportunity, for a product that can help, but like most of what we, in security know, is not the final or only answer to a problem.  
Barry Levine Founder & CEO 
Sperry West
Getting paid for drawings
            Sometimes  I’ll do drawings and provide part of my proposal package.  I want something I could have them sign before I provide the plans to make them understand that I retain ownership and not to be shared with others.
            Whether you are preparing fire alarm plans [I think they are called CAD] or even a plan for security systems, you should have a written contract.  A set of plans goes well beyond a proposal which you might prepare hoping to get the job.  If all you are doing is Plans and drawings then you could have a simple separate agreement which covers the cost, limits your liability [for fire the liability might include AHJ rejection, delay and additional design required by the AHJ], and that the drawings are your exclusive Intellectual Property, licensed to the subscriber for the sole purpose of deciding whether to engage you, but not to be used by another other contractor.  You can add a copyright ® to the plans.  Since you won’t be filing for the copyright you can claim a common law copyright, which gets you an unregistered copyright.  You can of course register the copyright.  Why and what’s the difference between registered and unregistered?
            “The main reason to register the work early is that you might be able to collect higher damages if it was registered before the infringement. If the work was unregistered when the infringement happened, you can only collect actual damages. If it was already registered, you can instead opt to collect statutory damages. Statutory damages don't require you to show actual loss; instead, the court awards between $750 and $30,000 per work based on what it considers fair. The lower limit can go down to $200 if the infringer had no reason to think they were infringing, and the upper limit can go up to $150,000 if the infringement was willful. You can also collect attorney's fees if it was already registered.”  Google search.
            You can use the Fire All in One or the Commercial All in One and use the Schedule of Equipment and Services attachment to describe the engagement for Plans only.  Or, K&K can prepare a separate agreement for you.  Give our Contract Administrator Eileen Wagda - 516 747 6700 x312 - a call if you have any questions or want to have an agreement prepared.

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301