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Tuesday, September 07, 2004

So I'm thinking it would be fun to get a business license and set up a sole proprietorship business for my writing, so I have the feeling that my writing is a real business. So I'm there researching setting up my own business and it all feels so cool and groovy, until I get to the part that talks about marriage.

Because of many states' community property law, California included, my writing business would be considered community property by my husband and he would be considered a joint owner of my business. I don't like this.

We're talking intellectual property rights here, meaning mine. Why should my husband be entitled to half my intellectual property, which is like half my brain, half my imagination, half my creative process. It just doesn't sound fair! There's got to be some new laws about intellectual property and community joint property.

I've signed a ton of intellectual property rights contracts in my working career, so intellectual property rights law you would think should be pretty extensive. What is the business sense in having a spouse co-owner of the other's spouse's intellectual property? It's not like he's there when you make the stuff up in your head, and he might not even help edit your writing anyway.

There's got to be a way to set up a business as a sole owner, without the business being subject to community property laws. Money and love so do not mix well.

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