As part of my participation in the law firm of Gallagher, Callahan & Gartrell, I often contribute to its monthly newsletter and other firm publications. This post provides the introduction to my most recent article. Given the current credit, I thought this article might be of general interest.
Making Do Without Credit — A Strategy for Business Growth
A guide to growing your business using credit alternatives including joint venture agreements, revenue sharing, and installment contracts
October 2008 will be remembered for years to come as the U.S. economic crisis redefines the commercial landscape. While many companies are facing pressure directly from their financial woes, many more are struggling to deal with the broader challenge presented to the credit markets. Potential home buyers with reasonably good credit are struggling to find mortgages, offsetting the opportunity created by falling real estate prices. Retail automobile sales have dropped to all-time lows as consumers await more fuel efficient vehicles and struggle to find credit.
For entrepreneurs and small business owners who provide non-luxury goods and services, the combination of tight credit and economic anxiety have made doing business as normal a thing of the past. In the absence of affordable credit, however, companies which provide counter-cyclical products should ride out the economic storm if they plan ahead.
The alternative to a fluid credit market harkens back to a commercial barter system. A good barter economy allows those who have excess products to trade those products with other producers that have excesses of other products. In the same way, for businesses struggling to grow, coordination of excess productivity may create new opportunities.
Alternatives to Credit: Joint Venture Agreements, Profit Participation Agreements, and Installment Contracts
Through joint venture agreements, profit participation agreements or installment contracts, companies can pull together to reduce part of their cash-flow burden and reduce the impact of poor credit markets.

A few years ago I taught about copyright at my son's elementary school class. After having all the students draw a picture or write a poem for one minute, the cards were sent around the room and other students were encouraged to "add" to the cards. While most had fun marking up their classmates cards, some were visibly upset that their work had been changed without permission. These children instantly understood the purpose of copyright.
The purpose of copyright is to encourage and support authors and artists -- providing them the economic return to make a livelihood. Academics like Professor Lessig (and myself) have the luxury to have university patrons to pay our salaries and allow us the ability to write without compensation. Most musicians, poets, playwrights, authors, painters, and filmmakers have no such support.
Without copyright we would return to an era of professional works funded only by patrons. How much more power would the media giants have under such a regime than they have now?
iTunes is the beneficiary of the litigation against Napster and Grokster. Legitimate business models will transform the business strategy but only if we continue to hold true to our constitutional tradition of promoting our artists and authors.
Needless to say, I could go on regarding this subject at greater length, which I have done in my legal writing, but the heart of my disagreement with Professor Lessig is not the need for a robust fair use or the importance of participatory copyright, but his instance that the law must demand all authors and artists submit their works to his sense of their property rights regime.
I allow unlimited copying of my academic work and substantial copying of my commercial books. But I should not demand all other authors do the same. I now how difficult it is for an independent filmmaker to raise the funds to make a movie; how arduous a task to find distribution; and how long the road to financial response. Let these people give away their works if they so choose, but do not suggest they have no rights to their labor.
The only thing worse than copyright -- is the unimaginative world we'd have without it.