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Contracts Intellectual Property

For-ev-ver? The Importance Of Specific Survival Language In Contracts

What does the termination of a contract do to certain intellectual property rights that were granted, in perpetuity, from one party to another within that document? A recent ruling in the U.S. Southern District of New York can be instructive on this issue.

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Copyright Cyberspace Headline Intellectual Property

Internet Service Providers Considering New Graduated Response To Copyright Infringement

The Online Copyright Infringement Liability Limitation Act (OCILLA), also known as DMCA 512 was passed in 1998 as part of the Digital Millennium Copyright Act (DMCA). OCILLA is also known as the “Safe Harbor” provision in the DMCA, which shields internet service providers (ISPs) from being forced to pay any monetary damages as a result of […]

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Copyright Headline Intellectual Property

The Fair Use Of Unpublished Works

Authors and scholars would love to be able to use unpublished works in their own works, but they must do so carefully so that they do not run afoul of copyright law and publisher restrictions.  Historically, it has been tough to prove a fair use when dealing with unpublished works.  There is no per se […]

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Headline Intellectual Property Right of Publicity Sports Law

Sam Keller Seeks To Protect Athletes’ Right of Publicity

Here is a sample definition of likeness – name, silhouette, personality, appearance, performance, depiction, portrayal, photograph and voice.  It is an integral definition in many licensing agreements where one party hopes to be able to exploit the other party, usually for a hefty fee.  What if you were not entitled to just compensation for the […]

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Antitrust Contracts Cyberspace Headline Trade Secrets

Google, Apple, Intel, Adobe, Pixar, Intuit Told To Get Out Of Bed With Each Other

A no-poach agreement is just slightly different than a non-compete agreement.  A majority of states permit employers to place non-compete clauses in employer contracts and even have standalone non-compete agreements with employees that are separate from the employment contracts that are executed.  California is known as being one of the few states that rarely permits a […]