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.
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 […]
Authors and scholars would love to be able to use unpublished works in their own works, but they must do so carefully so that they do not run afoul of copyright law and publisher restrictions. Historically, it has been tough to prove a fair use when dealing with unpublished works.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 […]
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 […]
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 […]