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UCITA: Why Consumers Should Read The Fine Print (2002)

Wednesday, 05 June 2002 by Elliott Alderman

Fundamentally, the sale of goods differs from the license of information: when a good is sold, title passes and the buyer owns the item exclusively. Not so with content – the transactional framework is typically non-exclusive, the licensor retains a number of rights, and there are limitations to the uses a licensee can make of

Published in Agreement Construction, Contract Enforceability, Licensing, Mass Market Agreements, Sale of Goods, UCITA, Uniform Computer Information Transactions Act

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Tasini: The Supreme Court’s Opinion (2001)

Monday, 05 March 2001 by Elliott Alderman

The Supreme Court last week affirmed the decision of the Second Circuit that, absent a written transfer of electronic rights from freelance writers, print publishers and aggregators (named parties included Lexis-Nexis [LN] and University Microfilm International [UMI]) are liable for copyright infringement for reproducing and distributing articles out of the context of the original collective

Collective Works Copyright Electronic Rights Employees Freelance Writers Publishing Rights Transfers SCOTUS Section 201(c)Supreme Court Tasini Work For Hire

Published in Agreement Construction, Collective Works, Copyright Law, Electronic Rights, Employees, Freelance Writers, Intellectual Property Law, Publishing, Rights Transfers, Section 201(c), Tasini, Works Made For Hire

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Tasini: the Perils of Using Independent Contractor Content (2000)

Tuesday, 05 September 2000 by Elliott Alderman

A recent decision of the Second Circuit underscores just how important careful contract drafting is when dealing with rights transfers in non-employee contexts. In Tasini v. New York Times, the appeals court held that publishers and owners of electronic databases do not, without a specific transfer of rights, have the authority to reuse electronically individual articles

Collective Works Contract Drafting Copyright Databases Electronic Rights Employees Independent Contractors Publishing Rights Transfers Works For Hire

Published in Agreement Construction, Collective Works, Contract Enforceability, Contracts, Copyright Agreements, Copyright Law, Databases, Electronic Rights, Employees, Freelance Writers, Independent Contractors, Intellectual Property Law, Publishing, Rights Transfers, Works Made For Hire

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Internet Games: Increased Hits or Illegal Gambling? (2000)

Sunday, 05 March 2000 by Elliott Alderman

Before setting up a sweepstakes or other game of chance on your website, consider that unlicensed gambling is generally illegal in all of the United States and there is wide disparity in state Internet gambling laws — if the issue has even been addressed. While the State of New York recently banned Internet gambling, other

Contests Gambling Games Games of Chance Games of Skill Internet Sweepstakes

Published in Contests, Gambling, Games of Chance, Games of Skill, Internet, Sweepstakes

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Articles

UCITA: Why Consumers Should Read The Fine Print (2002)

Tasini: The Supreme Court’s Opinion (2001)

Tasini: the Perils of Using Independent Contractor Content (2000)

Internet Games: Increased Hits or Illegal Gambling? (2000)

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