When Mandatory Arbitration Is Optional (2008)
Wednesday, 05 November 2008
To resolve disputes and avoid costly litigation, many companies are relying on mandatory arbitration clauses in their contracts. Disputes are inevitable and a cost of doing business, and the rising cost of lawsuits has becoming staggering. Against this backdrop, in the context of an otherwise garden-variety software copyright infringement suit, the Sixth Circuit recently bypassed
- Published in Agreement Construction, Arbitration, Contracts, Copyright Arbitration, Copyright Law, Intellectual Property Law
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UCITA: Why Consumers Should Read The Fine Print (2002)
Wednesday, 05 June 2002
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
Tasini: The Supreme Court’s Opinion (2001)
Monday, 05 March 2001
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
Tasini: the Perils of Using Independent Contractor Content (2000)
Tuesday, 05 September 2000
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