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
- 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 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