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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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