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Great article by Lauren van Haaften-Schick on the artists’ contract. Contracts Feature agreements lauren van haaften-schick robert projansky seth siegelaub the artists contract written agreements MORE
The post Sea change on web-based contract amendments appeared first on LIKELIHOOD OF CONFUSION™. The Ninth Circuit sounds really right on this: Service providers should not be able to change their terms of service arbitrarily without notifying their registered users, according to the judges. MORE
This contracted position is located in Geneva, Switzerland, and is a non-fixed-term appointment. The new Senior Advisor, IP and Gender, will begin with a 2-year contract that is renewable based on performance over the initial 2 years. MORE
As a practice, artists enter into contracts with publishers which grant them ownership of the work to commercially exploit it and collect the royalties it earns. Then these earnings are split between the publishers and artists based on the terms of the contract between them. MORE
Rochester, NY – June 14, 2021 – IP.com, a global leader in intellectual property intelligence and innovation solutions, has renewed its multi-year contract to provide InnovationQ Plus®, its IP search. MORE
As I blogged last time: The plaintiff can replead the contract breach claim for failure-to-pay, but the case has lost all of its ideological implications about must-carry obligations and instead has devolved into a routine collections case (that will likely fail anyways). Licensing/Contracts MORE
On August 2, 2021, in Omni MedSci, Inc. Apple Inc., 20-1715, slip op. 2, 2021), a Federal Circuit panel decision, with a dissent, upheld the district court’s denial of Apple Inc.’s s (“Apple”) motion to dismiss Omni MedSci’s (“Omni”) patent infringement complaint for lack of standing. MORE
Most of the time, a claim for breach of contract prevents a simultaneous claim for unjust enrichment or other equitable remedies. But sometimes, there is a back door MORE
The DSM Directive’s new rules on author’s contracts are indeed something to celebrate. The DSM Directive provides for a set of four contract adjustment measures, to the benefit of authors and performers: a right to appropriate (fair) remuneration (art. MORE
However, this means that we can’t dismiss the role of parents and family in contract cheating and that this may be an area calling for greater outreach. However, the anonymous author of this story was able to make some fairly decent money through contract cheating. As this conversation around contract cheating continues, stories like this one are important. MORE
25, 2021) Unlike the education cases so far, this pandemic case sustains both consumer protection and contract claims. consumer protection contracts false advertisingGoodrich v. Alterra Mountain Co., 2021 WL 2633326, No. 20-cv-01057-RM-SKC (D. MORE
Bucking a trend to the contrary, a recent decision finds condo unit owners can sue an architect for construction defects—even though they had no direct contract with the architect MORE
Thus, some but not all breach of contract claims survived. References in Columbia’s marketing materials to “the on-campus experience” were often mere puffery “too vague to be enforced as a contract,” such as a statement in a University publication that “Columbia is an in-person kind of place.” MORE
A photography contract that doesn't consider licensing and made-for-hire agreements can have an impact on business. The post 3 Common Pitfalls to Avoid in a Photography Contract appeared first on Art Business Journal. Legal Corporate Law contracts licensing MORE
Every business needs a contract at one time or another. If a contract is supposed […]. Corporate Law Art Law Contract Negotiation Contracts Independent Contractors Statute of LimitationsSteve Schlackman. They are everywhere. MORE
Now that student athletes can engage in contracts for compensation in exchange for use of their name, image, and likeness (NIL), the commercial possibilities abound. MORE
Military-grade camera maker Vision Technologies Inc. has escaped a suit claiming that its now-bankrupt subsidiary violated multiple agreements in its acquisition of a commercial security-camera manufacturer after a Massachusetts federal judge found following a bench trial that the circumstances weren't "extreme" enough to hold Vision liable. MORE
Every business needs a contract at one time or another. If a contract is supposed […]. The post Tips on Contracts and Licensing for Artists appeared first on Art Business Journal. Legal Corporate Law contracts Independent Contractors MORE
If the Petunia Products v. Rodan and Fields brow products dispute, currently pending in a California federal court, ultimately finds, for the first time, that social media influencers can be liable for promoting trademark-infringing products, it could bring changes in influencer agreement drafting and negotiation, says attorney Marie-Andrée Weiss MORE
Zollinger, 2020 SCC 45 This case is applicable to all types of contracts including those involving Intellectual Property. The duty of honest performance requires that parties must not lie or otherwise knowingly mislead each other about matters directly linked to the performance of a contract. MORE
Governor Cuomo rang in the new year by signing the New York City Public Works Investment Act, authorizing a variety of NYC agencies to enter into design-build contracts whereby one entity both designs and constructs the public improvement MORE
When a subcontractor gives a price to a contractor, which then relies on that quote in submitting its bid to the owner, the subcontractor can be locked in and bound to perform the work at that quoted price. But perhaps not always MORE
A photography contract that doesn't consider licensing and made-for-hire agreements can have an impact on business. Corporate Law Contracts LicensingChris Reed. Here are common pitfalls you need to avoid. MORE
Manufacturers Like Custom Contract Furnishings in High Point, North Carolina. Photo of a Custom Contract Furnishings (CCF) worker making upholstered seating for the hospitality, health care and senior living industries. . Manufacturing Month 2021: Celebrating Resilient U.S. MORE
US Courts typically enforce choice-of-forum provisions found within contracts between two business entities. But, they did not enter such a contract. by Dennis Crouch. Kannuu Pty. LTD v. Samsung Electronics Co., LTD (Fed. 2021)( KannuuSamsungDecision ). MORE
Smart contracts are often mentioned in blockchain-themed patent applications and recited in claims. However, Examiners without a thorough understanding of this concept or unfamiliar with blockchain technology often equate smart contracts with legal or commercial contracts stored on blockchains. Without detailed explanations of “smart contract” set forth in the specification, patent prosecutors may find themselves in an uphill battle against the abstract idea finding. MORE
Contracting parties in the know are aware that the statute of limitations for breach of contract is six years. But a recent appellate decision reminds us that the parties can shorten that period quite a bit MORE
After negotiating new contract terms, a new agreement (“Agreement”) was apparently entered into on or about May 18, 2018. After the expiration of the Agreement, Sports Turf attempted to negotiate a new contract, but Heinen apparently only wanted an “arrangement” and not a formal contract. Breach of Contract MORE
In Chadha v. Wahedna , 2021 NY Slip Op. 50509(U) (Sup. 2021), Justice Ostrager of the New York County Commercial Division, dismissed Plaintiff Nilsa Chadha’s (“Plaintiff”) claims in their entirety due to Plaintiff’s execution of a general release. MORE
Operations commissions contracts freelance pricingIn part 2 of this conversation about pricing, you as an illustrator can get more detail on rates, licensing, and even how to alter these for family and friends. The post Pricing for Illustrators Part 2 appeared first on Art Business Journal. MORE
Attribution & Integrity Contracts employer freelance Independent Contractors Work Made for HireSteve Schlackman. Many people think if they pay for creative work, they own the copyright but as you'll see in this article, that isn't always the case. MORE
million exclusivity contract between them California vape distributor Limitless Trading Co. LLC has denied accusations of copyright infringement by vape brand owner AK Futures LLC, and has filed counterclaims alleging AK Futures breached a $1.2 MORE
American actress Scarlett Johansson, known for playing the Black Widow in Disney & Marvel’s The Avengers franchise, took action against Disney on July 30, 2021 for an alleged breach of contract involving the recent Black Widow film’s distribution. Photo by Tima Miroshnichenko on Pexels. MORE
The Guidelines helpfully set out the EDPB’s recommendations on what should be included in data processing contracts between controllers and processors, in order to ensure compliance with Article 28 GDPR. Processing contract must be in writing. MORE
Corporate Law Book Authorship Contract Negotiation Contracts LicensingSteve Schlackman. Don't be at a disadvantage when negotiating against an experienced opposing party. Here a few things to consider to even the playing field. MORE
What things should artists be negotiating as part of licensing or gallery contracts? Corporate Law Art Law Contracts Independent ContractorsSteve Schlackman. We take a look at some of the most important along with a review of several standard provisions. MORE
Platkin of the Albany County Commercial Division reinforced the textbook rule that that an individual who signs a contract as an agent for an undisclosed entity can be held personally liable on the contract if the agency relationship is not disclosed. Tharunidhar Narravula et al v. MORE
What things should artists be negotiating as part of licensing or gallery contracts? The post Contract Negotiation Tips for Visual Artists appeared first on Art Business Journal. Legal Corporate Law contracts Independent Contractors MORE
Southwest asserts claims under the CFAA, the Texas computer crime statute, breach of contract, and trademark. Southwest relied on its breach of contract claim when requesting an injunction. E-Commerce Licensing/Contracts Privacy/Security Trespass to Chattels MORE
Contracts. Reminder: courts sometimes demand that consumers click twice to form a contract. The post 1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More) appeared first on Technology & Marketing Law Blog. Licensing/Contracts Marketing MORE
Operations commissions contracts freelance pricingDeciding on your pricing is one of the hardest moves to make in the art industry. Read what it's like to calculate rates from illustrator, Molly Magnell. The post Pricing for Illustrators appeared first on Art Business Journal. MORE
2021) involves a bid-protest regarding a government contract. The court’s opening offers a brief insight on the complex world of DOD governmental contracts. Contracting officers often must discuss deficiencies and significant weaknesses in proposals with. by Dennis Crouch . The Federal Circuit’s new decision in DynCorp v. US (Fed. This bid-protest case arises from a peculiar procurement mechanism. MORE
A federal appeals court judge said Tuesday that the makers of The Real Yellow Pages may have violated the copyright on hundreds of images by using them in ways not outlined in the licensing agreement reached with the owner of the pictures MORE
Contracts Related Topics Patently-O
OCTOBER 7, 2021
US Courts typically enforce choice-of-forum provisions found within contracts between two business entities. But, they did not enter such a contract. by Dennis Crouch. Kannuu Pty. LTD v. Samsung Electronics Co., LTD (Fed. 2021)( KannuuSamsungDecision ).
Plagiarism Today
JULY 12, 2021
However, this means that we can’t dismiss the role of parents and family in contract cheating and that this may be an area calling for greater outreach. However, the anonymous author of this story was able to make some fairly decent money through contract cheating. As this conversation around contract cheating continues, stories like this one are important.
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Likelihood of Confusion
OCTOBER 12, 2021
The post Sea change on web-based contract amendments appeared first on LIKELIHOOD OF CONFUSION™. The Ninth Circuit sounds really right on this: Service providers should not be able to change their terms of service arbitrarily without notifying their registered users, according to the judges.
Art Law Journal
MARCH 18, 2021
Every business needs a contract at one time or another. If a contract is supposed […]. Corporate Law Art Law Contract Negotiation Contracts Independent Contractors Statute of LimitationsSteve Schlackman. They are everywhere.
Technology & Marketing Law Blog
JULY 16, 2021
Contracts. Reminder: courts sometimes demand that consumers click twice to form a contract. The post 1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More) appeared first on Technology & Marketing Law Blog. Licensing/Contracts Marketing
Art Law Journal
MARCH 18, 2021
Every business needs a contract at one time or another. If a contract is supposed […]. The post Tips on Contracts and Licensing for Artists appeared first on Art Business Journal. Legal Corporate Law contracts Independent Contractors
Art Law Journal
JUNE 25, 2021
A photography contract that doesn't consider licensing and made-for-hire agreements can have an impact on business. Corporate Law Contracts LicensingChris Reed. Here are common pitfalls you need to avoid.
43(B)log
SEPTEMBER 3, 2021
25, 2021) Unlike the education cases so far, this pandemic case sustains both consumer protection and contract claims. consumer protection contracts false advertisingGoodrich v. Alterra Mountain Co., 2021 WL 2633326, No. 20-cv-01057-RM-SKC (D.
Art Law Journal
JUNE 25, 2021
A photography contract that doesn't consider licensing and made-for-hire agreements can have an impact on business. The post 3 Common Pitfalls to Avoid in a Photography Contract appeared first on Art Business Journal. Legal Corporate Law contracts licensing
Art Law Journal
DECEMBER 8, 2020
What things should artists be negotiating as part of licensing or gallery contracts? The post Contract Negotiation Tips for Visual Artists appeared first on Art Business Journal. Legal Corporate Law contracts Independent Contractors
IP.com
JUNE 14, 2021
Rochester, NY – June 14, 2021 – IP.com, a global leader in intellectual property intelligence and innovation solutions, has renewed its multi-year contract to provide InnovationQ Plus®, its IP search.
43(B)log
SEPTEMBER 21, 2021
Thus, some but not all breach of contract claims survived. References in Columbia’s marketing materials to “the on-campus experience” were often mere puffery “too vague to be enforced as a contract,” such as a statement in a University publication that “Columbia is an in-person kind of place.”
Intellectual Property Law Blog
MARCH 29, 2021
Smart contracts are often mentioned in blockchain-themed patent applications and recited in claims. However, Examiners without a thorough understanding of this concept or unfamiliar with blockchain technology often equate smart contracts with legal or commercial contracts stored on blockchains. Without detailed explanations of “smart contract” set forth in the specification, patent prosecutors may find themselves in an uphill battle against the abstract idea finding.
Indiana Intellectual Property Law
SEPTEMBER 8, 2021
After negotiating new contract terms, a new agreement (“Agreement”) was apparently entered into on or about May 18, 2018. After the expiration of the Agreement, Sports Turf attempted to negotiate a new contract, but Heinen apparently only wanted an “arrangement” and not a formal contract. Breach of Contract
Clancco
FEBRUARY 25, 2021
Great article by Lauren van Haaften-Schick on the artists’ contract. Contracts Feature agreements lauren van haaften-schick robert projansky seth siegelaub the artists contract written agreements
Patently-O
AUGUST 25, 2021
2021) involves a bid-protest regarding a government contract. The court’s opening offers a brief insight on the complex world of DOD governmental contracts. Contracting officers often must discuss deficiencies and significant weaknesses in proposals with. by Dennis Crouch . The Federal Circuit’s new decision in DynCorp v. US (Fed. This bid-protest case arises from a peculiar procurement mechanism.
JD Supra Law
SEPTEMBER 14, 2021
On August 2, 2021, in Omni MedSci, Inc. Apple Inc., 20-1715, slip op. 2, 2021), a Federal Circuit panel decision, with a dissent, upheld the district court’s denial of Apple Inc.’s s (“Apple”) motion to dismiss Omni MedSci’s (“Omni”) patent infringement complaint for lack of standing.
U.S. Department of Commerce
OCTOBER 7, 2021
Manufacturers Like Custom Contract Furnishings in High Point, North Carolina. Photo of a Custom Contract Furnishings (CCF) worker making upholstered seating for the hospitality, health care and senior living industries. . Manufacturing Month 2021: Celebrating Resilient U.S.
IP Watchdog
SEPTEMBER 6, 2021
JD Supra Law
AUGUST 18, 2021
Now that student athletes can engage in contracts for compensation in exchange for use of their name, image, and likeness (NIL), the commercial possibilities abound.
LexBlog IP
JULY 16, 2021
The Guidelines helpfully set out the EDPB’s recommendations on what should be included in data processing contracts between controllers and processors, in order to ensure compliance with Article 28 GDPR. Processing contract must be in writing.
IP Law 360
AUGUST 17, 2021
million exclusivity contract between them California vape distributor Limitless Trading Co. LLC has denied accusations of copyright infringement by vape brand owner AK Futures LLC, and has filed counterclaims alleging AK Futures breached a $1.2
LexBlog IP
JULY 21, 2021
Platkin of the Albany County Commercial Division reinforced the textbook rule that that an individual who signs a contract as an agent for an undisclosed entity can be held personally liable on the contract if the agency relationship is not disclosed. Tharunidhar Narravula et al v.
Canadian Intellectual Property Blog
JANUARY 20, 2021
Zollinger, 2020 SCC 45 This case is applicable to all types of contracts including those involving Intellectual Property. The duty of honest performance requires that parties must not lie or otherwise knowingly mislead each other about matters directly linked to the performance of a contract.
Kluwer Copyright Blog
JUNE 14, 2021
The DSM Directive’s new rules on author’s contracts are indeed something to celebrate. The DSM Directive provides for a set of four contract adjustment measures, to the benefit of authors and performers: a right to appropriate (fair) remuneration (art.
GDB Firm Blog
APRIL 10, 2019
Most of the time, a claim for breach of contract prevents a simultaneous claim for unjust enrichment or other equitable remedies. But sometimes, there is a back door
IP Law 360
SEPTEMBER 10, 2021
If the Petunia Products v. Rodan and Fields brow products dispute, currently pending in a California federal court, ultimately finds, for the first time, that social media influencers can be liable for promoting trademark-infringing products, it could bring changes in influencer agreement drafting and negotiation, says attorney Marie-Andrée Weiss
GDB Firm Blog
JANUARY 27, 2020
Governor Cuomo rang in the new year by signing the New York City Public Works Investment Act, authorizing a variety of NYC agencies to enter into design-build contracts whereby one entity both designs and constructs the public improvement
IP Law 360
AUGUST 12, 2021
Military-grade camera maker Vision Technologies Inc. has escaped a suit claiming that its now-bankrupt subsidiary violated multiple agreements in its acquisition of a commercial security-camera manufacturer after a Massachusetts federal judge found following a bench trial that the circumstances weren't "extreme" enough to hold Vision liable.
IP Law 360
AUGUST 10, 2021
A federal appeals court judge said Tuesday that the makers of The Real Yellow Pages may have violated the copyright on hundreds of images by using them in ways not outlined in the licensing agreement reached with the owner of the pictures
GDB Firm Blog
MAY 20, 2019
When a subcontractor gives a price to a contractor, which then relies on that quote in submitting its bid to the owner, the subcontractor can be locked in and bound to perform the work at that quoted price. But perhaps not always
Art Law Journal
NOVEMBER 18, 2020
Corporate Law Book Authorship Contract Negotiation Contracts LicensingSteve Schlackman. Don't be at a disadvantage when negotiating against an experienced opposing party. Here a few things to consider to even the playing field.
LexBlog IP
JULY 29, 2021
In Chadha v. Wahedna , 2021 NY Slip Op. 50509(U) (Sup. 2021), Justice Ostrager of the New York County Commercial Division, dismissed Plaintiff Nilsa Chadha’s (“Plaintiff”) claims in their entirety due to Plaintiff’s execution of a general release.
GDB Firm Blog
NOVEMBER 8, 2017
Contracting parties in the know are aware that the statute of limitations for breach of contract is six years. But a recent appellate decision reminds us that the parties can shorten that period quite a bit
GDB Firm Blog
JANUARY 17, 2018
Bucking a trend to the contrary, a recent decision finds condo unit owners can sue an architect for construction defects—even though they had no direct contract with the architect
Technology & Marketing Law Blog
OCTOBER 11, 2021
Southwest asserts claims under the CFAA, the Texas computer crime statute, breach of contract, and trademark. Southwest relied on its breach of contract claim when requesting an injunction. E-Commerce Licensing/Contracts Privacy/Security Trespass to Chattels
SpicyIP
JULY 13, 2021
As a practice, artists enter into contracts with publishers which grant them ownership of the work to commercially exploit it and collect the royalties it earns. Then these earnings are split between the publishers and artists based on the terms of the contract between them.
IP Watchdog
OCTOBER 6, 2021
This contracted position is located in Geneva, Switzerland, and is a non-fixed-term appointment. The new Senior Advisor, IP and Gender, will begin with a 2-year contract that is renewable based on performance over the initial 2 years.
Technology & Marketing Law Blog
JULY 10, 2021
As I blogged last time: The plaintiff can replead the contract breach claim for failure-to-pay, but the case has lost all of its ideological implications about must-carry obligations and instead has devolved into a routine collections case (that will likely fail anyways). Licensing/Contracts
Art Law Journal
SEPTEMBER 9, 2020
Attribution & Integrity Contracts employer freelance Independent Contractors Work Made for HireSteve Schlackman. Many people think if they pay for creative work, they own the copyright but as you'll see in this article, that isn't always the case.
Art Law Journal
SEPTEMBER 10, 2021
Operations commissions contracts freelance pricingIn part 2 of this conversation about pricing, you as an illustrator can get more detail on rates, licensing, and even how to alter these for family and friends. The post Pricing for Illustrators Part 2 appeared first on Art Business Journal.
Art Law Journal
SEPTEMBER 2, 2021
Operations commissions contracts freelance pricingDeciding on your pricing is one of the hardest moves to make in the art industry. Read what it's like to calculate rates from illustrator, Molly Magnell. The post Pricing for Illustrators appeared first on Art Business Journal.
IPilogue
SEPTEMBER 2, 2021
American actress Scarlett Johansson, known for playing the Black Widow in Disney & Marvel’s The Avengers franchise, took action against Disney on July 30, 2021 for an alleged breach of contract involving the recent Black Widow film’s distribution. Photo by Tima Miroshnichenko on Pexels.
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