5 Takeaways from the Slate’s Contract Cheating Piece

Plagiarism Today

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.

Getting paid to play? Copyright, contract, and the rewards for UGC

Kluwer Copyright Blog

In my project, You Can Play (see also working paper here ), I explore how contract, rather than copyright, is the key enabler of user creativity in this industry. Infringement Reimbursement UGC contract creative industries creativity reward user generated work video games

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Oral Contract Claims Dismissed

Chicago IP

12(b)(6) motion to partially dismiss counterclaim plaintiff’s (“Kolbe”) breach of contract claim in this trade secret misappropriation case. Kolbe also failed to sufficiently plead an oral contract. Kolbe v. CZS Holdings LLC d/b/a Pur360 , No. 20 C 6886, Slip Op.

The Pandemic May Not Automatically Frustrate Employment Contracts

Nelligan Law

Reading Time: 2 minutes What is Frustration of Contract? Contract frustration occurs when a contractual obligation can no longer be performed, with no fault to either party. In a recent case, discussed below, the Court ruled that the pandemic cannot cause frustration of contract.

Tips on Contracts and Licensing for Artists

Art Law Journal

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.

3 Common Pitfalls to Avoid in a Photography Contract

Art Law Journal

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.

Contract Negotiation Tips for Visual Artists

Art Law Journal

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.

Contract Negotiation Tips for Visual Artists

Art Law Journal

What questions should you be asking in contract negotiation, and what provisions should you be reviewing? Not every item must be in the contract, but it will be too late to add anything to make the loss as comprehensive as possible once you sign. Legal contracts licensing

Tips on Contracts and Licensing for Artists

Art Law Journal

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

1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More)

Technology & Marketing Law Blog

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

Avoiding IPR via Contract

Patently-O

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 ).

Contract Negotiation Tips for Visual Artists

Art Law Journal

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

CAFC Emphasizes the Importance of Contract Principles in Arbitrability Determination

IP Watchdog

Courts District Courts Federal Circuit IP News IPWatchdog Articles Licensing Litigation arbitration CAFC California Code of Civil Procedure Contract Law intellectual property technology technology licensing agreement U.S.

Oral Contract Claims Dismissed

LexBlog IP

12(b)(6) motion to partially dismiss counterclaim plaintiff’s (“Kolbe”) breach of contract claim in this trade secret misappropriation case. Kolbe also failed to sufficiently plead an oral contract. Kolbe v. CZS Holdings LLC d/b/a Pur360 , No. 20 C 6886, Slip Op.

3 Common Pitfalls to Avoid in a Photography Contract

Art Law Journal

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

IP.com Announces Contract Renewal with USPTO

IP.com

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.

Wading into Contract Law Again, CAFC Says Forum Selection Clause Also Precludes IPRs

IP Watchdog

s motion for a preliminary injunction in the court’s misreading of the plain language of a contract’s forum selection clause. The U.S. Court of Appeals for the Federal Circuit (CAFC) earlier today issued a precedential decision holding that the U.S.

Good Faith Doctrine and NFTs – How a Bored Ape NFT Dilemma May Present Unique Copyright and Contract Issues

IP Watchdog

Can something called a “Bored Ape” be embodied in a non-fungible token (NFT) and be associated with smart contracts? How could this present unique and challenging issues regarding copyright law?

Distinguish “Smart Contract” From Abstract Idea To Pass Blockchain Patentability Scrutiny

Intellectual Property Law Blog

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.

Eighth Circuit Says a Browsewrap Might Form a Contract (and It Wasn’t Even a “Browsewrap”)–Foster v. Walmart

Technology & Marketing Law Blog

The court also created a new definition of browsewrap that further plunges online contract formation law into anarchy. * * *. If the buyers went to Walmart.com after they made the purchase, then the terms seek to amend an existing contract formed at the time of purchase. (I’ve

Pandemic ski resort closures allow both contract and advertising claims

43(B)log

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.

Sea change on web-based contract amendments

Likelihood of Confusion

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.

Faked It? Your Contract Won’t Make It

JD Supra Law

The US Court of Appeals for the Seventh Circuit affirmed a district court ruling denying a defendant’s motion to enforce an arbitration clause in a software license agreement that the defendant’s employee entered into using a fake company name at the defendant’s direction.

Tips For Evaluating Machine Learning For Contracts Review

IP Law 360

Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia

Contract remedies again prove broader than false advertising for pandemic-related suits

43(B)log

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.”

Sports Turf Northwest Sues for Alleged Breach of Contract

Indiana Intellectual Property Law

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

Can Artists Use Their Sale Contracts to Game the System?

Clancco

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

Koss Tells Judge To Reject Apple Contract Breach Claim

IP Law 360

wants a Texas federal court to throw out Apple's breach of contract allegations in a patent infringement lawsuit against the technology giant, calling those accusations an "absurdity Headphone maker Koss Corp.

Patent Damages Laws Regarding Apportionment are Inapplicable to Breach of Contract (FRAND) Claims

IP Watchdog

Law Firms Must Prepare For Contract Tech Co. Consolidation

IP Law 360

The legal industry's continued remote work needs during the pandemic have fueled growth of contract lifecycle management providers, but to continue access to the platforms they have come to rely on, businesses should look out for the CLM mergers that are likely to occur in 2022, says Naseeha Machingal at LegalEase Solutions

Ping® January 2022 – Reminder To Review Your Contracts

LexBlog IP

Review Your Contracts Every Year. One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract.

Ping® Webinar: 5 Things Every Design Contract Needs

LexBlog IP

This program covered: –The five key problem areas in design contracts. –What the key terms of a contract should be, why they are there and when they should be changed. I want to give a big thanks to Houzz PRO for hosting this webinar.

“Shall Be the Property” Is Insufficient to Automatically Assign Title to an Invention in a Contract

JD Supra Law

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.

Split 8th Circ. Upholds Dismissal Of Biotech Contract Suit

IP Law 360

A split Eighth Circuit has backed a lower court's decision to toss Minnesota-based Protege Biomedical LLC's suit against a New York-based financial advising firm, saying the adviser did not breach its contract with Protege over an alleged leak of confidential information to a competitor

CoStar Scores Win In Contract Fight With Ex-Licensee

IP Law 360

Commercial real estate information giant CoStar can move forward with most of a lawsuit against a former licensee after a Washington, D.C., federal judge let stand claims that the licensee's managing director wrongly accessed CoStar's database

Employment Contract Issues for New (and maybe old) Physicians

LexBlog IP

Mike Cassidy was published in this month’s ACMS Bulletin. Find the article here. Employment & Labor Intellectual Property Personal Injury

Breach Of Contract Vs. Equitable Remedies

GDB Firm Blog

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

The Supreme Court of Canada May Hold Your Silence as Dishonesty in Contract Performance

Canadian Intellectual Property Blog

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.

No Breach of Contract Where Company Disclosed Its Own Non-Public Information

JD Supra Law

The US Court of Appeals for the Eighth Circuit affirmed a district court’s dismissal of a trade secret lawsuit against a consultant that allegedly failed to prevent its client from disclosing its own proprietary information during a call with a potential buyer. By: McDermott Will & Emery

EDPB provides guidance on requirements of data processing contracts

LexBlog IP

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.