Rights in new media arise from old precedents; cases involving early uses of TV and video suggest that license grants must be drafted clearly
Article Abstract:
The ability to use existing licensed works in the various new media will continue to lead to copyright disputes. Before using licensed works online or in other new media, the licensee should carefully review the rights given by the license. The wording and context of the license grant determines the scope of the right to use the work online and in the new media. A future-technologies clause might broaden the scope of the license, and a reservation-of-rights clause would narrow the license's scope. Older copyright law should provide guidance for interpreting the scope of license agreements for uses in the new media.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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No 'right' way to write software-based claims; the claim to a software-related invention can be drafted from any number of perspectives
Article Abstract:
There are many different ways to draft claims for software-implemented inventions. Claim language will differ with the specific type of claim, including those directed to computer programs per se or to the appearance of user interfaces or to the process of human-computer interaction that operates the computer. The lawyer should identify which parts of the software warrant patent protection and what claim format covers the invention. The claim should be written so proof of infringement flows from observing how the infringing product operates.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Law mandates use of French in deal documents: because France's 'Loi Toubon' is unclear as drafted, practitioners are struggling with compliance
Article Abstract:
France's so-called Loi Toubon, requiring French be used for many classes of transactional documents, has spread confusion and fears of greatly increased time and expense. Art 2 concerns documents for sales, warranties, and instructions, while Art 5 covers agreements entered into with public entities as well as private ones providing public services. The latter does not define crucial terms, and could cover all agreements with such private entities, not just those related to the public service.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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