Sean Kane

Sean Kane

Pillsbury Winthrop Shaw Pittman LLP

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Latest Publications


Copyright Assignment Termination After 35 Years: The Video Game Industry Comes of Age

A little-known section of the Copyright Act allows designers and developers of video games to terminate copyright assignments granted after January 1, 1978. Section 203 of the Act was intended to give creators of...more

9/24/2013 - Assignments Copyright Termination The Copyright Act Video Games

Evolving Case Law on the Fair Use of Famous Trademarks in Video Games

A recent spate of cases has generally upheld, on First Amendment grounds, a developer’s right to include unlicensed trademarks in video games. However, until the body of case law becomes so prevalent that trademark owners...more

8/27/2013 - Electronic Arts First Amendment Right of Publicity Trademarks Video Games

Game Developer’s Conduct Justified Granting Publisher a Permanent Royalty-Free License

On April 9, the U.S. Court of Appeals for the 5th Circuit issued an order upholding an arbitration award against a video game developer and granting a publisher a perpetual license in the developer’s game due to the...more

4/26/2013 - Arbitration Breach of Contract Fraud Licenses Royalties Terms and Conditions Video Games

FTC Updates Mobile and Online Advertising Guidelines

On March 12th, the Federal Trade Commission issued a report updating its mobile and online advertising guidelines. The recently issued report was a follow-up to the year 2000 "Dot Com Disclosures" to address the marked...more

3/20/2013 - Advertising Disclosure Requirements Dot Com Disclosure Guide FTC Marketing Mobile Devices

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