News & Analysis as of

Licensing Rights

Akin Gump Strauss Hauer & Feld LLP

OFAC Reimposes Venezuela Oil and Gas Sector Sanctions but Leaves Door Open for Possible Specific Licensing

Key Points - On April 17, 2024, based on a determination by the U.S. government that Nicolás Maduro and his representatives “have not fully met the commitments made” with respect to upcoming Venezuelan elections, the U.S....more

Fitch, Even, Tabin & Flannery LLP

Government’s Royalty-Free Licensing Rights Affirmed Over USF Patent

On February 9, in University of South Florida Board of Trustees v. United States, the Federal Circuit upheld royalty-free license rights of the U.S. government over a University of South Florida (USF) patent directed to...more

Akin Gump Strauss Hauer & Feld LLP

New EU & UK Sanctions

EU’s 12th Sanctions Package - On 19 December 2023, the Council of the European Union (EU) together with the Commission published its 12th round of sanctions....more

Whitcomb Selinsky, PC

Intellectual Property In Department Of Defense Contracting

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Questions Covered In This Webinar - What are the main types of intellectual property (patents, copyrights, trademarks, and trade secrets), and what distinguishes each one?...more

Vondran Legal

YouTube enables Remix on short videos, but is it wise to use 3rd party audio?

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As a YouTube creator myself (check out my popular legal information channel here), I have recently come to post "short" videos. These are videos under one minute, where I usually post them as a "teaser" and post a link to...more

Davis Wright Tremaine LLP

China's Cyberspace Administration Releases "Interim" Rules Regulating the Use of Generative AI

The Cybersecurity Administration of China ("CAC") and six other agencies jointly promulgated Interim Measures for the Administration of Generative Artificial Intelligence Services ("Generative AI Measures" or "Rules"), that...more

AEON Law

Patent Poetry: Videogame Company Awarded $4.3 Million in Damages for “Cheats”

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Bungie, a video game company that created the “Halo” and “Destiny” game series, has been awarded $4.3 million in damages in an arbitration against a creator of cheat software....more

Whitcomb Selinsky, PC

Categories of Rights in TD and CS in Department of Defense Contracts

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The Federal Acquisition Regulation and, likewise, the DFARS, distinguish “commercial” from “non-commercial” by generally defining a “commercial” item or service as that which is of a type customarily used by the general...more

Whitcomb Selinsky, PC

Contractor’s Assertions of Rights Restrictions in Government Contracts

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When a contractor asserts restrictions on the Government’s rights in certain required-deliverable technical data (TD) and computer software (CS), the assertions of rights state that the Government has less than unlimited...more

Littler

NCAA Rules to Be Aware of Before Reaching an NIL Deal

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The National Collegiate Athletic Association (NCAA) recently issued new guidance regarding name, image, and likeness (NIL) endorsement deals with college athletes. The NCAA’s most recent guidance aims to provide clarity on...more

Bodman

Application of Michigan's NIL Law

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More changes are coming to the NIL laws governing Michigan student-athletes – effective December 31, 2022, House Bill 5217 officially sets parameters for how student-athletes can earn compensation for the use of their name,...more

Bodman

NIL Laws and Regulations Today

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Over a year has passed since student-athletes gained the right to enter endorsement deals with businesses across the country.  This name, image, and likeness (“NIL”) era, as it has been termed, has caused both excitement and...more

Whitcomb Selinsky, PC

License Required: Technical Data and Computer Software in Government Contracts

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As the Government’s acquisitions of goods and services become more extensive and complicated, especially in support of major programs of the Department of Defense (DoD), the delivery of technical data (TD) and computer...more

Stinson LLP

Music Licensing in the Age of TikTok

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Trends may come and go, but TikTok is likely here to stay. With many people stuck inside during the pandemic and needing inspiration for new hobbies, they turned to TikTok for recipes, books, dances, fashion, makeup and hair,...more

Mintz - Intellectual Property Viewpoints

Keep Out: Uniloc Gets Second Chance to Seal Licensing Documents

Patent owners that lack sufficient resources are often required to utilize the services of an outside litigation funding source to vindicate their patent rights. Often times, these patent owners communicate with such...more

Knobbe Martens

Who Owns the Royale With Cheese? - Miramax Sues Tarantino Over the Sale of Pulp Fiction Related NFTs

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On November 16, 2021, Miramax, LLC (“Miramax”) brought claims of breach of contract, copyright infringement, trademark infringement, and unfair competition against director Quentin Tarantino. Miramax alleges that Tarantino...more

Proskauer Rose LLP

Nine Point Ruling Limits High Court Bankruptcy Contract Rule

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In its 2019 decision in Mission Product Holdings Inc. v. Tempnology LLC, the U.S. Supreme Court resolved a circuit split concerning the effect of contract rejection under Section 365 of the Bankruptcy Code. More specifically,...more

Goulston & Storrs PC

The Latest on NIL: Updates to State and Federal Laws

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Since our last advisory on Name, Image, and Likeness (NIL) laws was published, there have been a number of newly passed and proposed state and federal laws we would like to highlight....more

Goulston & Storrs PC

The New Name, Image and Likeness Playing Field for Colleges and Universities – What You Need to Know

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Prior to 2015, student athletes were not permitted by NCAA rules to exploit commercially their name, image and likeness (“NIL”).  However, the decision that year in O’Bannon v. National Collegiate Athletic Ass’n, 802 F.3d...more

McDonnell Boehnen Hulbert & Berghoff LLP

Phytelligence, Inc. v. Washington State University (Fed. Cir. 2020)

One of the banes of any practicing patent attorney's professional existence is counseling clients on licensing agreements where the parties attempt to avoid setting forth definitive terms on contract provisions regarding...more

Proskauer - New Media & Technology

DOJ Seeking to End Movie Studio and Theater Antitrust Decrees amidst Streaming Competition – A New Opportunity in Theatrical...

For the film and media distribution industries, this year has been action-packed. Production budgets are skyrocketing and new digital services have been announced or are launching with each passing month. The streaming wars...more

International Lawyers Network

California Clears the Way for College Athletes to Get Their “Fair” Share of Licensing Pie

Sending shockwaves across the collegiate landscape, California Governor Gavin Newsom signed SB 206, the Fair Pay to Play Act (the Act) on September 30, 2019....more

Morgan Lewis

NCAA Reverses Course on Opposition to ‘Fair Pay to Play Act’

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As mentioned in our recent blog post, the National Collegiate Athletic Association (NCAA) had been steadfast in its opposition to California’s recently enacted Senate Bill 206, known nationally as the “Fair Pay to Play Act,”...more

Carlton Fields

Getting Creative with Video Games: DMCA Takedowns and You

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Back to Basics: A Primer on Intellectual Property Rights in Video Games - In this series, we discuss some of the fundamental concepts of intellectual property law as they relate specifically to video game companies and...more

Goulston & Storrs PC

Stay in the Know: Recent Developments in Trademark Law

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Retailers generally appreciate that their brands are among their most valuable assets. But it can be challenging for them to know how current trademark law will affect their selection, registration, and enforcement of those...more

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