I recently spoke at a CLE at my firm about how to successfully draft key provisions in an intellectual property license and negotiate them. Here is an edited transcript that I post in two pieces. In this first one I offer suggestions about drafting warranties, indemnities and limitations of liability and I also provider some drafting tips.
Recent Blog Posts
by Andrew BergerPublished Monday, January 28th, 2013
by Andrew BergerPublished Thursday, December 27th, 2012
The oral argument in WNET et al. v. Aereo before the 2d Circuit panel of Judges Denny Chin and Christopher Droney and Eastern District Judge John Gleeson was long (more than 45 minutes) and spirited. The transcript is here. But the panel’s questions suggest the court may reverse and find that Aereo’s online transmission of live TV performances is an unlicensed public performance violating the Copyright Act.
by Andrew BergerPublished Wednesday, August 8th, 2012
Innovation breeds copyright litigation. The scenario is often the same. The copyright holder whose market share is eroded by the innovative product claims it infringes its statutory-protected rights. The technologist responds that its innovation is simply another authorized improvement in an evolutionary chain that benefits the public. These arguments are at play in ABC et al. v. Aereo and WNET v.
Guest Blog Post by Michael Einhorn: Establishing Indirect Lost Profits Resulting from Copyright Infringementby Michael EinhornPublished Friday, July 27th, 2012
Introduction by Andrew Berger
I am pleased to introduce Michael A. Einhorn to IP In BRIEF. Michael is an economic consultant and expert witness in the areas of intellectual property, media, entertainment, and product design. He is the author of Media, Technology, and Copyright: Integrating Law and Economics (2004) and over seventy related professional articles in intellectual property and economic analysis.