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Virginia Fournier

Recent Posts

Common Misconceptions about the “Work for Hire” Doctrine

Common Misconceptions about the “Work for Hire” Doctrine

December 8, 2021 at 2:48 PM - copyrights,

In the copyright world, the general rule is that the creator of a work owns the copyright in that work. However, this general rule does not apply to all copyrightable works, including so-called “works for hire.” The copyright “work for hire” doctrine provides that the employer automatically owns the copyright in a work for hire created by its employee within the scope of the employee’s employment, absent a written agreement to the contrary. However, there are many misconceptions regarding “works for hire” under U.S. copyright law. First and foremost, the “work for hire” doctrine applies only to a very narrow category of works, as defined in Section 101 of the U.S. Copyright Act (Title 17 of the U.S. Code). Moreover, it only applies to copyrightable works, and does not extend to works protected by trade secrets, patents, or trademarks.

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New State Privacy Laws in Virginia and Colorado

New State Privacy Laws in Virginia and Colorado

August 2, 2021 at 3:37 PM - Privacy,

In the absence of federal privacy legislation and in response to growing public concern over businesses’ use of personal data here in the U.S., more states are filling the void that exists in the area of consumer privacy protection. Earlier this year, Virginia passed the Virginia Consumer Data Protection Act (CDPA), and more recently, Colorado introduced the Colorado Privacy Act (CPA) on July 7th, 2021. Both of these laws will take effect in 2023.

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10 Tips to Bolster a Licensee’s Source Code Escrow Protections

10 Tips to Bolster a Licensee’s Source Code Escrow Protections

July 8, 2021 at 12:45 PM -

When licensed software lies at the heart of a product or service, the licensee must consider how its business could be impacted in the event access to the software is suddenly disrupted (i.e., the licensor goes out of business). In some cases, the licensee’s contingency plan may include exercising a negotiated option to purchase a license to the software’s source code directly from the licensor; or if the software is easily replaced, finding an alternate vendor. When a source code license is not available and/or the software is not easily replaced, however, the licensee often considers a source code escrow arrangement.

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