Emerging Technologies and the Law: Forms and Analysis

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This comprehensive guide addresses the many legal issues presented by complex cross-technology transactions. 100+ transactional forms are included.

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The future has arrived ahead of schedule! Content publishers, entertainment and media companies, communications companies, and computer hardware and software companies are combining to create products that are revolutionizing business and private lives. Law firms and businesses must be prepared to react quickly or risk being left behind.

That's where Emerging Technologies and the Law: Forms and Analysis comes in. This comprehensive guide addresses the many legal issues presented by complex cross-technology transactions. It features 100 ready-to-use forms available online that eliminate guesswork and lead you through every critical step in structuring different kinds of agreements. You'll find clear explanations of: the technological and legal issues involved; an overview of patent law as it applies to emerging technologies; checklists of important factors to consider before beginning a complex cross-technology transaction; and more.

Book #00626; looseleaf, two volumes, 2,024 pages; originally published in 1994, completely revised edition published in 2002, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-107-

Additional Information

Additional Information
SKU	626ONL
Division Name	Law Journal Press
Volumes	2
Product Types	Books
Brand	Law Journal Press
Jurisdiction	National
ISBN	978-1-58852-107-1
Page Count	2024
Edition	0

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Author Info

III

William E. Bandon

Jeffrey D. Neuburger

Jeffrey D. Neuburger is a Partner in Proskauer Rose LLP, where he Co-chairs the firm's Technology Practice Group and Chairs the Firm's Technology, Media and Communications Practice Group. Mr. Neuburger is also an Adjunct Professor at Fordham University School of Law, where he teaches e-commerce law. Mr. Neuburger frequently writes and lectures on emerging technology law. He is the Chair of the New York State Bar Association's Special Committee on Cyberspace Law. Prior to practicing law, Mr. Neuburger was a systems analyst with the General Electric Company for six years.

Peter Brown

Peter Brown is the national leader of the Technology Law Practice in the New York office of Baker & Hostetler LLP. He is the immediate past Chair of the Commercial and Federal Litigation Section of the New York State Bar Association and was previously the Co-Chair of its Internet and Intellectual Property Litigation Committee. For over a decade he has served as the Chair of the Practicing Law Institutes Information Technology Institute. Mr. Browns practice includes the litigation of information technology and intellectual property issues in state and federal courts across the United States. He has also served as a mediator, arbitrator and expert witness in cases involving technology disputes. In addition, he routinely drafts and negotiates all types of transactional agreements relating the computer technology, the Internet and outsourcing.Mr. Brown served on the Board of the International Technology Law Association for over 15 years.He lectures on technology law and related litigation issues both nationally and internationally. He has been listed among the The Best Lawyers in America and as a Superlawyer in the New York Area. Formerly, he was an Adjunct Professor of Computer Law at Dartmouth College.

Richard Raysman

Richard Raysman is a partner in the New York office of Holland & Knight LLP. Mr. Raysman is co-author of the two-volume treatises Computer Law: Drafting and Negotiating Forms and Agreements;Emerging Technologies and the Law: Forms and Analysis and Intellectual Property Licensing: Forms and Analysis, all published by Law Journal Press, and co-writes a monthly column on computer law for the New York Law Journal. Mr. Raysman is past Chair of the Business Law Section, the largest section of the New York State Bar Association, and is past Chair of its Finance Committee. He also chairs Corporate Counsel's annual Law Journal IP Trademark, Copyright & Licensing Counsel Forum. Prior to practicing law, he was a systems engineer for six years with IBM Corp. Mr. Raysman concentrates his practice on Intellectual Property, including outsourcing and IP litigation, and was recently selected by Chambers as one of America's leading outsourcing lawyers. He is a member of the practical Law Company Advisory Board for Intellectual Property and Technology.

Table Of Contents

CHAPTER 1
The Constant Evolution of Information Technology
§ 1.01 Introduction
§ 1.02 Media Formats and Underlying Technologies

[1] Generally; Data Compression
[2] Still Image Formats
[3] Audio Formats
[4] Video Formats
[5] Streaming File Formats
[6] E-Books and Other Text-Viewing Formats
[7] Digital Rights Management Systems

§ 1.03 Emerging Consumer Technologies and Products

[1] Data Storage
[2] Handheld Computing Devices
[3] Global Positioning System and Other Locational Technologies
[4] Emerging Television Technologies
[5] Games
[6] Virtual Property
[7] Software Bots and Related Agents
[8] Other Emerging Technologies

§ 1.04 Technologies for Accessing Data Services

[1] The Internet and the World Wide Web
[2] Communication Using TCP/IP
[3] Technology for Connecting to the Internet

§ 1.05 The Content-Oriented Emerging Technology Application

[1] Content
[2] Drivers
[3] The Platform

§ 1.06 The Development Project

[1] Project Participants
[2] Development Structures
[3] Insurance
[4] The Role of Unions and Guilds in Application/Product Production
[5] Project Planning Checklist

CHAPTER 2 Rights Acquisition
§ 2.01 Introduction
§ 2.02 Future Technologies

[1] Technologies Existing at the Time of the License
[2] Technologies Not Existing at the Time of the Grant

§ 2.03 Drafting the License Agreement

[1] Identification of Licensed Properties
[2] The Grant
[3] Reservation of Rights
[4] Best Efforts Promotion
[5] Reversion Provisions
[6] Approvals
[7] Representations and Warranties
[8] Disclaimer of Warranties
[9] Indemnification/Defense Against Third Party Claims
[10] Ownership of Proprietary Rights
[11] Infringement by Third Parties
[12] Confidentiality
[13] Term
[14] Termination Provisions
[15] Payment Provisions
[16] Assignments and Subcontracting
[17] Rights of First Refusal and Last Negotiation
[18] Limitation of Liability
[19] Trademark Provisions

§2.04 The Review of Existing Licensing Agreements

[1] The Rights
[2] Future Technologies
[3] General Terms

§ 2.05 Form: Literary Work License Agreement
§ 2.06 Form: Illustration License Agreement
§ 2.07 Form: Video License Agreement
§ 2.08 Form: Synchronization and Public Performance License Agreement
§ 2.09 Form: Photograph License Agreement
§ 2.10 Form: Cartoonist License and Merchandising Agreement
§ 2.11 Form: Celebrity License Agreement
§ 2.12 Form: Celebrity Promotion License Agreement
§ 2.13 Form: Art Work License Agreement
§ 2.14 Form: Narration Services and License Agreement
§ 2.15 Form: Graphics License Agreement
§ 2.16 Form: Option License Agreement for a Literary Work License
§ 2.17 Form: Trademark License Agreement for Use in the Educational Market
§ 2.18 Form: Trademark License Agreement
§ 2.19 Form: Licensor Oriented Content License Agreement for CD-Roms
§ 2.20 Form: Clearinghouse Oriented Content License Agreement
§ 2.21 Form: Single Track Music License
§ 2.22 Form: Producer-Manager-Talent Agreement: Name and Likeness Release for Use in Product
§ 2.23 Form: Subject Matter Content License Agreement
§ 2.24 Form: Content License Agreement for Digital Product
§ 2.25 Form: Ring Tone License Agreement
§ 2.26 Form: Employee Certificate of Authorship
§ 2.27 Form: Content License Between a Magazine Publisher and a Web Site Publisher
§ 2.28 Form: Audiovisual Streaming/Downloading License Agreement
§ 2.29 Form: License Oriented Audiovisual Streaming Agreement Short Form
§ 2.30 Form: Audiovisual Program License Agreement

CHAPTER 3
Product Development Agreements
§ 3.01 Introduction
§ 3.02 Deliverables

[1] Functional Design Specifications
[2] Detailed Design Specifications
[3] The Master Copies

§ 3.03 Implementation Schedule

[1] Fixed Obligation
[2] Guideline

§ 3.04 Progress Reports and Interim Approvals
§ 3.05 Payment Schedules

[1] Fixed Fees with Milestones
[2] Time and Materials Development

§ 3.06 Acceptance Tests
§ 3.07 Definition of Ownership

[1] Ownership of Software
[2] Ownership of Other Aspects of the Product
[3] Cooperation and Notices

§ 3.08 Producer Owned or Controlled Rights
§ 3.09 Third Party Rights
§ 3.10 Reservation of Rights
§ 3.11 Confidentiality
§ 3.12 Termination Provisions
§ 3.13 Rights of First Refusal and Last Negotiation
§ 3.14 Limitation of Liability
§ 3.15 Representations and Warranties
§ 3.16 Indemnification
§ 3.17 Insurance and Risk Management

[1] Product Liability Insurance
[2] Intellectual Property Risk Management

§ 3.18 Software Licensing

[1] Scope of License
[2] Exclusive and Non-Exclusive Licenses
[3] Revocable Licenses
[4] Sublicensing/Third Party Usage
[5] Ownership
[6] Maintenance and Updates
[7] Source Code
[8] Warranties
[9] Indemnification
[10] Assignment Rights
[11] Term
[12] Modifications
[13] Confidential Information and Trade Secrets
[14] Open Source Software
[15] Electronic Health Records

§ 3.19 Web Site Development and Hosting Agreements

[1] Development Agreements
[2] Hosting

§ 3.20 Form: Letter of Intent for Development Agreement
§ 3.21 Form: Master Development Agreement
§ 3.22 Royalty Based Development Agreement
§ 3.23 Form: Master Joint Development Agreement
§ 3.24 Form: Independent Consulting Agreement
§ 3.25 Form: Subcontractor Agreement
§ 3.26 Form: License and Customization Agreement
§ 3.27 Form: License and Development Agreement for Online Application with Server and Client Aspects
§ 3.28 Form: Software License Agreement (Broad)
§ 3.29 Form: Software License Agreement (Restrictive)
§ 3.30 Form: Software License Agreement for Use of Software to Create Access and Retrieval Software
§ 3.31 Form: Software License Agreement for Existing Access and Retrieval Software
§ 3.32 Form: Escrow Agreement
§ 3.33 Form: Focus Group Agreement
§ 3.34 Form: Start of Work Template
§ 3.35 Form: Web Site Development and Services Agreement
§ 3.36 Form: Vendor Oriented User Trial Period License Agreement
§ 3.37 Form: Client Oriented Web Site Development Agreement
§ 3.38 Form: Retail Web Site Development and Services Agreement
§ 3.39 Form: Live and Prerecorded Broadcast Streaming and Hosting Agreement
§ 3.40 Form: GNU General Public License, Version 2, June 1991
§ 3.40 AForm: GNU General Public License, Version 3

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