scholarly journals Tactics and Terms in the Negotiation of Electronic Resource Licenses

2011 ◽  
pp. 174-192 ◽  
Author(s):  
Kincaid C. Brown
Keyword(s):  
Contract Law ◽  
Negotiation Process ◽  
License Agreement ◽  
Electronic Resource ◽  
Library Community ◽  
License Agreements ◽  
Basic Contract

This chapter introduces the reader to the realm of electronic resource license agreements. It provides the reader with an overview of basic contract law as it relates to electronic resource licensing. The chapter then discusses the electronic resource license negotiation process as well as license agreement term clauses. The aim of this chapter is to provide librarians with an understanding of basic licensing concepts and language in order to aid librarians in the review and negotiation of their own license agreements. The author hopes to impart lessons and tips he has learned in reviewing and negotiating license agreements with a number of publishers to further the awareness and understanding of licensing in the library community.

The Evolution of License Content

2011 ◽  
pp. 122-144 ◽  
Author(s):  
Trisha L. Davis ◽  
Celeste Feather
Keyword(s):  
Common Ground ◽  
American Association ◽  
Positive Impact ◽  
Business Practice ◽  
International Federation ◽  
License Agreement ◽  
Research Libraries ◽  
The Past ◽  
Library Community ◽  
Library Associations

The terms of licenses for electronic resources have changed in the past decade as librarians and publishers strived to reach common ground. A review and analysis of thirty-five licenses in effect prior to 2000 and their 2006 counterparts reveals how licenses evolved to meet the licensing principles set forth in recent years by the American Association of Law Libraries, the International Federation of Library Associations, and the NorthEast Research Libraries. Thirteen aspects of licenses were analyzed in the study. Eight aspects have evolved in the spirit of the principles, and four have not. The remaining aspect has not evolved as part of a license, but has emerged as a preferred business practice outside the license agreement that is in keeping with the practice the licensing principles encourage. The results of the analysis indicate that efforts in the library community to encourage the development of licenses that meet the needs of most libraries are having a positive impact.

Basic Contract Law

1948 ◽  
Vol 15 (3) ◽  
pp. 795
Author(s):  
Malcolm Sharp ◽  
Lon L. Fuller
Keyword(s):  
Contract Law ◽  
Basic Contract

scholarly journals Legal regulation of the license agreement

2021 ◽  
pp. 15-19
Author(s):  
Alona Tkachuk
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Civil Law ◽  
Legal Regulation ◽  
License Agreement ◽  
Intellectual Activity ◽  
License Agreements ◽  
Scientific Analysis ◽  
Legal Nature ◽  
Exclusive Property

The legal regulation of the license agreement is considered. Its contractual construction is investigated. The norms of the Civil Code of Ukraine and other normative legal acts on determining the essential terms of the license agreement are analyzed and it is clarified, which conditions must be agreed by the parties in order for the license agreement to be considered concluded. The scientific analysis of the legal nature of the license agreement in the system of civil law agreements is carried out. The objective essential conditions and features of concluding a license agreement are revealed. The subject and terms of the contract are considered. The rights and responsibilities of the licensor and the licensee are analyzed. The advantages of each party of the contract are determined. The civil law aspects of regulation of contractual license relations are investigated. The legal nature of the license is determined. The classification of license agreements has been carried out. The analysis of the current legislation in the field of granting property rights to the results of intellectual activity is carried out. The essential conditions of the agreement on creation on the order and use of the object of intellectual property rights and the agreement on transfer of exclusive property rights of intellectual property are investigated. The relationship between the license and the license agreement has been clarified. Recommendations on the structure of license agreements and advice on their content and method of presentation are provided. Conclusions and proposals, aimed at improving civil legislation in the field of legal regulation of license agreements, are formulated. It is concluded, that the license agreement is a fair mechanism for obtaining remuneration for the creation or acquisition of intellectual property

Traditional or Agile Contracting for Software Development

2021 ◽  
pp. 147-167
Author(s):  
Dinah Payne
Keyword(s):  
Project Management ◽  
Software Development ◽  
Contract Law ◽  
Agile Software Development ◽  
Legal Principles ◽  
Contract Formation ◽  
Agile Project Management ◽  
Agile Software ◽  
Basic Contract

As the use of software is present in so many activities today, it is important for business in particular to be aware of challenges that may seem different today than before the prevalence of software in our lives. Agile project management is one example: this more recent and nimble approach to software development presents its own challenges. Fortunately, the guiding legal principles related to traditional contract formation and execution are based in principles of fairness and equity, making the customization of legal principles to Agile contracting a reasonable endeavor. This chapter presents basic contract law and such law as it more specifically relates to contracts dealing with Agile software development.

scholarly journals KETERKAITAN PERJANJIAN LISENSI MERK DENGAN PERJANJIAN WARALABA DAN DISTRIBUSI

2010 ◽  
Vol 40 (4) ◽  
pp. 537
Author(s):  
Agung Sujatmiko
Keyword(s):  
Dispute Resolution ◽  
Contract Law ◽  
License Agreement ◽  
Trademark Licensing ◽  
The Right ◽  
Contractual Agreement

AbstrakThe exclusive rights of trademark, consisting of the right to use and tolicense to other people to use the trademark, must be protected. The licensingof trademark is one way to protect the rights. The trademark licensing existsas the result of an contractual agreement between a licensor and a licensee.The agreement consists of, for instance, the duration; the rights andobligation of the parties; and dispute resolution. The agreement must beregistered to the trademarks office as well as the trademark. The agreementis based on contract law which parties can stablish their right andobligation. The party must obey the contract regarding with the duration,payment of royalty, termination of contract and so on. The utility ofagreement is not only to give benefit to the owner of the marks as licensor,but also to the licensee and state. The license agreement is related to afranchising and distributions hip agreement. All of the agreement give anexclusive right.

Basic contract law

1997 ◽  
Vol 3 (2) ◽  
pp. 112-120
Author(s):  
T. Michael Speidel ◽  
S.M.A. Hamann ◽  
J.C. Meehan ◽  
T. Murtha ◽  
E. Strand
Keyword(s):  
Contract Law ◽  
Basic Contract

IP Licensing Contracts in Italy ‒ Royalty Rate Determination and Dispute Resolution Clauses

2021 ◽  
Author(s):  
Paola Gelato ◽  
Stefano Vergano
Keyword(s):  
Dispute Resolution ◽  
Legal Analysis ◽  
License Agreement ◽  
Royalty Rate ◽  
Economic Implications ◽  
Know How ◽  
License Agreements ◽  
Italian Law ◽  
Trademark Licensing

Abstract The present work is aimed at exploring IP license agreements under Italian law, with a focus on trademark licensing in the fashion, cosmetics and perfumery sectors, as well as on patent and know-how licensing in the pharmaceuticals industry. In particular, we will address the issue of royalty rate determination and dispute resolution clauses, which constitute key elements of a license agreement. These clauses will be analyzed in light of the above-mentioned fields of interest, in order to show how IP contractual tools may vary, in consideration of a particular sector. Moreover, the article tries to combine the legal analysis with the economic implications for business and entrepreneurs. The fact is that license agreements are business-oriented contracts, the study of which is particularly useful for understanding how and to what extent an IP agreement may influence and even shape, in some cases, a whole sector, as we will see with, for example, the perfumery sector.

Traditional or Agile Contracting for Software Development

2022 ◽  
pp. 649-670
Author(s):  
Dinah Payne
Keyword(s):  
Project Management ◽  
Software Development ◽  
Contract Law ◽  
Agile Software Development ◽  
Legal Principles ◽  
Contract Formation ◽  
Agile Project Management ◽  
Agile Software ◽  
Basic Contract

As the use of software is present in so many activities today, it is important for business in particular to be aware of challenges that may seem different today than before the prevalence of software in our lives. Agile project management is one example: this more recent and nimble approach to software development presents its own challenges. Fortunately, the guiding legal principles related to traditional contract formation and execution are based in principles of fairness and equity, making the customization of legal principles to Agile contracting a reasonable endeavor. This chapter presents basic contract law and such law as it more specifically relates to contracts dealing with Agile software development.

scholarly journals Cross-cultural differences in the negotiation process as a component of the elective course “English language for the contract law”

2020 ◽  
pp. 70-76
Author(s):  
N. B. Shramkova ◽  
I. A. Malykhina
Keyword(s):  
International Business ◽  
English Language ◽  
Real Life ◽  
Contract Law ◽  
Negotiation Process ◽  
Cross Cultural ◽  
Cross Cultural Differences ◽  
Communication Techniques ◽  
Elective Course ◽  
Business Negotiations

The article focuses on the important educational and cross-cultural aspect of teaching English to conduct international business negotiations within the framework of the elective course “English for Contract Law”. The article presents real-life cases and instructions on verbal and non-verbal communication techniques used to achieve success in negotiations. Applying these techniques will enable students to form the language and professional competencies, necessary for the future lawyers, who intend to work for international corporations.

Basic Contract Law

1948 ◽  
Vol 61 (5) ◽  
pp. 903
Author(s):  
Judson A. Crane ◽  
Lon L. Fuller
Keyword(s):  
Contract Law ◽  
Basic Contract
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