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In general, courts look beneath the surface of the agreements to conclude whether the agreements create a licensing relationship or if they amount to, in substance, sales subject to first sale doctrine under §109(a). Thus, specifying that the agreement grants only a "license" is necessary to create the licensing relationship, but not sufficient.
A transfer of one or more of the exclusive rights of copyright ownership by assignment or exclusive license is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent [4]
The table below is an incomplete list of acquisitions, with each acquisition listed being for the respective company in its entirety, unless otherwise specified. The acquisition date listed is the date of the agreement between Google and the acquisition subject. As Google is headquartered in the United States, acquisition is listed in US ...
Search giant Google Inc. (NASDAQ: GOOG) and the Federal Trade Commission (FTC) announced an agreement today to resolve concerns that some of the company's practices could inhibit competition in ...
It sets forth member capital contributions, ownership percentages, and management structure. Like a prenuptial agreement, an operating agreement can avoid future disputes between members by addressing buy-out rights, valuation formulas, and transfer restrictions. The written LLC operating agreement should be signed by all of its members. [22]
An asset purchase agreement (APA) is an agreement between a buyer and a seller that finalizes terms and conditions related to the purchase and sale of a company's assets. [1] [2] It is important to note in an APA transaction, it is not necessary for the buyer to purchase all of the assets of the company. In fact, it is common for a buyer to ...
In September 2010, the U.S. Court of Appeals for the Ninth Circuit reversed, holding that "a software user is a licensee rather than an owner of a copy where the copyright owner (1) specifies that the user is granted a license; (2) significantly authorized the user's ability to transfer the software; and (3) imposes notable use authorizations ...
This is the first case in which a document, not itself a contract or agreement and containing no reference to the copyrights, was considered a "note or memorandum" of copyright transfer, and the first time a sole owner of a company was designated a work for hire for copyright ownership purposes.
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