Selling online - knowing the rules - Peter Mason
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Briffa solicitor Peter Mason advises on the laws surrounding intellectual property.
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Selling online - knowing the rules - Peter Mason
- 1. London College of Communication - 19 November 2009 Peter Mason Selling Online - Know the Rules - The Legals A Law Firm Specialising in Intellectual Property and Information Technology
- 12. Briffa Peter Mason Solicitor 0207 288 6003 [email_address] Briffa Business Design Centre 52 Upper Street Islington London N1 0QH
Notes de l'éditeur
- Fast moving area, creates a challenge to keep up However, many principles are the same Think about broad issues to cover new developments then narrow and define
- This is all probably well known to you, but to recap to consider the impact on legal matters In the past, business said “here’s my offering, in my shop, do you want to buy?” Now, the user can choose where, when and how to buy, and if they don’t want to buy they can make their own. The current practice is to create structures to allow users to make their own works, entertainment and services. Many sites, like Facebook, even allow users to change the structure. From a legal perspective therefore it’s less about property and protecting that property (Now there’s my property, your property and our property) but more about managing relationships. The relationships may be with artists, “users” or both, or you may use outside content. How these interact and the extent to which a user is permitted to be a contributor are governed by the technology and the legal terms.
- There are a lot of different ways to approach this subject. This is just my approach and these are the areas that I want to deal with.
- - specific list of things it protects
- So, it has to be secret and the listener would reasonably expect a duty of confidence to arise Exists at common law. Much easier to rely upon if you have a contract
- You have to ask two questions. 1. Will my offering infringe anyone else’s rights? 2. How do I protect my customer base and goodwill?
- Conflicting Contracts is particularly important in music with recording and publishing agreements or books with literary publishing agreements
- So this is for more artists creating work offline wanting to add a digital exploitation angle. E.g. musicians, film-makers
- Personal Data = Bibliographical data generally speaking