Commercial Contracts

Authors

Wayne Hudson

Categories

Intellectual Property
Commercial Contracts
Litigation

Contracting out of the commissioning rule and Maxim Group v Jones Publishing

The commissioning rule in the Copyright Act 1994 automatically allocates copyright ownership to the “commissioner” for artistic works, film or sound recordings, and computer programs.  Parties can however contract out of this default rule. Maxim Group v Jones Publishing is a recent High Court decision which provides a warning to parties wishing to contract out of the default rule.

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Authors

Simon Martin

Categories

Commercial Contracts

Is there a Conflict?

The Recent English case of Data Direct Technologies v Marks and Spencer plc provides valuable lessons for companies in relation to a common type of technology contract. The type of contract in question was a Master Agreement that sets out a framework for engagement between the parties and then relies on schedules or work orders subsequently entered into for the supply of various goods or services.

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Authors

Wayne Hudson

Categories

Intellectual Property
Commercial Contracts

Security Interests Under The PPSA – A Warning For Artists

Many artists who leave their works with retailers, art galleries, or cafés for sale, may be unaware that New Zealand’s security laws severely restrict their ability to retrieve those works.

Recently, New Zealand artists were given a wake-up call with the financial collapse of Eon, a prominent outlet for the country’s design community.  Unbeknownst to many, Eon had given security to its bank over all of its assets, which left the artists with no reasonable prospect of retrieving their works or getting paid for them.

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