IP Tech Knowledgy

As technology continues to progress, be sure your form documents are properly capturing the manner by which you are doing business. The language should be updated to include references to how your current mode of operations has evolved. For example, if your software is hosted in the cloud, your agreements allowing use of the software should not indicate they are downloadable and stored on physical media. If you are obtaining or granting rights to use materials in a publication that is now offered digitally online, the language in your permission form should be expanded from addressing use in a paper publications and should contemplate whether use in other online publications, websites, or postings is allowed. You should also include the possible use of videos and images, and address whether a user can digitally manipulate the content. If you have evolved from a static website to a more interactive one, be sure your Terms of Service set out guidelines for ownership and allow use of materials someone posts on your site.  

While agreements may have had the foresight to include words such as “usage is allowed on all media now known or created in the future,” consider if you are in a situation where your current form language may not cover the breadth or new parameters in which technology has introduced to your industry.

Ned T. Himmelrich
410-576-4171 • nhimmelrich@gfrlaw.com