Skip to main content

Posts

Showing posts with the label contract

Clean As A Whistleblower... The Impact Of NDAs On Freedom Of Speech

An NDA, or non-disclosure agreement, is a contract in which parties agree not to disclose information covered by the agreement. These are often not enshrined in a written contract, such as attorney-client privilege, or doctor-patient confidentiality, but more formal NDAs are commonly used in commercial settings and business relationships to bind two parties to silence on issues ranging from confidential documents to accusations of wrongdoing and resulting settlements. Very few argue that NDAs being used to protect competition or trade secrets is something to be stopped, but controversy arises when victims of wrongdoing and the wrongdoers themselves enter an agreement to prevent the wrongdoing from being exposed. Employees are often made to sign NDAs after their dismissal following unacceptable practices, discrimination, or harassment, and may be paid compensation in return. While NDAs cannot be enforced in the UK and other countries if the contracted activities are criminal, they may s...

Look What You Made Her Do... Taylor Swift's Dispute in Contract and IP

First of all, I have never studied intellectual property law, particularly US intellectual property law, and so I have dealt with this from a broad perspective as if it was set in the UK. Anyway, here goes... If you haven't heard of the Taylor Swift drama with Scooter Braun - get up to date on pop culture. Swift signed a contract with Big Machine Records in 2004 at the age of 15 for, presumably, 6 records before the contract could be renewed. She left BMR after her sixth album, reputation, and signed with a new record company to release her seventh album, Lover. BMR retain ownership of her masters, and the company has since been sold to Scooter Braun, who isn't exactly Swift's friend, and Swift has publicly denounced Braun and his business ethics and behaviour, and tried to get her masters back. This issue has a few legal implications in contract and intellectual property, and these will be dealt with in turn. What are Taylor Swift's options? Contract Swift sign...