Which contracts photographers should consider using

Which contracts your clients should sign A photographer asked a great question about contracts recently: I would like to redo my contracts. Would like to know what do you get clients to sign before a shoot? Disclaimer: This note is a fairly broad overview of many of the major themes you, as a photographer, shouldContinue reading “Which contracts photographers should consider using”

No, you can’t unilaterally opt out of Facebook’s terms and keep using it

Facebook has updated its terms of service and data use policy recently and the changes have upset many people. I’ve started seeing more declarations of users’ intention to opt-out of provisions of Facebook’s terms and conditions. These sorts of declarations seem to be legally binding with their fairly legalistic language but they don’t work exceptContinue reading “No, you can’t unilaterally opt out of Facebook’s terms and keep using it”

No photos of Cape Town Stadium, please, it’s protected

You may have heard that photographers are not permitted to take photos of Cape Town Stadium. The issue came up at the 2014 Advertising and Marketing Law Conference and I asked IP attorney, Hugh Melamdowitz, about the ban. It turns out that copyright in the architectural drawings of the stadium were assigned to the CityContinue reading “No photos of Cape Town Stadium, please, it’s protected”

4 tips for developers selling software

Say you’re a software developer and your customer wants to buy your app, do you know what you should be thinking about when selling software? Here are a few contract tips: Can you legally sell your app? Unless you have developed the code for the app from scratch and haven’t used any previous code ofContinue reading “4 tips for developers selling software”

The looming domain name war that brands should be preparing for

A lot of new generic Top Level Domains (“gTLDs”) are becoming available and their emergence is making life pretty interesting for brands which have to carefully take stock of which gTLDs could have an impact on their trademarks and which domains they should register to protect themselves. To complicate the situation even further, the roll-out is a phased roll-out and some of these new gTLDs include local South African gTLDs like .joburg, .capetown and .durban. Brands that don’t understand the registration process are going to lose out of potentially valuable domains, each of which could threaten their brands and trademarks,

Could it be unconstitutional to block access to the Pirate Bay?

A recent Dutch court handed down a fascinating ruling which sided with ISPs who were under pressure to block the infamous Pirate Bay. What is really interesting about the ruling is that the Court found that ineffective blockades infringed ISPs’ rights under the European Charter of Fundamental Rights: In its ruling the Court states thatContinue reading “Could it be unconstitutional to block access to the Pirate Bay?”

Using Netflix in South Africa is illegal

South Africans continue to be frustrated by the paucity of legitimate and convenient TV and movie download or streaming options. At the moment DSTV and a limited South African iTunes store are the primary options. Unfortunately this doesn’t seem to be enough so more and more consumers are looking to popular video rental service, Netflix, for their entertainment needs. The problem is that Netflix content isn’t legally available in South Africa and its likely for the same reason that the local iTunes store lacks TV and some movie content: licensing restrictions.