In the past few months Law360 has published two L&L articles. The first, by Carolyn Martin and Robert Piper, examines the Epic Games Inc. v. Apple Inc. litigation from the trade secret point of view, with some important cautions for litigators.
The second, by Carolyn Martin and Ethan Barr, analyzes the copyright termination right. The article and an earlier Insight on our website were prompted by the flurry of litigation by the comic book publisher Marvel against former writers. The Marvel litigation has shone a spotlight on the need to reexamine the work for hire exception to the termination right in our new “gig” economy, which is largely governed by independent contractor agreements. This contentious issue underscores the need for current creators, as well as those approaching the termination window, to protect their termination rights in advance.