Asset Integrity: Why Your IP Schedule Is Lying to You
When was the last time anyone audited your IP schedule against the underlying registries? If the answer is “never” — or “I don’t know” — the schedule attached to your last fund Aged Trial Balance or M&A package was probably wrong. The fix is structural. Every IP schedule is a snapshot. Every snapshot is wrong by the time it is delivered. The question is not whether the schedule is current — it is whether the variance between the schedule and reality is small enough to defend, and whether the underlying records support reconstruction when challenged. For most companies, the answer… [read more]
10 Legal Guardrails Every NIL Agreement Should Include
10 Legal Guardrails Every NIL Agreement Should Include As NIL (Name, Image, and Likeness) deals continue to grow in scope and visibility—particularly in collegiate athletics and influencer marketing—both individuals and organizations must approach NIL Grant of Rights agreements with clarity, precision, and legal foresight. At their core, NIL agreements are licensing contracts, and like any effective IP or commercial arrangement, they require well-defined guardrails to protect both the individual whose NIL is being licensed and the entity using it. Here’s a breakdown of 10 key provisions that every NIL agreement should address: Scope of Use Define exactly what rights are… [read more]
IP Risks and Strategies for Crypto Hedge Fund Managers: What You Need to Know
As cryptocurrency and blockchain-based investments mature, crypto hedge fund managers face a growing list of intellectual property (IP) concerns that differ significantly from those in traditional finance. Blockchain technologies, smart contracts, and token-based platforms introduce novel legal issues that can materially affect a fund’s portfolio, valuation, and long-term strategy. Here, we outline the most pressing IP-related issues that crypto hedge fund managers must understand and proactively address. Patent Risks in Blockchain Investments Patent Risks in Blockchain Investments Blockchain-related innovations are increasingly subject to patent filings by both startups and large technology firms. While the ethos of blockchain development… [read more]
Commercializing the Value of Your Intellectual Property Through Licensing
Licensing is a powerful tool for maximizing the value of intellectual property. This blog entry will explore the concept of IP licensing, different types of licensing agreements, and tips for negotiating and drafting effective licensing agreements. IP licensing is the process of granting permission to another party to use IP in exchange for compensation. Licensing allows IP owners to monetize their assets while retaining ownership and control. Types of Licensing Agreements: Exclusive License: Grants the licensee exclusive rights to use the IP, preventing the licensor from using or licensing the IP to others. Non-Exclusive License: Allows the licensor to grant… [read more]
What Is a License?
It’s common for businesses to use intellectual property created by another party. This is accomplished by obtaining a license from the owner. A license is a grant of rights to use someone else’s intellectual property for a term — with a reversionary interest. In other words, there’s a set time frame in which those rights are granted, after which all rights revert back to the owner. When using someone else’s content, it’s critical to obtain a license and to attribute it according to that license. Of course, there are exceptions, like where there is no commercial interest. George Lucas would not sue a… [read more]
