The Nuts & Bolts of Software Licensing Agreements

(427 Ratings)

Produced on: October 26, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 60 minutes
Difficulty Beginner

Software licensing requires not only good contract drafting and negotiating skills, but also basic knowledge of how software works, applicable terminology, the nuances of authorized use, the real world potential risks of third party claims and business interruption, and the different business models used by licensors to offer their applications and cloud services.   

This course, presented by Barry Werbin, Senior IP Counsel at Herrick, Feinstein LLP, will focus on the basics of software licensing in a business context, proving guidance and sample clauses addressing contractual provisions unique to software licenses, including scope of use, source code escrows, warranties, indemnification, limitations of liability, bankruptcy concerns, support and maintenance (including service level agreements), and relevant copyright issues.  


Learning Objectives:

  1. Discuss what “software” is and key terminology, including source code, object code and open source software
  2. Consider the different licensor business models, including direct licensing and software-as-a-service (SaaS) or cloud computing
  3. Examine key license clauses from the different perspectives of licensor and licensee, such as warranties, indemnification, termination and bankruptcy situations
  4. Assess support and maintenance commitments, including service level agreements
  5. Review applicable Copyright Act provisions germane to software licensing

Faculty

Barry Werbin

Herrick Feinstein LLP

Barry Werbin is counsel at Herrick, Feinstein LLP and a member of its Intellectual Property Group. Barry concentrates his practice in intellectual property and online issues (including trademarks, trade dress, copyrights, unfair competition, false advertising, publicity and privacy rights, trade secrets, domain name issues and UDRP arbitrations, digital rights protection, trademark and content licensing, Internet and traditional marketing and sponsorship agreements, publishing, due diligence and exploitation rights) and technology (including software licensing and development, IT support agreements, web-site development and hosting, and data and computer security breaches). Barry handles infringement and other complex commercial litigation and a broad variety of IP-related transactional matters.

Barry was Chair of the Copyright & Literary Property Committee of the New York City Bar Association 2010-2013. From 2010 - 2013 he was a member of the INTA's Online Use/Web 2.0 Working Group, which studied brands in social media. Barry serves as Co-Chair of the NY State Bar EASL Section's Publicity, Privacy and Media Committee, and is a member of the EASL Executive Committee. Barry also lectures on copyright law at St. John's Law School and Brooklyn Law School, and has lectured on Internet law at Parsons School of Design.

From 2013 through 2016, Barry was recognized as a top intellectual property litigation lawyer by Thompson Reuters' Super Lawyers, which rates outstanding lawyers who have attained a high-degree of peer recognition and professional achievement.

Reviews

BS
Brian S.

very good course and presenter

CF
Crystal F.

Excellent!

RM
Retha M.

This program was excellent. It fully met all of the stated learning objectives.

YA
Yekaterina A.

A very informative and detailed presentation.

CT
Cliff T.

Excellent program. Hit all the bases in a clear and cogent manner.

CT
Chris T.

Great presentation. Lots of practical and useful information.

LP
Loren P.

Excellent Presentation. Great examples for Software Licenses.

CR
Chris R.

Very well-constructed program

MC
Martha C.

Very well done.

JN
Josh N.

Very informative, excellent presentation

EC
Eric C.

I would give this course 5 stars out of 4!!!

SK
Scott K.

Very helpful!

PF
Pamela F.

Great program! Instructor was excellent!

MW
MARIAN W.

THIS IS MY FIRST COURSE SINCE I BOUGHT UNLIMITED ACCESS YESTERDAY. I'M CONSIDERABLY IMPRESSED WITH FEATURES SUCH AS SMART NOTES, TRACKING MCLE, AS WELL AS THE SPEAKER AND WRITTEN MATERIALS. I WOULD SAY THIS SUBSCRIPTION MAY BE THE BEST VALUE I'VE EVER RECEIVED FOR CONTINUING ED.

DD
David D.

The materials were more helpful than other course materials because the author included sample contract language. This helps illustrate the legal concepts in a memorable fashion.

CP
Caroline P.

Well done! Sufficiently thorough

JB
Justin B.

Great!

FV
Fred V.

Best session I have ever taken on Lawline.

JT
J A T.

Super course by Barry Werbin.

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$ 59 Contract Law, Intellectual Property Law, and Science & Technology Law In Stock

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