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Digital, Commerce & Creative 101: Is this for real? The legal reality behind deepfakes
04 November 2024Did this really happen? Did they really say that? The emergence of deepfakes, which are videos, audio or images generated by artificial intelligence to mimic real people have quickly evolved from a novel technological curiosity to a sophisticated tool pushing the bounds of what is ethically and legally acceptable.
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Digital, Commerce & Creative 101: How can I comply with regulatory laws affecting my supply chain?
28 October 2024Companies are increasingly being required to comply with various laws which relate to their supply chain or the behaviour of their employees, agents and sub-contractors.
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Digital, Commerce & Creative 101: Software escrow: why bother, and what about SaaS and escrow?
28 October 2024Imagine this: your business licenses in a custom-built software platform to manage its critical day-to-day operations. One day, you receive the shocking news that your software provider has gone out of business. Panic sets in as you realise that, without access to this critical software, your entire system could come to a grinding halt. You breathe a sigh of relief as you remember that, in the course of negotiating the software licence, you engaged a software escrow agent.
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Digital, Commerce & Creative 101: Talent Agreements
28 October 2024When drafting or reviewing talent, performer or celebrity agreements under English law, there are several key points specific to these agreements to consider to ensure that both parties (the talent and the commissioning party) are adequately protected. Getting the right balance is of course, where the challenge is.
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Digital, Commerce & Creative 101: De-risking Devices as a Service (DaaS)!
28 October 2024Devices as a Service (DaaS) is now long established as one of the easiest ways to purchase use of IT hardware.
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Digital, Commerce & Creative 101: Force Majeure
28 October 2024This article outines what force majeure is, the benefits of having a force majeure clause and how to invoke one.
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Digital, Commerce & Creative 101: Drop the shipping, but not the ball! Five key watchouts for sellers who drop-ship!
28 October 2024Drop-shipping has become a popular model in the ever-evolving landscape of e-commerce. But while it makes sellers’ lives easier in terms of removing the need to hold and manage inventory, it comes with its own set of legal intricacies from a consumer law perspective.
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The EC’s Digital Fitness Check: Could additional legislation for Video Games Companies be on the horizon?
22 October 2024Regulation could go further to protect gamers’ wellbeing, suggests European Commission report
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Digital, Commerce & Creative 101: All’s ‘fair’ in love and contracts – a brief look at the Unfair Contract Terms Act 1977
18 October 2024When businesses contract with each other, the English common law principle of freedom to contract means that those businesses are, in general, free to agree the contractual terms that they choose. This contrasts with the position when businesses contract with consumers, where the law steps in to impose requirements to protect consumers.
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Price fixing – traps for the unwary
17 October 2024This insight looks at various forms of price fixing that sometimes take place in the context of commercial agreements, and the very serious risks such behaviour can cause. Most businesses do not consciously set out to infringe competition law by engaging in price fixing; it is more often something they fall into through lack of awareness while seeking to protect their brand and promote their business’s interests. Increasing awareness of competition law is a relatively easy way to avoid the serious consequences of going wrong.
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Digital, Commerce & Creative 101: An overview of Open versus Closed Book Contracts and our 5 tips for success!
17 October 2024Open book contracts offer cost transparency, while closed book contracts conceal costs. Success hinges on collaboration, clarity, and robust contract oversight.
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Digital, Commerce & Creative 101: Do I need a non-compete obligation?
15 October 2024Commonly referred to as exclusivity clauses, a non-compete obligation is often included in employment contracts whereby a contractual party may require another party to comply to protect its business interests.
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Digital, Commerce & Creative 101: As the operator of a business-to-consumer online platform, what consumer law issues should you be thinking about?
14 October 2024From a legal perspective, online platforms, including marketplace platforms, are amongst the most complex, and most regulated, business models in the UK. With the new Digital Markets, Competition and Consumers Act (“DMCC Act”), the potential for eye-watering fines, and the new powers given to the Competition and Market Authority (“CMA”), if you are an online platform, understanding and complying with consumer laws should be at the forefront of your agenda.
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Digital, Commerce & Creative 101: How can IT system integrations be delivered on time and on budget?
11 October 2024Whether driven by the need to replace legacy systems, add new functionality, join-up applications or get new products to market, systems integration projects are usually time sensitive, costly and inherently complex. If not managed correctly, they risk going over budget, being delayed and/or not meeting business requirements. In this latest instalment of our 101 series, we discuss five common issues and ways to de-risk them.
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Digital, Commerce & Creative 101: Liability clauses: getting them right!
09 October 2024In a competitive economy where profit margins can be ‘thin’, it is important for suppliers to de-risk their potential exposure, and conversely, for customers, to ensure that they have adequate recourse if things don’t go to plan! Liability clauses are a common feature of contracts as they allow parties to apportion liability and to ensure that the risk/reward works for both parties – sometimes this context is forgotten.
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AI 101: The SAG-AFTRA video games strike - issues and its implications for the industry
Podcast
03 October 2024The impact of AI has been felt across almost every industry. The recent SAG-AFTRA video games strike highlights some of the issues presented by the use of AI in the creative industries and in particular, in video game development.
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Lewis Silkin works with TIGA on guide to key regulatory issues facing the video games industry and Best Practice Principles
Press Release
27 September 2024Lewis Silkin’s leading Interactive Entertainment team have advised TIGA, the trade association representing the UK’s video games industry, on the review and update of the association’s Best Practice Principles Guide for games businesses.
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Lewis Silkin adds former CMA director to consumer regulation practice
Press Release
16 September 2024Lewis Silkin today announces the hire of Jen Dinmore as a Legal Director in its growing consumer regulation offering.
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Pricing and discount claims: WAS misleading, NOW compliant
28 August 2024In August 2024, the CMA issued updated guidance on reference pricing. As the consumer law REVOLUTION continues in the UK, this latest development offers important insight into the CMA’s approach to discount claims, and introduces important new standards.
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Digital, Commerce & Creative 101: How you can ease the logistical headache!
20 August 2024Businesses and consumers alike want their goods to be delivered accurately and quickly and for any returns to be processed swiftly. Logistics is an increasingly critical part of the supply chain and can include activities such as picking, packing, packaging, labelling, inventory management, transportation, customs clearance, warehousing and reverse logistics (returns).