Protecting creative work and technology relationships
Khursheed Khan & Associates advises creators, publishers, software businesses, producers, agencies, technology suppliers and organisations commissioning digital work. We help clients establish ownership, define permitted use, structure commercial arrangements and respond to unauthorised exploitation.
The work connects the creative or technical asset with the agreement and business model behind it: who created it, who controls it, how it may be used and what happens when the relationship changes.
Copyright ownership and rights records
We review the history of a work, its contributors and the documents relied on to establish ownership. The assessment can identify missing assignments, unclear permissions or gaps in commissioning arrangements. Clear records support licensing, transactions and any later dispute.
Registration and documentation
We assist with the assessment and preparation of appropriate copyright applications and supporting records. The scope includes identifying the work, applicant and relevant authorship or ownership material. Registration strategy is considered alongside the substantive rights and evidence involved.
Software development and commissioning
We draft and review agreements for bespoke software, websites, applications and technical deliverables. Terms can address specifications, milestones, acceptance, payment, ownership, third-party components, support and handover. The agreement should distinguish the supplier’s existing tools from work created for the client.
Software licensing, SaaS and cloud contracts
We advise on permitted users, deployment, licence scope, subscriptions, service commitments, audit provisions and exit arrangements. Clients should identify essential functionality, business dependencies and how their information will be returned or migrated when the service ends.
Publishing, media and audiovisual rights
We assist with contracts concerning books, images, music, films and other content. The review addresses the particular rights granted, formats, territories, duration, payment and approval arrangements. Contributor permissions and the chain of rights require attention before release or distribution.
Digital content and platform arrangements
We review terms for online distribution, subscriptions, content contributions and platform use. The focus includes permissions, monetisation, removal processes and responsibility for material uploaded or supplied by others. Standard platform terms should be assessed against the client’s intended use.
Licensing, assignments and commercialisation
We structure transactions for the commercial use or transfer of copyright and technology assets. Advice can cover exclusivity, sublicensing, royalties, reporting, quality requirements and termination. The scope of the rights should match the commercial bargain and the owner’s ability to grant them.
Technology procurement and outsourcing
We support procurement, implementation and managed-service arrangements. Agreements should address delivery responsibilities, dependencies, changes, testing, performance, continuity and exit. The review is informed by the actual system and the client’s operational requirements.
Open-source and third-party components
We assist with reviewing the contractual and licensing position of components incorporated into a product or service. The work starts with a reliable inventory, relevant licence terms and the intended distribution model. Technical verification may require coordination with the development team or specialist reviewers.
AI-related content and technology contracts
We help clients assess contractual permissions, confidential inputs, supplier commitments and proposed uses of AI tools or outputs. The review identifies ownership questions and dependencies requiring further investigation. The legal position is assessed for the relevant jurisdiction and use case rather than assumed from the tool’s capabilities.
Confidentiality and know-how
We prepare confidentiality and use restrictions for collaboration, development and disclosure of valuable information. Practical advice can address access, documentation and return or deletion arrangements. Contractual measures should be supported by operational controls within the organisation.
Infringement and technology disputes
We assess unauthorised copying, disputed permissions, ownership disagreements and failures in technology delivery. The initial review brings together the work or system, agreements, relevant communications and evidence of the challenged conduct. The response is aligned with the available procedure and the client’s objectives.
Advice adapted to the asset and the audience
Creators and content businesses
Ownership, commissioning, contributor permissions, publication, distribution and revenue arrangements for authors, producers, publishers and creative enterprises.
Software and technology suppliers
Development and licensing models, protection of existing tools, third-party components, service obligations and terms for customer implementation.
Businesses acquiring technology
Scope, acceptance, access, continuity, support and exit provisions for organisations procuring systems or commissioning digital work.
Agencies and collaborative teams
Clear allocation of responsibilities and permissions among clients, designers, developers, consultants and other contributors to a project.
Questions we resolve before a project proceeds
- What existing material will be used, and who controls it?
- Who will own or be permitted to use new work?
- What may each party reuse, modify, distribute or sublicense?
- How will delivery, acceptance and changes be documented?
- What third-party permissions or components are involved?
- How are fees, royalties and reporting obligations defined?
- What happens to access, source material and information on termination?
- How will disagreements and urgent concerns be handled?
A practical approach to disputed use
Before recommending action, we examine the rights relied upon, the relevant permissions and the evidence of the alleged misuse. Technical or creative similarity needs to be assessed in context, with specialist input where the matter requires it.
Depending on the facts and mandate, work may involve preserving evidence, preparing correspondence, reviewing a platform complaint route, negotiating terms or pursuing or defending proceedings before the competent forum. Any urgent application requires its own assessment.
In a software or implementation dispute, the record may also need to establish the agreed specification, changes, testing, acceptance and the parties’ respective responsibilities. Identifying the remedy sought early helps focus the review.
From initial instruction to implementation
- Identify the work, technology or transaction and the intended commercial outcome.
- Review ownership, contracts, permissions and relevant records.
- Identify gaps, disputed issues and matters requiring technical or local advice.
- Prepare the agreed documentation, application or response strategy.
- Support negotiation, implementation or proceedings within the mandate.
- Record the outcome and the responsibilities that continue afterwards.
Information for an initial review
- A description or representative copy of the work or technology
- Authorship, development and ownership records
- Employment, consultancy, commissioning and assignment agreements
- Licences and relevant third-party or platform terms
- Specifications, delivery records, acceptance tests and change requests
- Relevant correspondence, notices and details of disputed use
- URLs, dates, screenshots or other evidence where appropriate
- Target markets, business objectives and known deadlines
Provide a concise outline first. Source code, confidential works and sensitive project information can then be supplied through an agreed method where required.
Frequently asked questions
Can ownership be reviewed before a licensing transaction?
Yes. Reviewing the chain of rights and any restrictions early can identify documents or permissions needed before terms are agreed.
Can you review an existing software agreement?
Yes. The review can focus on a proposed renewal, dispute, change of use, operational concern or a broader assessment of the arrangement.
Does paying for commissioned work settle every ownership question?
The contract, circumstances and applicable law must be reviewed. The parties should document ownership and permitted use expressly rather than rely on assumptions.
Can advice cover foreign platforms or overseas counterparties?
Yes. The scope can include cross-border coordination with qualified local advisers where another jurisdiction’s law or procedure requires it.
Do you advise both rights holders and users of content?
Yes, subject to conflicts checks. The firm can assist owners commercialising their work and organisations seeking to acquire or use it on appropriate terms.
What if unauthorised use is continuing?
Identify the material, relevant rights, locations and dates promptly and retain the available records. The appropriate response depends on the evidence, urgency and applicable procedure.