The impact of the GDPR on personalisation in the travel industry - Leisure Industries, August 2018
Enforcement of the GDPR begins on 25 May 2018.2 The GDPR is wide reaching in terms of both subject matter and territorial scope. This article focuses on two areas of the Regulation that will have significant effect on the travel industry: marketing and sharing data across international borders.
Artificial Intelligence: questions of copyrightability and liability for infringement - Leisure Industries Section, August 2018
In the past decades, which saw Stephen Thaler’s ‘Creativity Machine’, the cookbook of IBM’s Watson, Google’s Magenta-project and ‘Inceptionism’, courts have grappled with applying existing copyright legislation to new works created fully or partially by non-humans. In the future, lawmakers may have to decide whether or not to afford the same copyright protection to AI-created works as to human-created works. Rights, however, go hand in hand with obligations and liability.
US Supreme Court decision clears the way for states to allow gambling on sports
The US Supreme Court struck down the Professional and Amateur Sports Protection Act, finding its restriction of American states’ power to allow gambling on sporting events to be unconstitutional. The Court’s majority opinion relied on the ‘anti-commandeering doctrine’, barring Congress from directing states how to act in areas beyond those committed to Congress and not prohibited to the states. Potentially vast sums are involved and swift expansion in state-authorised gambling is anticipated.
Hybrid operating model for brands and owners becoming increasingly prevalent
Jeffrey Schagren of Squire Patton Boggs examines two types of manchise agreements. The first (Manchise A) is where the brand manages the hotel for a predetermined timeframe at the end of which the property converts to a brand franchise (and/or a management agreement whereby conversion to a franchise agreement is made the only termination remedy for an owner for the brand manager’s poor performance). The second (Manchise B) is where a manchise agreement is coexistent with a management agreement.