In Montana, there are many older oil and gas leases held by production, particularly in eastern Montana. These leases often times cover several tracts of land and do not contain a Pugh Clause. Although one or more of the tracts of the lease may be part of a producing unit, other tracts are not. Because there is no Pugh Clause in the lease, there is no explicit contractual right to a release of the nonproducing tracts. Given the recent development of the Bakken, the fact that a mineral owner may have nonproducing tracts of land held by an older lease with unfavorable royalty provisions is an undesirable situation for the owner. Mineral owners are, therefore, turning towards common law and unique mechanisms under Montana law to gain releases of these lands.
As the popularity of social media grows, the amount of content that is posted and shared among social media users skyrockets. Users can post or repost their own or anyone else's content on social media sites, including copyrighted content. However, posting other people's content is not without implication, particularly when it comes to copyright infringement. While certain uses of copyrighted content on social media sites may be considered "fair use" rather than infringement, understanding the line between fair use and infringement is essential for mitigating legal risks.