• copyright

    Two Band Members Heave a Sigh of Relief

    by  • November 18, 2016 • copyright • 0 Comments

    I have written several times before (caution recursive link) about the copyright infringement lawsuit over the highly-successful “Jersey Boys” musical, based on the band the Four Seasons. Briefly, the widow of an author of an unpublished biography of one of the band members, Tommy DeVito, claimed infringement of the book. It’s very convoluted with...

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    Choice of Law and Copyright Ownership

    by  • October 10, 2016 • copyright • 0 Comments

    RCTV International Corp. v. Rosenfeld is a exhaustive examination of how US copyright law applies to works of foreign origin. Plaintiff Radio Caracas Television RCTV C.V. is a Venezuelan television company that created the telenovela series “Juana La Virgen”1. RCTV Caracas hired defendant Perla Farias De Eskinazi (“Farias”), also Venezuelan, on four different annual...

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    Copyright Notice and Ownership

    by  • September 19, 2016 • copyright • 0 Comments

    Eminent scholar Jessica Litman has published What Notice Did, 96 B.U.L. Rev. 717 (2016), an interesting article on how copyright notice has shaped copyright ownership jurisprudence. Most interesting to me was the “head’s I win, tails you lose” nature of notice. Since 1870 an assignment had to be in writing, but publishers would name...

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    You Will Never Get a Copyright Registration Right

    by  • September 9, 2016 • copyright • 0 Comments

    I previously wrote about the licensing discussion in Palmer/Kane LLC v. Rosen Book Works LLC, but the decision also points out what is the near impossibility of successfully registering the copyright in a work so that you can actually have a lawsuit claiming it was infringed. Palmer/Kane originally alleged the infringement of 19 works,...

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    The Contract Without End – What the Parties Did

    by  • August 18, 2016 • copyright • 2 Comments

    I previously described a situation where unhappy licensees refused to acknowledge that there was a new licensor. Bruce Kirby, Inc. was the original licensor of the defendants’ rights to build Kirby Sailboats granted in the “Builder Agreements” and then in 2008 Bruce Kirby sold his business to Global Sailing Limited (GSL). The Builder Agreements...

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    The Contract Without End

    by  • August 16, 2016 • copyright • 6 Comments

    This case relates to some kind of intellectual property, denominated in the agreement as “copyright” and “industrial design” rights, although the true nature of the rights was not examined by the court. It’s a mess of a problem, with a “solution” that turned out not to work quite as the parties planned. I’ll set...

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