• copyright

    Termination of a Public License

    by  • January 17, 2018 • copyright • 0 Comments

    I’ve been thinking lately about the concept of a “license.” This is a typical statement of what it is: license is not a contract; rather, a license is “permission to use a copyrighted work in a particular specified manner …” Saxelbye Architects, Inc. v. First Citizens Bank & Tr. Co., 1997 U.S. App....

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    In the Category of Unusual “Writings”

    by  • January 4, 2018 • copyright • 1 Comment

    I don’t expect to ever see something that trumps the pawn ticket as a writing documenting a transfer (or attempted transfer) of rights. But, in the copyright realm we have a contender – an Annual Report. It’s embedded below: It says “2003 represents the first 10 months in the life of Storix as a...

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    A Good Opinion for Copyright Applicants

    by  • January 2, 2018 • copyright • 0 Comments

    “Rappers are skilled in poetry and rhythm—not necessarily in proper copyright registration procedures.” With that comment, the Court of Appeals for the Eleventh Circuit reverses a decision from the District Court for the Southern District of Florida that invalidated three copyright registrations for the same work and consequently dismissing the lawsuit. You can read...

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    Never Trust Your Client

    by  • October 30, 2017 • copyright • 0 Comments

    If you are registering for or filing something in your client’s name, never take their word on the details of the legal entity. First off, many times your client won’t know the state of incorporation, thinking it’s the state in which they are doing business rather than Delware, or vice versa. Or, as was...

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    Not What Copyright Is For

    by  • October 16, 2017 • copyright • 0 Comments

    I previously wrote about a puzzling case, Small Justice LLC v. Xcentric Ventures L.L.C., with the defendant better know as Ripoff Report. The First Circuit has now grappled with it, although based on a revised district court opinion amended with a highly consequential footnote. To distill it down as much as possible, a lawyer,...

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    The EULA Working Against You

    by  • June 12, 2017 • copyright • 2 Comments

    GC2 Inc. v. Int’l Game Tech, PLC is a fairly unexciting copyright ownership case. The main argument involves construction of an ambiguous contract. (What other kinds are there?) GC2 provided “video graphics and artwork” for IGT’s gaming machines and conversion kits. The agreement had a license grant and it defined certain devices and fields...

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    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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