• copyright

    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 Briefly, the widow of an author of an unpublished biography of one of the band members, Tommy DeVito, claimed infringement of the book.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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    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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