• copyright

    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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    The 2d Circuit Is Part Way There on Eden Toys

    by  • August 1, 2016 • copyright • 0 Comments

    I have long complained about a defense that comes up in copyright cases, originating with the Second Circuit’s Eden Toys, Inc. v. Florelee Undergarment Co. Eden Toys involved a challenge to standing based on the timing of of an exclusive license. The case has heavily-quoted language about the challenge: In this case, in which...

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    Three Registrations, One Work: The Answer

    by  • April 29, 2016 • copyright • 2 Comments

    I previously posted about a copyright infringement suit with three registrations for the same work, brought by William L. Roberts aka Rick Ross, and Andrew Harr and Jermaine Jackson aka The Runners, alleging infringement of a musical work titled “Hustlin’.” I asked what happens on a motion for summary judgment on the questions “was...

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    Three Registrations, One Work: A Quiz

    by  • April 27, 2016 • copyright • 0 Comments

    (Explicit lyrics) We have a copyright infringement lawsuit filed by William L. Roberts, aka Rick Ross, and Andrew Harr and Jermaine Jackson, aka The Runners, alleging infringement of a musical work titled “Hustlin’.” In 2001, Roberts signed a recording agreement with Slip ‘N Slide Records (SNS), a name used interchangeably in agreements with First-N-Gold...

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