• copyright

    Copyright and Egyptian Law

    by  • October 26, 2015 • copyright • 0 Comments

    Jay-Z’s win in a copyright infringement suit has been widely reported. Jay-Z obtained a license to use an Egyptian work written by Baligh Namdi called “Khosara, Khosara” in “Big Pimpin”: Namdi’s heir, Fahmy, sued Jay-Z claiming that “Big Pimpin” was an unlawful derivative work, infringing both the moral and economic rights in Khosara, Khosara....

    Read more →

    Beware UGC

    by  • October 7, 2015 • copyright • 1 Comment

    In a contest that requires a creative contribution, the contest sponsor will generally require that the participant assign the copyright in the contributed work. LittleMismatched did no differently, but it ran into some trouble because its target demographic is young girls. Mix children and contract and it gets a little trickier. The plaintiff, I.C.,...

    Read more →

    The Copyright License As a Property Right

    by  • August 3, 2015 • copyright • 1 Comment

    There are a slew of lawsuits against textbook publishers alleging use of stock photography beyond the scope of the original license (recursive link). Whether one characterizes it as massive intentional infringement, or a simple failure of the publishers to track their use and true-up on their licenses, it looks like it is a pervasive...

    Read more →

    The Year Is the Key

    by  • May 29, 2015 • copyright • 0 Comments

    I previously asked readers to “Name the Owner” of a copyrighted work. And the answer is: Urbont does not own the copyright* and the case is dismissed. The key is that the work was created in 1966, so whether the Iron Man Theme was a work for hire is decided under the Copyright Act...

    Read more →

    Name the Owner

    by  • May 26, 2015 • copyright • 2 Comments

    Below are the facts, and here’s the question—who owns the copyright? Answer in a later post. In 1966, songwriter and plaintiff Jack Urbont was aspiring. A friend introduced him to Stan Lee of Marvel Comics fame who was developing a television show called “Marvel Super Heroes.” Urbont wasn’t familiar with the Marvel superheroes, so...

    Read more →

    Assent Versus Signature

    by  • April 9, 2015 • copyright • 0 Comments

    I asked whether the below “Submit” page, used when one posts a review on Rip-Off Report (owned by defendant Xcentric), transferred an exclusive license in the submitter’s copyright: If you were to use the scrollbar on the right, you would find this grant: “By posting information or content to any public area of www.RipoffReport.com,...

    Read more →

    Was It Licensed?

    by  • April 6, 2015 • copyright • 1 Comment

    Below is a portion of the “Submit” page when one posts a review on Rip-Off Report, owned by defendant Xcentric. (Click on the image for the full page.) If you were to use the scrollbar on the right, you would find this grant: “By posting information or content to any public area of www.RipoffReport.com,...

    Read more →

    Two for One

    by  • March 12, 2015 • copyright • 1 Comment

    I like the cross-over of different legal disciplines. Ownership issues arise as part of an infringement claim, but also come up in trusts and estates, mergers and acquisitions, taxation, and bankruptcy. These cases can end in an unexpected way, sometimes happening because there is a failure to understand exactly how the various trademark, copyright...

    Read more →

    No, It Doesn’t

    by  • March 10, 2015 • copyright • 2 Comments

    I previously asked whether the below check transferred copyright ownership: It doesn’t, at least not on a motion for summary judgment. If you can’t read it, on the memo line the check says “For rights to song ‘Dos Horas De Vida.” The check was written by defendant Hacienda Records to Jose Guzman, the songwriter...

    Read more →