Pamela Chestek
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9th Circuit Agrees with Copyright Office
There is a rash of lawsuits brought by photographic agencies against textbook publishers, claiming that the publishers underreported the number of copies of books that were published. The publishers are fighting back and there are two main grounds for attack—that the requirements for registration were not met and that the individual photographers’ assignments to the… Continue reading
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Words Matter
“You keep using that word. I do not think it means what you think it means.” William Goldman, The Princess Bride (1973). I’m starting a new category of posts, about agreements where their wording, upon examination by a court, didn’t manage to do what the parties probably had set out to do. First up we… Continue reading
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It’s Not That Hard
It’s not a hard concept—to bring a copyright infringement lawsuit you have to own a copyright. Nevertheless, getting that right seems to be a challenge sometimes. Today’s version of the challenge is ownership of the copyrights for works created by Earl Vernon Biss, Jr., who died in 1998 – here is his biography on one… Continue reading
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How Not to Manage a Brand
I’m very interested in C.F.M. Distributing Co. v. Costantine, a case about a failed franchise and a son’s effort to revive it. The effort failed because there were so many former uncontrolled licensees that the Trademark Trial and Appeal Board held (as affirmed by the Federal Circuit) that the applicant was not the owner of… Continue reading
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You Be the Judge
Here’s a document—does it transfer copyright ownership? The court held on a motion for summary judgment that it was a question for the finder of fact. The same judge, in a bench trial, has now decided. Which way did it go? Add comments below. Updated 19 Feb. 14: Follow up post here. The text of… Continue reading
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That’s How You Write It
It’s always tricky to sell a business that uses your personal name. Probably a lot of the value of the acquisition is tied to the name — imagine selling Martha Stewart Living Omnipedia without getting full rights to the name “Martha Stewart.” But the person selling the name has made his or her living in… Continue reading
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One Cannot Put a Would-Be Franchise Back Together
I was all stoked because one of the most complicated trademark ownership cases I’ve ever seen, C.F.M. Distributing Co. v. Costantine, was appealed to the Federal Circuit. Super! Clarification from a Court of Appeals on trademark ownership! Sigh. Affirmed under Rule 36 without an opinion. Oral argument here. The text of this work is licensed… Continue reading
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Get Those Agreements Signed
Where a work is a “work made for hire” by virtue of it being specially commissioned, there must be a writing saying so signed by both parties. And it really has to be signed. On July 10, 2010 Zenova signed an agreement to create a website framework for defendant Mobile Methodology, LLC (“MML”). The agreement… Continue reading
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