• copyright

    Answer: Yes, There Was An Assignment

    by  • February 3, 2022 • copyright • 0 Comments

    In an earlier post I asked whether a written agreement allowing the creation of a “Sequel” assigned the copyright in the original season of a telenovela, referred to as “the Series.” Caracol argued that the writing wasn’t a clear and unambiguous transfer of the rights in the Series, particularly since other parts of the...

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    Quiz: Was There An Assignment?

    by  • January 31, 2022 • copyright • 2 Comments

    Caracol Television, S.A. and Telemundo Television Studios co-created a telenovela called “El Señor de los Cielos,” referred to as “the Series.” The parties agreed that if either party wanted to create a derivative work, i.e., another season, the other would have the option to become a co-producer. Telemundo wanted to make another season of...

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    One Work or Two?

    by  • May 26, 2020 • copyright • 0 Comments

    I read the headlines about Johnson v. Nike with passing surprise, because the case was decided of on a motion to dismiss. The designs aren’t that different and what crossed my brief attention led me to think that it was a copyright infringement case about the similarity of these two designs: But it is...

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    Second and Ninth Circuits Split and Also Agree

    by  • May 18, 2020 • copyright • 1 Comment

    I have long disagreed with the Ninth Circuit on a standard that I think is unduly crabbed. I’m talking specifically about the cause of action, and therefore remedies available, when the obligations in an agreement that include a copyright license are not met. The courts are in agreement that the obligations can be put...

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    Accrual of an Authorship Claim

    by  • May 13, 2020 • copyright • 0 Comments

    Copyright ownership claims are not unusual. But what about authorship? Often the distinction doesn’t matter because, in infringement claims, the owner stands in the shoes of author. But it does matter to termination – the author (or the author’s heirs) is the only one with termination rights; a mere owner cannot exercise a termination...

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    The Implied Sublicense

    by  • March 23, 2020 • copyright • 0 Comments

    Plaintiff Photographic Illustrators Corp. (PIC) did beauty shots of lightbulbs for Osram Sylvania. The parties had a falling out and in 2006 entered into a settlement agreement. The agreement settled all past claims and set forth the terms of the parties’ future relationship. Relevant to the case, Sylvania had a broad license to use...

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