copyright
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You Really Need It Signed
If you snoozed through biz org class in law school thinking that you weren’t going to be a transactional lawyer, perhaps you better go back and brush up on the law of agency. That’s what snagged Universal Music Group and its related company, UMG Recordings. That, and the pressure to get the deal done. Artists… Continue reading
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A Successful Termination of Copyright
The first decision on a termination of a copyright grant under Section 203 of the Copyright Act is out of the gate. It’s a bit of a no-brainer though; in fact, the case was decided on a motion to dismiss. Victor Willis was one of the “Village People,” but more importantly he was one of… Continue reading
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There Aren’t Regular Work Hours Anymore
I haven’t seen a lot of material to blog about, so I’ve resorted to writing about a fairly ho-hum case, albeit a court of appeals decision, albeit an unpublished one. Unless you have a compulsion to read all work-made-for-hire decisions, or at least those involving software development, you can probably just move on. I think… Continue reading
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I Don’t See This Going Very Far
Ray Charles was either an employee and wrote and performed music in the scope of his employment, or exercised his termination right to his songs in 1980 in settlement of a suit against his publisher, or alternatively the settlement was an assignment of the songs. Shortly before his death in 2004, he granted his 12… Continue reading
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The Danger of Overreaching
drawing and specimen for plaintiff’s trade dress registration Plaintiff Lauren Brenner started Pure Power Boot Camp, a military-style exercise facility. She hired the defendants and they decided to start a competing business called Warrior Fitness Boot Camp. The defendants behaved despicably; while still her employees they had one’s client/girlfriend promote Warrior Fitness to Pure Power… Continue reading
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The Yankees Still Own Their Logo
Last April there was an interesting complaint filed (blogged here) by a woman who claimed that her uncle, Kenneth Timur, now deceased, had designed the New York Yankees logo in 1936 but hadn’t been compensated for it. The plaintiff’s proof of authorship was the fact that her uncle, when he revised the logo in 1952,… Continue reading
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Sybersound Records Takes Some Hits
Sybersound Records, Inc. v. UAV Corp. is a 2008 Ninth Circuit decision on joint copyright ownership that wasn’t well-received by either Nimmer on Copyright or Patry on Copyright. In Sybersound, the court held that the transfer of an interest by one joint owner of a copyright could only be a non-exclusive license, not an assignment… Continue reading
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Giving An Idea to Your Employer
If an employee has a pre-existing idea that he or she brings to the employer, who owns it? At first blush it seems pretty easy, that the employee would own it. What, though, if the employer puts time, effort and money into developing the idea, then what? This is the situation in Woodfords Family Services,… Continue reading
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Bratz Copied, But Didn’t Infringe
Awhile back I reported on a new infringement lawsuit involving the Bratz dolls, this time a claim by a photographer that the dolls infringed an ad the photographer created for apparel and footwear company Steve Madden: Carter Bryant, the designer of the Bratz dolls, gave the ad to the sculptor who created the first “sculpt”… Continue reading
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