copyright
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Terminating the Copyright in a Trademark
The Copyright Act gives a great deal of power to the original creators of works. For works created after 1977, the original author of a work can terminate any grant of rights roughly between 35 and 40 years after the date of the grant and provided that at least two years’ notice of the termination… Continue reading
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One Work or Two?
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 really… Continue reading
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Second and Ninth Circuits Split and Also Agree
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 into… Continue reading
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Don’t Sue a High School Choir for Copyright Infringement in the Ninth Circuit
Burbank High School has show choirs, which are choirs that combine choral singing with some choreographed steps. If you watched the TV show Glee you’ve seen it; in fact the court says that Burbank High School inspired the TV show. Brett Carroll is the vocal music director at the school and the Burbank show choirs… Continue reading
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The Implied Sublicense
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 PIC… Continue reading
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This Is Why You Don’t Call It “Intellectual Property”
Oh, just ugh. This is in a software development agreement: 14. INTELLECTUAL PROPERTY The Parties agree that no new Intellectual Property will be created under this agreement. That’s sort of like agreeing in a contract that the sun won’t rise. The sun is going to rise, so what happens then? Plaintiff Decisionq hired defendant GigaM… Continue reading
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Too Late for Work-Made-For-Hire
There’s a recent decision out of the Second Circuit about an after-the-fact work-made-for-hire agreement. There is a circuit split; the Seventh and Ninth Circuits have held that a “work made for hire” agreement must be executed before the creation of the work. However, the Second Circuit held in Playboy Enterprises, Inc. v. Dumas that the… Continue reading
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