• The Scope of the License

    by  • May 1, 2018 • 0 Comments

    The opinion is sparse on the facts and the law, so we have to do some interpretation. But it’s worth some thought about how the court construed the scope of an implied copyright license. Defendant Kushner wrote software for plaintiff Vickerman Co. Their relationship ended, Vickerman Co. sued Kushner (the court doesn’t say why,...

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    Get the Agreement Signed

    by  • April 30, 2018 • 0 Comments

    This is a remarkable story. It’s a counter-intuitive result, not wrong, but so surprising. I present: THE VILLAGE PEOPLE!! (Go ahead, full screen. You know you want to.) There is no dispute that the plaintiff in this case, Can’t Stop Productions, Inc., created the Village People. The front man in the video, the police...

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    Condition or Covenant? The Answer

    by  • April 12, 2018 • 2 Comments

    I posed the question whether an overrun in a book printing was a breach of the copyright license granted for the use of photos in the book or just a breach of a covenant of the agreement. The court described the issue this way: According to Scholastic, “Corbis did not treat ongoing, high-volume...

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    Condition or Covenant? A Quiz

    by  • April 9, 2018 • 1 Comment

    When parties enter into an agreement that includes a copyright license, and there is thereafter a failure to comply with one of the terms in the agreement, a court will have to decide whether it is a failure to meet a condition precedent to the license, in which case the accused use is not...

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    “Not So Fast” Coda

    by  • March 26, 2018 • 0 Comments

    I generally write about intangible property, but I hope you’ll forgive me if I write about one piece of tangible property. Many years ago I wrote about a lawsuit over ownership of the intellectual property rights in the car “Eleanor” from the movie “Gone in 60 Seconds” and in “Remake Eleanor” from the 2000...

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    Mutual Defensive Collateral Estoppel Too

    by  • March 21, 2018 • 0 Comments

    I have written once before about the disputing members of the band RATT. I’ll remind you again about who they are, mostly because this video makes me smile every time I watch it: WBS, Inc. claims to be the successor-in-interest to the trademark RATT, by assignment from the predecessor partnership that consisted of the...

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    Redbox Wins (for now)

    by  • February 26, 2018 • 0 Comments

    The decision in Disney Enterprises, Inc. v. Redbox Automated Retail, LLC was, to me, unexpected. Who would have thought that Redbox would win a case about selling codes for digital download of Disney movies? The way Disney elected to distribute the codes was key to the outcome, so I don’t know how much ripple...

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    The Second Circuit on Assigning the Right to Sue

    by  • February 19, 2018 • 1 Comment

    I’ve written in the past (recursive link) about the phenomenon of copyright infringement lawsuits brought by photographers or their agents against textbook publishers. The textbook publishers allegedly exceed the license they had for the use of stock photos, either by exceeding the number of print copies authorized or using the works outside of the...

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    A Wasting Asset

    by  • February 14, 2018 • 0 Comments

    The U.S. Department of Agriculture (“USDA”) oversees multiple federal programs established by Congress to promote certain agricultural commodities. These programs are funded by “checkoffs” — mandatory assessments that producers and importers pay on the sale or import of the commodity. The assessments are used to pay for a range of activities, including research and...

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