Billy-Bob Teeth
-
The 2d Circuit Is Part Way There on Eden Toys
I have long complained about a defense that comes up in copyright cases, originating with the Second Circuit’s Eden Toys, Inc. v. Florelee Undergarment Co. Eden Toys involved a challenge to standing based on the timing of of an exclusive license. The case has heavily-quoted language about the challenge: In this case, in which the […] Continue reading
-
Challenging the Sublicense to Your License
Hang in with me, we have a bit of a licensing chain to follow here. The lawsuit is about whether a Russian performer, Sergey Lazarev, had a license to record and perform the song “Almost Sorry”: The song was written by Taryn Murphy and Chris Landon. They pitched Lazarev’s manager in 2006 and we have […] Continue reading
-
Whoa, Harsh
Not necessarily wrong, but harsh. The outcome is clearly contrary to the contracting parties’ intent, and a third party, an accused infringer, reaps the benefits. Non-party Roman Martinez, Sr. was the author of two songs, Buscando Un Cariño and Morenita de Ojos Negros. On June 5, 1981, he and his band El Grupo Internacional de […] Continue reading
-
Update: “What is an ‘E-Signature’?”
I previously wrote about a case, Metropolitan Regional Information Systems, Inc. v. American Home Realty Network, Inc., involving the assignment of copyrights by uploading photographs to a website. In it, the district court held that uploading a photograph was the equivalent of signing an agreement under the E-Sign Act. I was unhappy with the decision; […] Continue reading
-
You Need a No-Contest Clause in Your Copyright Licenses
I recently wrote about a number of cases brought by photography agencies against Pearson Education, alleging that it exceeded the scope of copyright licenses. This led me to ponder the application of the licensee estoppel defense in copyright. Licensee estoppel prohibits a licensee from challenging the validity of the rights licensed. Patents have a clear […] Continue reading
-
A Tale of Two Views of a Business Venture
Sometimes you just can’t do better than the court in setting up a story: It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of […] Continue reading
-
Billy-Bob Teeth Bites Again
I recently wrote about the difference between standing in patent cases and copyright cases, and the always erudite Ron Coleman over at Likelihood of Confusion contributed on the topic. There is, in my mind, a flaw in copyright jurisprudence that essentially bars a defendant from challenging the chain of title for ownership of a copyright. […] Continue reading
-
Standing is a Lot Easier for Copyrights
I’m curious about the different legal standards that the courts apply in patent versus copyright cases when deciding whether a plaintiff who acquired the rights through transfer has standing. Patent law seems draconian, as exemplified by Abraxis Bioscience, Inc. v. Navinta, LLC. In Abraxis (blogged here and here), standing for a patent infringement suit was […] Continue reading
-
Copyright Owner, Employee, or Both?
Ashley Gasper has several hats. He is an adult film star using the stage name Jules Jordan. (Not what you think, it’s a USPTO link. Click away.) He is the president and sole shareholder of Jules Jordan Video, Inc. (innocent too – Wikipedia), the creator of the videos in which Gasper stars. He produces, […] Continue reading
About Me
Learn more about me at my website, Chestek Legal
Recent Posts
Categories
- copyright
- domain name
- moral rights
- patent
- right of publicity
- social media
- trade dress
- trade libel
- trade secret
- trademark
- Uncategorized