• Posts Tagged ‘breach of fiduciary duty’

    “By Operation of Law” Addendum

    by  • December 14, 2015 • copyright • 0 Comments

    I recently chided a court for not recognizing that one of the parties was claiming ownership of copyright “by operation of law,” specifically “under the operation of California law … governing partnerships, promoters, agents, fiduciaries and cofounders, not as a question of employment, work for hire … or joint work.” The court never reached...

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    “By Operation of Law”

    by  • December 3, 2015 • copyright • 4 Comments

    I’m seeing what I believe is a misunderstanding of the statutory section describing transfer of copyright. Section 204(a) of the Copyright Act, titled “Execution of Transfers of Copyright Ownership,” says A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum...

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    The Danger of Overreaching

    by  • March 11, 2012 • copyright, patent, trade dress, trademark

    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...

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    Giving An Idea to Your Employer

    by  • December 23, 2011 • copyright

    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...

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