contract
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Copyright and the Right to Scrape Data
X Corp. v. Bright Data Ltd. is being reported in the press for an odd proposition, quoting this sentence: “X Corp. wants it both ways: to keep its safe harbors yet exercise a copyright owner’s right to exclude, wresting fees from those who wish to extract and copy X users’ content.”1 Um, no, which I’ll… Continue reading
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Don’t Be Too Agreeable
Plaintiff Tegu is a toy company. It hired defendant Vestal Design Atelier LLC to develop its first toy line. Vestal created prototypes for Tegu for blocks with embedded magnets. These are the relevant provisions on ownership of the intellectual property rights in the agreement: 2.0 Ownership of Intellectual Property. 1. Ownership. Intellectual property rights of… Continue reading
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Were the Assignments Valid?
Sometimes a case sends you back to the basics. This was one of those cases for me. Copyright infringement claims against Dollar General appear to be the driving force behind a sequence of assignments of the copyrights for some toys. The relevant chain of title for the copyrights was Acquawood => Focus Brand Limited =>… Continue reading
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Contracts 101
Patent law heavily involves interpretation of language. In addition to the construction of the claims themselves, it has an almost unintelligible set of rules for distinguishing licenses from assignments and special rules for the language one must use to assign a patent. But in Fort. v. Innegra Technologies, LLC, we have a more interesting situation,… Continue reading
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Wordiness Is Your Enemy
Lawyers are wordy. Often the wordiness doesn’t matter that much, “I hereby demand that you cease and desist” instead of “you must stop now” both get the point across. But never, ever write a contract that is wordy without a good reason, because that can put you into litigation hell. Defendant 4EverYoung, Ltd., a UK… Continue reading
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Get Those Agreements Signed
Where a work is a “work made for hire” by virtue of it being specially commissioned, there must be a writing saying so signed by both parties. And it really has to be signed. On July 10, 2010 Zenova signed an agreement to create a website framework for defendant Mobile Methodology, LLC (“MML”). The agreement… Continue reading
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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
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