Copyright Act of 1909
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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
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The Year Is the Key
I previously asked readers to “Name the Owner” of a copyrighted work. And the answer is: Urbont does not own the copyright* and the case is dismissed. The key is that the work was created in 1966, so whether the Iron Man Theme was a work for hire is decided under the Copyright Act of […] Continue reading
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Name the Owner
Below are the facts, and here’s the question—who owns the copyright? Answer in a later post. In 1966, songwriter and plaintiff Jack Urbont was aspiring. A friend introduced him to Stan Lee of Marvel Comics fame who was developing a television show called “Marvel Super Heroes.” Urbont wasn’t familiar with the Marvel superheroes, so Marvel […] Continue reading
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It’s 17% That’s Under Copyright
I goofed, by a count of one. I previously said that there were nine (out of sixty) Sherlock Holmes works that were still under copyright. Turns out that there are ten, or 17%. And the Conan Doyle Estate’s efforts to extend the copyright life of the Sherlock Holmes character because a small number of stories […] Continue reading
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A Work Made for Hire Agreement is Not an Assignment
By now you’ve probably heard that Gary Friedrich’s claim of ownership of the copyright in the “Ghost Rider” Marvel Comics character has been given a second life. While the district court held that his copyright was assigned to Marvel Comics, the Court of Appeals for the Second Circuit reversed. It’s a decision that keeps on […] Continue reading
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15% of Sherlock Holmes Under Copyright
Last Sunday’s New York Times published an article about copyright ownership of Sir Arthur Conan Doyle’s Sherlock Holmes character. The article is largely about the dispute between different parties who lay claim to the US copyright in the Sherlock Holmes stories. The general reaction is surprise that Sherlock Holmes can still be under copyright, but […] Continue reading
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