copyright registration
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A Copyright Chicken and Egg Problem
As told in the complaint, plaintiff Gail Taylor nee Bridges started her concert photography career in high school, with some of her photographs published in a 1975 high school yearbook. By 1980, she had at least 1000 photos of the most famous artists and bands of the era. She stored the photos at her parents’… Continue reading
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Second and Ninth Circuits Split and Also Agree
I have long disagreed with the Ninth Circuit on a standard that I think is unduly crabbed. I’m talking specifically about the cause of action, and therefore remedies available, when the obligations in an agreement that include a copyright license are not met. The courts are in agreement that the obligations can be put into… Continue reading
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Illustrating Why Registration Should Not Be Required
I suggested in a recent blog post that the Copyright Act should be amended to eliminate the requirement that a copyright must be registered before one can file a copyright infringement lawsuit. My position is that the registration does nothing to aid the court in its decisionmaking and the additional step it adds to the… Continue reading
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Condition or Covenant? The Answer
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 [Scholastic’s] ongoing, high-volume …… Continue reading
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A Good Opinion for Copyright Applicants
“Rappers are skilled in poetry and rhythm—not necessarily in proper copyright registration procedures.” With that comment, the Court of Appeals for the Eleventh Circuit reverses a decision from the District Court for the Southern District of Florida that invalidated three copyright registrations for the same work and consequently dismissing the lawsuit. You can read my… Continue reading
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Copyright Registrations Confusing Things Again – Updated
I have not been shy in expressing my opinion about the copyright registration system. I’m not a fan of the requirement that one must have a registration before a lawsuit can be filed; as a result, the first stages of a copyright infringement lawsuit are collateral attacks on the registration. Cisco alleged infringement of the… Continue reading
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Three Registrations, One Work: The Answer
I previously posted about a copyright infringement suit with three registrations for the same work, brought by William L. Roberts aka Rick Ross, and Andrew Harr and Jermaine Jackson aka The Runners, alleging infringement of a musical work titled “Hustlin’.” I asked what happens on a motion for summary judgment on the questions “was the… Continue reading
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Three Registrations, One Work: A Quiz
(Explicit lyrics) We have a copyright infringement lawsuit filed by William L. Roberts, aka Rick Ross, and Andrew Harr and Jermaine Jackson, aka The Runners, alleging infringement of a musical work titled “Hustlin’.” In 2001, Roberts signed a recording agreement with Slip ‘N Slide Records (SNS), a name used interchangeably in agreements with First-N-Gold Publishing,… Continue reading
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Making an Inaccurate Claim Because It’s Cheaper
Yesterday, May 1, 2014, the Copyright Office raised most of its fees. There was one fee that didn’t go up for a subset of claimants, though, those that are for registration of “single author, same claimant, one work, not for hire.” So it’s the “not for hire” part that gives me pause. The Copyright Office’s… Continue reading
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9th Circuit Agrees with Copyright Office
There is a rash of lawsuits brought by photographic agencies against textbook publishers, claiming that the publishers underreported the number of copies of books that were published. The publishers are fighting back and there are two main grounds for attack—that the requirements for registration were not met and that the individual photographers’ assignments to the… Continue reading
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