• Posts Tagged ‘derivative work’

    One Work or Two?

    by  • May 26, 2020 • copyright • 0 Comments

    I read the headlines about Johnson v. Nike with passing surprise, because the case was decided of on a motion to dismiss. The designs aren’t that different and what crossed my brief attention led me to think that it was a copyright infringement case about the similarity of these two designs: But it is...

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    The Scope of the License

    by  • May 1, 2018 • copyright • 0 Comments

    The opinion is sparse on the facts and the law, so we have to do some interpretation. But it’s worth some thought about how the court construed the scope of an implied copyright license. Defendant Kushner wrote software for plaintiff Vickerman Co. Their relationship ended, Vickerman Co. sued Kushner (the court doesn’t say why,...

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    Copyright and Egyptian Law

    by  • October 26, 2015 • copyright • 1 Comment

    Jay-Z’s win in a copyright infringement suit has been widely reported. Jay-Z obtained a license to use an Egyptian work written by Baligh Namdi called “Khosara, Khosara” in “Big Pimpin”: Namdi’s heir, Fahmy, sued Jay-Z claiming that “Big Pimpin” was an unlawful derivative work, infringing both the moral and economic rights in Khosara, Khosara....

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    Two for One

    by  • March 12, 2015 • copyright • 1 Comment

    I like the cross-over of different legal disciplines. Ownership issues arise as part of an infringement claim, but also come up in trusts and estates, mergers and acquisitions, taxation, and bankruptcy. These cases can end in an unexpected way, sometimes happening because there is a failure to understand exactly how the various trademark, copyright...

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    Update: “What is an ‘E-Signature’?”

    by  • July 18, 2013 • copyright • 1 Comment

    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...

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    A Derivative Work Made for Hire

    by  • September 9, 2012 • copyright • 0 Comments

    Photo by davesandford, CC BY-NC 2.0 In U.S. Auto Parts Network, Inc. v. Parts Geek, LLC out of the Ninth Circuit, the court says that its decision is about a “previously unexplored intersection of the Copyright Act’s work for hire and derivative work provisions.” Perhaps so, although the analysis is fairly routine. Defendant Lucas...

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    Moral Rights versus Economic Rights

    by  • June 7, 2011 • copyright, moral rights

    Fahmy v. Jay-Z is a cautionary story about music sampling.  Not the usual one, about to what extent sampling may be a fair use or may require a license, but rather what kind of rights sampling implicates. Fahmy was the successor in interest to the copyright in the composition and music recording of an...

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    Law and the Speed of Business

    by  • June 22, 2010 • copyright

    Vergara Hermosilla v. The Coca-Cola Company demonstrates that probably the most significant role of a contract is to make sure that everyone is on the same page.  But business happens fast, so the writings aren’t always in place as fast as they should be.  Here, Coca-Cola was whacked with a preliminary injunction all because...

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    Warner/Chappell Still Happy on Birthdays

    by  • July 12, 2008 • copyright

    I’m a little late to the game, but I just got around to reading Robert Brauneis’ “Copyright and the World’s Most Popular Song,” available here, blogged here, here, and here. It’s an interesting and thorough investigation into whether “Happy Birthday” is still protected by copyright. The telling of the story covers initial ownership of...

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