• Posts Tagged ‘statute of limitations’

    The Photography Suits In a Nutshell

    by  • July 8, 2014 • copyright • 1 Comment

    I’ve been writing for some time (recursive link) about numerous lawsuits between photographers, or their agencies, and textbook publishers that have used photographs in excess of what they originally licensed for their books. Mostly I’ve been writing about challenges to standing, which are early in the cases on a motion to dismiss. But some...

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    9th Circuit Agrees

    by  • November 11, 2013 • copyright • 0 Comments

    When does a claim of copyright ownership accrue for purposes of the statute of limitations? Although this is an issue of first impression in our circuit, we are guided by the Second and Sixth Circuits. Our sister circuits have held that, where the gravamen of a copyright infringement suit is ownership, and a freestanding...

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    Don’t Wait for Termination to Claim Copyright Ownership

    by  • March 26, 2013 • copyright • 1 Comment

    When we last visited Scorpio Music v. Willis, Victor Willis, one of the Village People, was successful in dismissing a suit filed by Scorpio Music, his former music publisher. Scorpio Music claimed Willis couldn’t terminate his copyright grant without his co-authors. In the decision we learned he could and the suit was dismissed, effectively terminating Willis...

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    Is the Claim Time-Barred?

    by  • February 3, 2011 • copyright

    So here are the facts: Business Resources Bureau, Inc. (BRB) was the publisher. Alan M. Schlein was the author. BRB hired Shirley Kwan, at Schlein’s request, to do 100 hours of editing. BRB told Kwan that she would “be given a credit or byline on the title page as editor on the project.” After...

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    by  • December 10, 2008 • patent

    Han Nee invented, and patented, the use of various silver alloys to be used in reflective and semi-reflective layers of CDs and DVDs. He may have done it while employed for Sony DADC US Inc. (“DADC”) and Sony, Inc. (“Sony”), a company related to DADC somehow. Nee had worked for both companies at different...

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    No Payments Should Have Been a Tip Off –

    by  • October 16, 2008 • copyright

    A quick lesson in bringing a claim for copyright ownership – there’s a three year statute of limitations from when you knew or had reason to know about the disputed ownership, and a registration that covers your work but doesn’t name you as an author, a copyright notice not listing you, and no royalty...

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