work made for hire
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You Have to Use a Mark to Own It
The main lesson here is be careful who you go into business with, or at least have an agreement that keeps them from backstabbing you. Defendant William Brady was the president of a company called Xponential, Inc. d/b/a EKR. EKR was a consulting firm that assisted startups with business strategy, marketing, creative services, and technology… Continue reading
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Too Late for Work-Made-For-Hire
There’s a recent decision out of the Second Circuit about an after-the-fact work-made-for-hire agreement. There is a circuit split; the Seventh and Ninth Circuits have held that a “work made for hire” agreement must be executed before the creation of the work. However, the Second Circuit held in Playboy Enterprises, Inc. v. Dumas that the… Continue reading
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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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“By Operation of Law”
I’m seeing what I believe is a misunderstanding of the statutory section describing transfer of copyright. Section 204(a) of the Copyright Act, titled “Execution of Transfers of Copyright Ownership,” says A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of… Continue reading
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Beware UGC
In a contest that requires a creative contribution, the contest sponsor will generally require that the participant assign the copyright in the contributed work. LittleMismatched did no differently, but it ran into some trouble because its target demographic is young girls. Mix children and contract and it gets a little trickier. The plaintiff, I.C., was… 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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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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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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