• Posts Tagged ‘work made for hire’

    The Bankruptcy Court Still Has to Approve It

    by  • April 10, 2013 • copyright • 0 Comments

    Here’s a bankruptcy practice tip—you can’t just go signing documents when your company is in bankruptcy. Defendant Deep claimed to own the copyright in the “Aimster” software of yore. He accused plaintiff XAC, LLC, a subsidiary of Xerox, of copyright infringement. Deep had three different theories for why he owned the copyright in the...

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    When a Logo Has Two Owners

    by  • March 20, 2013 • copyright, trademark • 0 Comments

    The last two posts were about a case, DeliverMed Holdings, LLC v. Schaltenbrand, involving ownership of a logo. In the first post, it turned out that the copyright in the logo was still owned by the designer, not the company using the logo. @WatermarkIAM tweeted a caution: “You must make sure #copyright ownership is...

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    It’s Not Really a “Work Made for Hire”

    by  • January 10, 2013 • copyright • 1 Comment

    One of the most misunderstood aspects of copyright law is work-made-for-hire.  The lay understanding is that a work created at the request of another in exchange for payment is a “work for hire.” That’s not true, as explained by the Supreme Court in 1989 in Community for Creative Non-Violence v. Reid, but nevertheless it...

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    The Cold War and the Copyright Act

    by  • December 5, 2012 • copyright • 0 Comments

    There’s a fascinating bit of cold war history in the Copyright Act – who knew? The story is told in Hendricks & Lewis, PLLC v. George Clinton. George Clinton, of Parliament and Funkadelic fame, owes the law firm Hendricks & Lewis a lot of money. The firm obtained two judgments against Clinton and sought...

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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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    There Aren’t Regular Work Hours Anymore

    by  • April 29, 2012 • copyright

    I haven’t seen a lot of material to blog about, so I’ve resorted to writing about a fairly ho-hum case, albeit a court of appeals decision, albeit an unpublished one. Unless you have a compulsion to read all work-made-for-hire decisions, or at least those involving software development, you can probably just move on. I...

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    The Yankees Still Own Their Logo

    by  • January 31, 2012 • copyright, trademark

    Last April there was an interesting complaint filed (blogged here) by a woman who claimed that her uncle, Kenneth Timur, now deceased, had designed the New York Yankees logo in 1936 but hadn’t been compensated for it. The plaintiff’s proof of authorship was the fact that her uncle, when he revised the logo in...

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    11th Circuit Affirms Email Exchange as Contract

    by  • November 13, 2011 • copyright

    You may recall a dispute between an individual named Rafael Vergara Hermosilla and Coca-Cola about the ownership of Spanish lyrics Vergara wrote that Coca-Cola used in its World Cup advertising.  First, Vergara filed a motion for a preliminary injunction and Coca-Cola was ordered to provide credit to Vergara. The 11th Circuit affirmed. However, on...

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