work made for hire
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Yankees Sued Over Ownership of Logo
There’s an interesting, albeit quixotic, complaint against the Yankees over the ownership of its “top hat” logo: Plaintiff Tanit Buday claims that her uncle, Kenneth Timur, designed the logo for the Yankees in 1936 but was not compensated for the design. In 1947 he modified the logo design in preparation for the 50-year anniversary of… Continue reading
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Do-Over on the Writing Requirement
Such a short decision, and so many things to think about. We last visited Vergara Hermosilla v. The Coca-Cola Company after a motion for preliminary injunction had been granted in Vergara’s favor. Vergara did a Spanish translation of lyrics for a video for Coca-Cola, but there was a misunderstanding and/or screw up which meant that… Continue reading
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Copyright Owner, Employee, or Both?
Ashley Gasper has several hats. He is an adult film star using the stage name Jules Jordan. (Not what you think, it’s a USPTO link. Click away.) He is the president and sole shareholder of Jules Jordan Video, Inc. (innocent too – Wikipedia), the creator of the videos in which Gasper stars. He produces,… Continue reading
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Most Excellent Conference
Yesterday there was a conference devoted to my favorite topic, Ownership and Control of IP Rights. What a shame it was on a different continent so I couldn’t attend. Luckily, the IPKat summarizes it here, here and here. This work is licensed under a Creative Commons Attribution-No Derivative Works 3.0 United States License. Continue reading
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Cut Your Losses
The Exclusive Rights blog reports on a case from the Supreme Court of Indiana, where one company hired another to design and host its web site. An often-told story; the hiring company stopped paying the bills and the designing company shut down the web site, then sued on the bill. In response, the defendant counterclaimed… Continue reading
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Dilbert on Company Time
Dilbert has been running a series for all of you who aspire to be you own boss but on company time, a lesson that Carter Bryant has learned. Sorry about the formatting, but click on the strip to see the full image: © 2009 Pamela Chestek Continue reading
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Works Are Never Made for Hire
Malibu Textiles, Inc. v. Carol Anderson, Inc. is a good demonstration of the confusion that, almost 20 years after CCNV, still surrounds whether a work is a “work made for hire.” In Malibu, designs for lace were created by an independent party but Malibu filed copyright applications for the lace designs listing ownership as works… Continue reading
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Ownership of Music in Snow White
The Los Angeles Intellectual Property Trademark Attorney Blog reports here that there is an ownership dispute over the music in a 1987 live-action version of Snow White. The blog reports: MGM asserts that defendant, Arik Rudich, is an individual now residing in Israel, who composed certain music and/or songs included in the picture, which picture… Continue reading
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