Copyright Term Extension is Constitutional
Janet Fries and Michael J. Remington of Drinker Biddle & Reath LLP
Publishers, film producers, artists, authors, musicians and their heirs, as well as corporate owners of copyrights are applauding the recent decision that the 1998 Copyright Term Extension Act (CTEA) is a valid law.
Fair Use: Interpretation & Guidelines--The Fair Use Doctrine, Part II
Lloyd L. Rich of The Law Office of Lloyd L. Rich
This article provides publishers with examples and guidelines to help them evaluate whether a particular use of a copyrighted work will be protected by the fair use doctrine.
Year 2000 Self-Help: Two Possible Defenses To Charges Of Copyright Infringement When A Software Licensee Performs Its Own Y2K Fix
Peter J. Mooney of White and Williams LLP
Many software licensees are now investigating ways to ensure that their software does not fall victim to the Year 2000 problem.
Courtroom Conflicts Abound Over Copyrights, Trade Secrets and Patents
Thomas D. MacBlain of Gallagher & Kennedy, P.A.
The importance and diversity of issues (and even the fun) of intellectual property law are exemplified in a number .
Ninth Circuit Eliminates Difference Between Software Copyright Use and Proliferation
Ronald S. Katz of Coudert Brothers LLP
Computer program copyright holders have gained significant rights at the expense of licensees and the general public because of two recent Ninth Circuit decisions. Instead of the protections that have until now applied equally to all forms of copyrightable expression, such as books and music, computer program copyright holders now receive greater protections within the Ninth Circuit.
Copyright Infringement Risks
Roberts, David A. of Smith, Currie & Hancock LLP
A replacement general contractor and replacement architect on the renovation of a single-family residence were rece.
Why And How You Should Copyright Your Web Site
Charles S. Marion of White and Williams LLP
There are several reasons why registration of a copyright is desirable and advantageous.
What is Intellectual Property?: Copyright and the Public Domain
Judith A. Silver of Coollawyer.com
Intellectual Property is the group of legal rights in things that people create or invent. Intellectual property rights include patent, copyright, trademark and trade secret rights. In Europe and some other countries, "moral rights", which are rights of the artist not to have her work greatly altered, are also included.
Complying With Your Own Copyright?
Glenn E. Braswell of Grad, Logan & Klewans, P.C.
Associations regularly create copyrighted matters as a part of their menu of products and services. Oftentimes, how.
Inventory and Accounts Financing of Manufacturers
Jeffrey S. Turner of Brobeck Phleger & Harrison LLP
This article briefly will explore the implications of these decisions for inventory and account lenders to manufacturers, and will suggest steps that may be taken to ensure fully perfected, non-avoidable security interests in labeled inventory of a manufacturer, and its proceeds, including accounts.
Copyright Registration Procedures
Library of Congress Copyright Office O. R. Material
This page provides a list of links to procedures for filing for different kinds of copyright protection.
Credit Arrangements and Loan Syndications
Sherri L. Snelson and Brian D Murphy of McGuireWoods LLP
This article examines using copyright protection as collateral. The article lays out issues companies should look at when deciding whether or not to employ such practices.
Overview of the Technology Marketplace in 2004
Barry Reiter,Gary Solway and Paul Manias of Torys LLP
After a dismal market for Canadian and U.S. technology companies from 2001 through 2003, 2004 demonstrated an improving environment in terms of both increased revenues and stock performance. Revenues generally grew among technology companies, but growth was choppy. Certain technology sectors performed well, while others-notably the telecommunication equipment manufacturers-continued to struggle.
How and Why to Register Copyrights for Computer Programs
Douglas R. Davis of Parsons Behle & Latimer
Although a computer program is automatically copyrighted by virtue of its creation, there are a number of advantages to registering the copyright with the U.S. Copyright Office. For example, an application for copyright registration must be filed before a suit for copyright infringement may be brought. If a suit is instituted, registration is a prerequisite to recovering attorneys' fees and statutory damages.
The Basics of Copyright Law
Ann Dunn Wessberg of Faegre & Benson LLP
This article reviews some basic information about copyright law.
Judician Strategies for Resolving IP Cases Without Trial: Early Neutral Evaluation
Pillsbury Winthrop Shaw Pittman LLP
Early Neutral Evaluation, or ENE, is a new and increasingly accepted tool used by federal courts to enhance case m.
Intellectual Property In The Online World: An Ongoing Digital Dilemma
Richard S. Eisert and Gary A. Kibel of Davis & Gilbert LLP
From the very first moment when a record company learned that a song could be shared through an online file sharing service for free, or a photographer discovered that his/her photo was being distributed as a high-resolution graphic without a license or an author saw proprietary content posted on a web site without permission, the battle between content providers and technology providers has been raging.
Authors' Claims for Reverse Passing Off Under the Lanham Act after Dastar Corp. v. Twentieth Century Fox Film Corp.
Patchen M. Haggerty of Schwabe, Williamson & Wyatt
This article analyzes whether the Supreme Court intended its recent decision in Dastar Corp. v. Twentieth Century Fox Film Corp. to preclude a Reverse Passing Off claim under Section 43(a) of the Lanham Act by an author for misattribution of the protected and copyrightable elements of the author's work.
What Napster Means for Growth Companies
David R. Posteraro of Arter & Hadden LLP
Looks at the effect the Napster decision will have on other online companies.
Rock and Roll Museum Wins Injunction
Dykema Gossett PLLC
The Rock and Roll Hall of Fame and Museum, Inc. has been awarded a preliminary injunction by the Federal District C.
E-Rights: Tasini Revisited
Lloyd L. Rich of The Law Office of Lloyd L. Rich
This article discusses the increasing importance of "e-rights" in the technological workplace.
Inducing Infringement of Copyrights Act of 2004: FindLaw Interview with John Hughes and Jennifer M. Rich of Townsend and Townsend and Crew LLP
Jiminy C Twu of FindLaw M V
John Hughes is a partner at Townsend and Townsend and Crew LLP's San Francisco office. His practice focuses upon trademark and copyright law for both domestic and foreign clients. Jennifer M. Rich is an associate at Townsend and Townsend and Crew LLP's San Francisco office. Her practice includes trademark and copyright counseling, prosecution, technology licensing, and litigation. They spoke to Jim Twu at FindLaw about the recently introduced Inducing Infringement of Copyrights Act of 2004.
Protecting An Idea
Law Office of Mathew R. P. Perrone, Jr.
Depending on the type of idea a person has, there are certain types of protection that the Federal and state law.
Copyright Form Letter: Copyright of Recipes
Library of Congress Copyright Office O. R. Material
This publication explains what recipes are subject to copyright protection and the process by which a copyright can be registered.
The Infringer's Complaint: Responding To Indemnity And Contribution Claims Asserted By Federal Copyright And Trademark Infringers
Mark K. Slater and H. Young Shin of Sheppard Mullin Richter & Hampton LLP
This article provides a focused discussion on Copyright and Trademark law whereby the Federal courts do not allow new rights to be superimposed on a comprehensive statutory scheme, effectively barring indemnity and contribution claims in such cases.
The Fundamentals of Copyright Law, Publishing Contracts, and Author Representation
Charles A. Armgardt of Modrall Sperling
This article discusses one of the most important monopoly rights in society todayÃÂthe right of authors to control, for a limited time, the ability to make and sell copies of certain literary or artistic productions. It also highlights the topics an author should consider when entering a contract for the publication of a work, and finally, the representation of authors by agents and attorneys.
Hanging Copyrighted Paintings as Props in Movie Was Fair Use
Stefanie K. Longhofer of Honigman Miller Schwartz and Cohn LLP
Plaintiff, an African-American artist, sued Warner Bros. ("Warner") for copyright infringement based on the use of .
First Amendment Challenges to Copyright Laws: Kahle v. Gonzales and Golan v. Gonzales
David S. Olson* of The Federalist Society
There has been an attempt in the last few years to reverse some of the territorial creep of copyright law that has occurred in recent decades. These challenges have sought to undo copyright term extensions, increase the purview of fair use exceptions, and, in the cases discussed below, to constrict Congress's ability to expand copyright protections by use of First Amendment arguments.
Electronic Rights: Going Beyond the Grant of Rights Clause
Lloyd L. Rich of The Law Office of Lloyd L. Rich
This article examines the impact of new media technologies on the "grant of rights" clause in a publishing agreement.
Are Your Clients Prepared For A Visit from the Department Of Labor?
Pene S. Ferguson of Greenberg Peden P.C.
Last year, the United States Department of Labor ("DOL") officially began an audit of the construction industry which the department hopes will be as successful as its attack on the garment industry was.
The Saturday Night Incident
Eric J. Swetsky of Eric J. Swetsky, Barrister & Solicitor
Why a photographer lost the copyright fight over media use of his work.
Service Providers and Contracts
Judith A. Silver of Coollawyer.com
As the customer, it is common and expected that you may request a contract for the work. There is no reason to feel guilty or apologetic for making sure that things are clear and you get what you paying for.
Compaq vs. Ergonome, Brown, & Mowrey
Michael Sutton of Locke Lord Bissell & Liddell LLP
On April 1, 2002, the Court entered an Amended Final Judgment, in which Compaq (the accused copyright infringer) was awarded $2,765,026.90 in attorney's fees, the largest attorneys fees award ever in a copyright case. It was, however, far from being just a copyright case. It included other claims against Compaq, including unfair competition, misappropriation, unjust enrichment, quantum meruit and fraud, all of which were either dropped by the Defendants before trial or dismissed on summary judgment.
Protecting Intellectual Property Abroad
Margaret M. Gatti of Gatti & Associates
Intellectual property is afforded a wide range of protection mechanisms in the United States, including patents, tr.
Copyright Form Letter: Dramatic Works: Scripts, Pantomimes & Choreography
Library of Congress Copyright Office O. R. Material
This publication explains what portions of dramatic works can be copyrighted and how to register for copyright protection.
Photocopying and the Fair Use Doctrine
Diviacchi Law Office
The Copyright Act gives the owner of copyrighted material the right to control its duplication and distribution an.
Protection for Databases
Anita Thomas Anand of Buchanan Ingersoll & Rooney PC
Many businesses make a significant investment in the creation of databases. How much legal protection is available for those databases? Understanding the current level of database protection available under US law, and unraveling the implications of pend
Indivisibility and Divisibility of Copyright: Copyright Act of 1909 and 1976
Lloyd L. Rich of The Law Office of Lloyd L. Rich
This article examines the effect on a grant of rights clause by the doctrines of Indivisibility and Divisibility.
Current Copyright Issues
Whitham, Curtis, Christofferson & Cook, P.C.
A copyright protects only original works of "authorship" included in the following seven categories .
Supreme Court will Analyze Reach of Copyright Owner's Importation Right -- The Return of the Native Product
Elliott C. Alderman of The Alderman Law Office
At the moment of creation and fixation of its work, a domestic copyright owner has exclusive worldwide rights to it.
An Introduction to the .com Phenomenon
Warren E. Agin of Swiggart & Agin, LLC
The late 1990's were generally an unhappy time for bankruptcy attorneys. A strong economy and expanding financial markets greatly reduced the number of business bankruptcies filed. Chapter 11 business bankruptcy filings dropped from 13,379 cases in the year ending September 1994 to 7,953 cases during the year ending June 1999. This change coincides with an incredible expansion of the information technology (IT) industry, resulting, in large part, from the Internet's integration into U.S. society and business.
An Introduction To Copyrights
Patricia S. Rogowski of Connolly Bove Lodge & Hutz LLP
The United States Constitution grants Congress the power to protect copyrights.
Copyright Law and the Internet: Selected Statutes and Cases
Alexandra Ross of Thelen LLP
This article provides an overview of the copyright laws that apply to the inernet including the No Electronic Theft Act, The Digital Millennium Copyright Act and the Collection of Information Antipiracy Act.
Protection of Graphic Characters
Lloyd L. Rich of The Law Office of Lloyd L. Rich
This article examines the scope of legal protection afforded to graphic characters under intellectual property and unfair competition law.
Intellectual Property Protection
Richard L. Kirkpatrick and Laura C. Gustafson of Pillsbury Winthrop Shaw Pittman LLP
Term of Copyright Protection Extended by 20 Years
Bruce A. McDonald of Dykema Gossett PLLC
The term of U.S. copyright protection was extended by the Sonny Bono Copyright Term Extension Act, enacted in Octob.
Get It in Writing: Why You Need A Valid Publishing Contract
Lloyd L. Rich of The Law Office of Lloyd L. Rich
This article takes a look at the reasons for employing a publishing contract, as well as the different types of contracts that can be employed.
Eldred v. Ashcroft: Just Another Mickey Mouse Copyright Case?
David Applegate, Esq.* of The Federalist Society
Currently on the Supreme Court's docket is the case of Eldred v. Ashcroft, which challenges the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act.
Copyright Overview
Intellectual Property Law Group
Copyright protects "original works of authorship" that are fixed in a tangible form of expression.
Copyright, Copyright, Who Owns the Copyright? (And Why You Should Care)
R. Scott Keller of Warner Norcross & Judd LLP
This is a hypothetical situation designed to show the importance of careful future copyright planning.
Questions Frequently Asked In The Copyright Office Public Information Section
Library of Congress Copyright Office O. R. Material
This document contains answers to frequently asked questions about copyright protection.
Questions and Answers
First, you want to be sure that the person placing the ad owns the copyright on the advertisement.
Copyright Form Letter: Pseudonyms
Library of Congress Copyright Office O. R. Material
This publication explains how to register for a copyright under an pseudonym.
Database Protection at the Crossroads: Recent Developments and the Long Term Perspective
J. H. Reichman of Glasser Legal Works
Discusses some of the legal implications associated with the creation of databases and how database protection laws are changing on the national and international fronts.
System Operator Liability: What Have We Learned?
Eric Goldman of Cooley Godward Kronish LLP
This article focuses on some of the conclusions reached and issues remaining with respect to systems operators liability for the statements and actions of third parties.
Disguising a TV Sitcom
Eric J. Swetsky of Eric J. Swetsky, Barrister & Solicitor
Quebec TV show loses copyright fight Quebec television airs a very popular situation comedy, "La Petite Vie."
What Constitutes Authorship of a Computer Program for Purposes of Copyright?
Paul E. Nolting,Michael J. Bevilacqua,Barry J. Hurewitz,Barry J. Hurewitz and Barry J. Hurewitz of Wilmer Cutler Pickering Hale and Dorr LLP
A recent decision by the U.S. Second Circuit Court of Appeals raises the question of who is the author of a computer program when a programmer writes code under the supervision of another person to carry out that person's design to modify pre-existing software.
What's mine is mine: Impact of Copyright Law on Ownership of Design Professionals' Plans
Malcolm B. Jacobson of Powell, Trachtman, Logan, Carrle & Lombardo P.C.
”First, it seems odd, bordering on obtuse, for an architect to retain counsel wholly inexperienced in copyright mat.
Strategic Considerations In U.S. Copyright Litigation
Margaret C. McHugh and William T. Gallagher of Townsend and Townsend and Crew LLP
Copyrights can be among a company's most valuable intellectual property assets. In order to realize the benefits of these assets, a copyright owner must make intelligent choices as to how best to protect and enforce copyrights against potential infringers. And parties who are accused of copyright infringement need to know the nature and scope of defenses available to them.
The Public Domain and the Impact of New Legislation--Advantages of Copyright Registration
Lloyd L. Rich of The Law Office of Lloyd L. Rich
When a creative work has been registered with the Copyright Office, it entitles the owner of the copyright to 1) immediately proceed with a copyright infringement lawsuit if such an infringement occurs 2) receive "statutory damages" and "legal costs and attorneys? fees from a copyright infringer 3) prove conclusively the ownership and originality of the registered work.
Copyright Form Letter: Fair Use
Library of Congress Copyright Office O. R. Material
This publication explains the difference between fair use of a copyright and infringement.
Photocopying and Copyright Law
Goldsmith Law Firm
The Copyright Act gives the owner of copyrighted material the right to control its duplication and distribution .
How Much of Someone Else's Work May I Use Without Asking Permission?: The Fair Use Doctrine, Part I
Lloyd L. Rich of The Law Office of Lloyd L. Rich
This article examines the concept of fair use and the fair use exception in the Copyright Act.
Intellectual Property: Overview of Patents and Copyrights
Momkus McCluskey, LLC
Patents A patent for an invention is a grant of a property right by the Government to the inventor (or his or her .
Turning On and Turning Off: Can Merely Turning on a Computer Constitute Copyright Infringement? In the Ninth Circuit, Yes
Ronald S. Katz of Coudert Brothers LLP
Software licensees, who make up a large percentage of the population these days, would likely be quite surprised by the direction Ninth Circuit jurisprudence has taken within the last two years. The basic thrust of the Copyright Act is to prevent proliferation of copyrighted material.
Protection of Fictional Characters
Lloyd L. Rich of The Law Office of Lloyd L. Rich
This article focuses on the protection available for a "fictional" or "literary" character who is first represented by a "word portrait" and then possibly at some later date by a graphic representation.
Intellectual Property Due Diligence:A Critical Prerequisite to Capital Investment
Mary J. Hildebrand and Jacqueline Klosek of Goodwin Procter LLP
Conducting proper due diligence involves examining not only the financial information of a company but also assessing the companyÂs key assets. As general partners contemplate potential investments, the due diligence process has now assumed greater significance in the post Sarbanes-Oxley era.
Car Wars
Eric J. Swetsky of Eric J. Swetsky, Barrister & Solicitor
An interesting package design case has been decided by the courts.
How to Prevent Infringing Goods from Entering the United States
Buchanan Ingersoll & Rooney PC
Small and medium sized business owners must often decide how much time and money should be devoted to protecting t.
Issues Facing Technology Companies in Canada
Barry J. Reiter,Gary Solway and Paul L. Manias of Torys LLP
After a dismal market for Canadian and U.S. technology companies from 2001 through 2003, 2004 demonstrated an improving environment in terms of both increased revenues and stock performance.
Copyright Law
Mark F. Radcliffe and Diane Brinson of DLA Piper LLP (US)
Copyright law in the U.S. is based on the Copyright Act of 1976, a federal statute that went into effect on January 1, 1978. We'll refer to this statute throughout the book as the Copyright Act. States cannot enact their own laws to protect the same rights as the rights provided by the Copyright Act. For example, a state cannot pass a law to extend copyright protection on works in the state beyond the term of protection given by the Copyright Act. State "copyright" laws exist, but they are limited to works that cannot be protected under federal copyright law.
LLP: Owner vs. Architect: Who Owns the Design?
Mary Cullen Yeager and Katherine A. Golden of Faegre & Benson LLP
Both the copyright laws and the AIA Owner-Architect Agreement, B141-1997, provide significant protections to the author of an architectural work. Owners would be wise to negotiate alternative language that provides for the transfer of ownership of the documents and the copyright to the owner, or at least expands upon the license for use provided for in the contract.
The Public Domain and the Impact of New Legislation
Lloyd L. Rich of The Law Office of Lloyd L. Rich
This article examines the ramifications of the Sony Bono Copyright Term Extension Act and GATT on works in the public domain.
Copyright Basics
Library of Congress Copyright Office O. R. Material
This guide answers frequently asked questions about copyright protection including what a copyright is, who can claim copyright protection and what works are protected.
City Attorney Owns Any Copyright in Computer Program
Stefanie K. Longhofer of Honigman Miller Schwartz and Cohn LLP
Plaintiff, an attorney in the Law Department of the City of Detroit (City), sued the City for infringement of his c.