Marvel Characters Inc. v. Kirby, Second Circuit, Docket No. 11-3333-cv (Aug. 8, 2013). This is an appeal from the judgment of the U.S. Dist. Ct. for the Southern District of New York granting summary judgment in favor of Marvel, et al. My analysis of the SDNY’s decision is here. The Second Circuit affirmed (in part) […]
On March 4, 2013, U.S. Register of Copyrights Maria Pallante delivered a speech at Columbia Law School on The Next Great Copyright Act. Register Pallante noted that the issue of termination of transfers was compromised or undermined by over-negotiation. “The policy [of termination] is sound, but the provisions as enacted are almost incomprehensible on their […]
Yesterday, I presented a CLE to the Entertainment and Sports Law Section of the Austin Bar Association (of which I am the vice-chair). Even though this does not directly relate to terminations of transfer, I though I would post it to the blog. Enjoy. Tech Cases and Policy Affecting Ent. Law
Here is a flow chart for Terminations of Transfers for Copyrights in Sound Recordings. The chart is designed to provide a way to work through certain questions about terminations of transfer. For example, threshold questions can knock out the eligibility for termination, such as whether the sound recording is a work made for hire, or […]
Here is an interesting story that I’ve been meaning to blog about for a while. Earlier in 2013, Sony released in Germany, France, Sweden and Britain a compilation of early Bob Dylan recordings, consisting of previously unreleased studio outtakes and live recordings from 1962 and 1963. (The release is not available to U.S. consumers, except […]
The Ray Charles Foundation v. Raenee Robinson, et al., US Dist. Ct., C.D. California (January 25, 2013). This case involves copyright termination of transfer of some of Ray Charles’ songs, such as “Blackjack,” “Come Back Baby,” “Fool for You,” “Hallelujah I Love Her So,” “I Got a Sweetie,” “I’ve Got a Woman,” “Mary Ann” and […]
2013: The first year that authors can terminate transfers under Section 203. Other pressing copyright matters are wending their way through the courts, consuming the precious time of legislators and sapping the attention of the IP news. 2013 promises to bring us developments on the first sale doctrine (Kirtsaeng v. John Wiley), Internet radio fairness […]
DC Comics v. Pacific Pictures Corp., et al, US Dist. Ct., C.D. California (October 17, 2012). Joseph Shuster was the first illustrator of the Superman comics. In 1938, Shuster (and co-creator Jerome Siegel) assigned to DC the exclusive right to the use of the Superman characters and story. Shuster passed away on July 30, 1992. […]
After termination, derivative works prepared under a transfer or license executed prior to termination may continue to be utilized. This is true of works that obtained federal copyright protection both before and after the effective date of the 1976 Act. See here (Section 203(b)(1)) and here (Section 304(c)(6)(A)). (There is no right to make a […]
terminationtimebomb 