Recently, a client asked why we included a short form option agreement and a short form assignment agreement as an exhibit to a long form literary option agreement. I am sure that many a corporate transactional attorney has similarly wondered why a short form copyright assignment agreement is included within the package of numerous M&A
Copyright Law
Ninth Circuit Rejects “General Possibility” of Infringement Theory
Today’s real estate industry relies heavily on the use of websites displaying photographs of properties for sale to entice buyers. Many of the photographs on these sites are taken by professional photographers who license the use of their photos and retain the copyrights to them. In Stevens v. CoreLogic, Inc. (decided June 20, 2018),…
No More Monkey Business: The Ninth Circuit Finds Monkeys Cannot Sue for Copyright Infringement
The Ninth Circuit was recently faced with a novel issue: Does a crested macaque, or generally speaking, a monkey, have the right to sue humans, corporations, and companies for damages and injunctive relief arising from claims of copyright infringement? Unless you’re familiar with this case, you’re probably wondering what occurred to give rise to Naruto,…
The DMCA’s Safe Harbor Provision and Policing Repeat Infringers
The Ninth Circuit recently revisited the issue of the applicability of the safe harbor provision of the Digital Millenium Copyright Act (“DMCA”) in the case Ventura Content, Ltd., v. Motherless, Inc., et al. (decided March 14, 2018). The issue before the Court was whether the defendants had presented undisputed evidence that they fell within the…
U.S. District Court for the Eastern District of Texas Finds Defendants Have Not Committed Acts of Infringement Sufficient to Establish Venue
The U.S. Supreme Court’s May 22, 2017 ruling in TC Heartland v. Kraft Foods held that personal jurisdiction alone does not convey venue for patent cases under the patent venue statute. Previously, the Court of Appeals for the Federal Circuit and the United States district courts had interpreted the patent venue statute, 28 U.S.C. §1400(b),…