Copyright Law

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By Dale C. Campbell

The 2008 presidential election is just two weeks away. The candidates have discussed everything from foreign policy, the economy, the war in Iraq, washed-up homeland terrorists, and where you find the “real” America. But where do the candidates stand with respect to intellectual property protection?

 

For those of you who are interested, and the mere fact that you are continuing to read this article means that you are, a little-publicized conference sponsored by the IP section of the Colorado Bar was held in August 2008, during which two surrogates for Senator McCain and two circuits for Senator Obama discussed their respective candidates’ positions on topics of interest to the IP bar. A video presentation of the discussion can be if you search: IP Policy and the Presidential Debate Video Replay.Continue Reading PRESIDENTIAL POLITICS AND IP

By James Kachmar

 

On September 9, 2008, the Ninth Circuit issued its opinion in the case Asset Marketing Systems, Inc. v. Kevin Gagnon and clarified the law concerning implied licenses to use and modify computer software programs. In doing so, the Ninth Circuit adopted an approach previously utilized by the First and Fourth Circuits’ Court of Appeals.Continue Reading Copyrighted Computer Software and Implied Licenses to Use

By Sarra Ziari

On August 20, 2008, in Lenz v. Universal Music Corp., Judge Fogel of the United States District Court, N.D. California ruled that copyright owners must consider fair use before issuing takedown notices under the Digital Millennium Copyright Act (“DMCA”), and issued a warning against the misuse of takedown notices by overreaching copyright owners. Continue Reading https://www.theiplawblog.com/2008/09/articles/copyright-law/2842/

By  Scott Cameron

United States copyright law saves for the copyright owner the exclusive right to distribute copies of his copyrighted work. That is, of course, unless an exception applies. There are many exceptions, some of which can be confusing. Among the confusing exceptions is the First Sale Doctrine. According to the First Sale Doctrine, once a copyright owner has made an authorized sale of a copyrighted product, the copyright owner no longer has any rights to that copy of the product. The First Sale Doctrine sounds simple enough so far. Enter the Ninth Circuit.Continue Reading Are Foreign Sales “First Sales” Under Copyright Law? It Depends….

By Dale C. Campbell

A copyright holder has the right to specify the terms under which others may use his or her work. How the terms under which a third party may use a copyrighted work are described can dramatically affect the remedies available to the copyright holder when the terms are breached.Continue Reading LICENSE TERMS: CONDITIONS OR COVENANTS – WHY YOU SHOULD CARE