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
By Scott Cameron
The United States Government, which created the courts and a legal system to provide an avenue to seek redress for injury, is immune from suit in that system unless the Government agrees to be sued by waiving its immunity. This is commonly known as “sovereign immunity,” and allows many lawsuits to be dismissed at the pleading stage. On July 25, 2008, the U.S. Court of Appeals for the Federal Circuit issued an opinion regarding the scope of sovereign immunity as applied in a copyright infringement case.
The Federal Government has waived its immunity for suits based on its infringing the rights of copyright owners. It is a rather limited waiver, however, and allows the Government to infringe much more freely than a private party. Last week’s Federal Circuit decision, Blueport Co., LLC v. United States, shows how easy it can be for a government employee to lose his rights to work he has created.Continue Reading We’re the Government, and We’re Here to Copy – Blueport Co. v. United States
