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Tag Archives: copyright

Copyright Preemption and Its Interplay with Trade Secret Misappropriation

Posted in Copyright Law, Trade Secrets

By: James Kachmar A recent decision in the case Jobscience, Inc. v. CVPartners, Inc. (N.D. Cal. Jan. 9, 2014) shows the interplay between the various theories of intellectual property claims. There, the plaintiff asserted claims for both copyright infringement and trade secret misappropriation arising out of the alleged theft of its software code. The court… Continue Reading

Ninth Circuit: Watch Out for Statute of Limitations for Copyright Infringement

Posted in Copyright Law

 By: Audrey A. Millemann              In Seven Arts Filmed Entertainment, Ltd. v. Content Media Corp. PLC, 2013 US App. LEXIS 22517 (9th Cir., November 6, 2013), the Ninth Circuit Court of Appeals decided an issue of first impression in this circuit: whether a claim of copyright infringement based on disputed ownership would be time-barred… Continue Reading

Copyrighter in the Rye – J.D. Salinger Stops Publication of Alleged Sequel To Famous Work

Posted in Copyright Law

by Zachary J. Wadlé J.D. Salinger, author of the seminal teen angst novel “The Catcher in the Rye,” recently filed a lawsuit in United States District Court in Manhattan for copyright infringement against the author of a purported “sequel” to Salinger’s classic work entitled “60 Years Later: Coming Through the Rye.” Salinger’s lawsuit sought a permanent… Continue Reading

Does an Anti-Plagiarism Service Violate Students’ Copyrights?

Posted in Copyright Law

by Jeff Pietsch In April 2009, the Fourth Circuit upheld a summary judgment granted in favor of an online technology system designed to prevent plagiarism in a copyright infringement action. (A.V. v. iParadigms, L.L.C., (4th Cir. Apr. 16, 2009)). The plaintiffs, four high school students who were required to use the system by their schools, sued iParadigms’… Continue Reading

Not Just For Promotional Use

Posted in Copyright Law

By Scott Hervey  Have you ever been into a used record store (remember those) and picked up a used CD that had the following language either on the CD case or on the CD itself: FOR PROMOTIONAL USE ONLY This CD is the property of the record company and is licensed to the intended recipient… Continue Reading

“Transformative” or Not?

Posted in Copyright Law

by Zachary Wadlé  Recent news reports tell of an impending legal battle between the artist of the painting at left and the Associated Press who owns the photograph upon which the painting was based. The legal battle will determine whether the ubiquitous painting of the 44th President is an original piece of artwork, or one that improperly… Continue Reading

Intellectual Property Basics

Posted in Copyright Law, Patent Law, Trademark Law

By Audrey A. Millemann The beginning of the year is a good time to review your clients’ intellectual property needs. The first and most important thing to do is to determine what intellectual property the client has. Once the intellectual property has been identified, the means of protecting it can be analyzed and a plan for establishing… Continue Reading

Superman and a Super Copyright Battle

Posted in Copyright Law

By Scott M. Hervey On March 26, 2008, the District Court for the Central District of California issued an order closing one chapter to a long running battle between the heirs of one of the original creators of the iconic comic book superhero, Superman, and DC Comics. The court’s order addressed the heirs’ attempt to exercise… Continue Reading