Co-Ownership in Copyright: Protecting IP Rights
Avoiding Co-Ownership Pitfalls After Influential 2d and 9th Circuit Decisions
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Tuesday, June 9, 2009
Recorded event now available
This seminar will examine co-ownership of copyright, discuss the impact of recent federal appellate court decisions, and offer best practices to protect ownership rights.
Description
Recent Federal Circuit decisions are turning copyright co-ownership on its head. The Second Circuit in Davis v. Blige, cert. denied (U.S. Oct. 6, 2008) potentially undermines fundamental co-ownership of copyright principles and bans retroactive licenses and agreements.
In Sybersound Records v. UAV Corp., the Ninth Circuit held the transfer of an interest in a divisible copyright from a co-owner, without a like transfer from the other co-owners, is not an assignment or exclusive license that gives a co-ownership interest to the transferee.
Copyright co-ownership includes collaboration on written work, music or software — or selling rights to two or more people. The question remains: can one musician license a co-written song for use in a film or just one of a product's programmers sell an application to a software maker?
Listen as our authoritative panel of IP attorneys examines the principles and practices of copyright co-ownership and the potential impact of recent decisions in the federal circuit courts. The panel will offer their perspectives on best practices to protect such ownership rights.
Outline
- Co-ownership in copyright
- Assignment rights
- Transfer rights
- Standing to sue for infringement
- Limitations
- Copyright Act and court treatment
- Copyright Act
- Second Circuit
- Ninth Circuit
- Other jurisdictions
- Best practices
Benefits
The panel will review these and other key questions:
- What impact could the Second Circuit's ruling have on the copyright landscape?
- What happens when a subdivided interest in a copyright is itself co-owned?
- What rights do each co-owner have in the copyright?
- What steps should counsel and copyright owners take to protect the copyright interest?
Faculty
David E. Weslow,
Counsel
Sutherland, Washington, D.C.
He focuses his practice on litigation, prosecution, counseling and licensing of trademarks, copyrights and domain names, as well as related intellectual property and new media matters. He provides trademark, copyright, and right of publicity opinions and prepares website terms and conditions, privacy policies and Digital Millennium Copyright Act policies.
Paul C. Jorgensen,
Principal
Jorgensen Law Firm, Washington, D.C.
He has successfully prosecuted many U.S. and international trademark, copyright, domain name applications, and has designed and negotiated hundreds of successful contracts and licenses. He counsels clients on domestic and international trademark, copyright, trade name, trade secret and domain name matters, and has designed and negotiated hundreds of successful contracts and licenses
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
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Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
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Customer Reviews
A focused presentation offering practical information in a concise format.
Una Kang
Saiber
All the speakers seemed extremely knowledgeable on the subject matter. Overall a very good seminar.
Stephan R. Silen
American AgCredit
The teleconference was efficient with a well-focused agenda. The speakers really seem to know the material and communicated it clearly.
Owen Hughes
Pfizer
Good handouts and up to date references.
Andrew Davis
Lieben Whitted Houghton Slowiaczek & Cavanagh
We were given simple and clear answers to complex questions, lots to work with.
Patrick R. Kelly
Glenn, Feldmann, Darby & Goodlatte
Intellectual Property Law Advisory Board
Shareholder
Winthrop & Weinstine
Partner
Fulbright & Jaworski
Partner
Winston & Strawn
Partner
Antonelli Terry Stout & Kraus
Partner
Stroock & Stroock & Lavan
Partner
Mayer Brown
Partner
Duane Morris
Partner
Reed Smith
Partner
Gibson Dunn & Crutcher
Partner
Holland + Knight
Partner
McDermott Will & Emery
Partner
Orrick
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