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

  1. Co-ownership in copyright
    1. Assignment rights
    2. Transfer rights
    3. Standing to sue for infringement
    4. Limitations
  2. Copyright Act and court treatment
    1. Copyright Act
    2. Second Circuit
    3. Ninth Circuit
    4. Other jurisdictions
  3. 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

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $297.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.

MP3 Download (Audio Only) $297.00
Available 24 hours after the live event

How does this work?

CD $297.00 plus $9.45 S&H
Available ten business days after the live event

Program Materials

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Program Materials

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CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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Customer Reviews

I liked the use of current court cases.

Robert Cundiff

Northwestern Memorial Hopsital

The speakers were very well informed and knowledgeable.

Geoffrey Peck

Morrison & Foerster

Very concise - provided what was needed, yet also included many examples, thoughts and ideas.

Ron Keith

Skilled Care

The information was relevant and well presented.  The questions were good, and the speakers responded with clear knowledge.

Sheila Fox Morrison

Davis Wright Tremaine

Content was superb.

Patrick Webb

Webb & Carey

Intellectual Property Law Advisory Board

Stephen R. Baird

Shareholder

Winthrop & Weinstine

Charles S. Baker

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Fulbright & Jaworski

David S. Bloch

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Winston & Strawn

Hung H. Bui

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Antonelli Terry Stout & Kraus

Ian N. Feinberg

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Mayer Brown

Anthony J. Fitzpatrick

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Duane Morris

Craig P. Opperman

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Reed Smith

David Segal

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Gibson Dunn & Crutcher

Jeffrey R. Seul

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Holland + Knight

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McDermott Will & Emery

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