Premiere Episode (001): Are Partners’ creative efforts Works-Made-For-Hire?

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SHOW NOTES

In this episode:

  • SAG & AMPTP have arrived at a deal…
  • The competing  “Octomom” trademark  registrations
  • Is giving a (loaded)  iPod as a gift an act of copyright infringement? (First Sale and Fair Use) (President’s gift to Queen ElizabethII)
  • Copyright and Defamation issues in new social media… Twitter, Facebook, etc. Courtney Love being sued..  a cautionary tale for anybody who uses the Web?
    • 1st Circuit won’t review defamation ruling in Noonan vs. Staples.
  • Copyright holders taking action against content “scraping” websites.  (Hot News doctrine)
  • Fair Use, YouTube, DMCA takedowns, etc. –
    • YouTube says 37% of DMCA takedown notices are not valid copyright claims, etc.
    • Wish Upon a star” – Fox’s “Family Guy” “parody”/”satire”
  • Litigation:  “Push” lawsuits – When is a deal a deal?

Featured Topic: Ownership of partners’ and principals’ intellectual property contributions to a business in the absence of employment agreements.

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5 Responses to Premiere Episode (001): Are Partners’ creative efforts Works-Made-For-Hire?

  1. Avatar firemark
    firemark says:

    Comments are enabled. Please let us know your thoughts, comments, questions, etc.

  2. 1. Re band members’ participation as songwriters: often it is equitable to have the entity be the publisher and receive the publisher’s share of PRS royalties; have the “actual” songwriters retain the writer’s share. Of course, that only addresses PRS issues and others need to be resolved — but it’s a start.

    2. When there’s no agreement up front, and two or more people start developing a creative work, I think joint authorship is the ultimate consideration, not WMFH.

    3. Another sticky question: when two (or more) people develop a creative work; there’s no agreement, so we’re talking joint authorship; but one person takes the physical media embodying the work — what duty does that person have to make that physical media available to the other joint author(s)? I think then we end up needing to employ state law theories of fiduciary duty among joint venturers, etc.

  3. Great podcast!

    Keep it going.

  4. Avatar Entertainment News
    Entertainment News says:

    A fantastic read….very literate and informative. Many thanks….what theme is this you are using and also, where is your RSS button ?

  5. Avatar firemark
    firemark says:

    RSS button appears in the address bar of your browser, and also in the right-hand column of the page. This theme is called “Gears”