Are Partners’ creative efforts Works-Made-For-Hire?

podcast-logo CLE CREDIT


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.

5 Replies to “Are Partners’ creative efforts Works-Made-For-Hire?”

  1. Elizabeth Russell

    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.

  2. Entertainment News

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

  3. firemark

    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”

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