Are Partners’ creative efforts Works-Made-For-Hire?
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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?”
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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.
Keep it going.
A fantastic read….very literate and informative. Many thanks….what theme is this you are using and also, where is your RSS button ?
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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