Archive for the 'Copyright' Category

Parental Immunity From Copyright Infringement?

Thursday, October 30th, 2014

Justice Breyer writes for the Supreme Court majority that it is “perfectly lawful” for a parent to reproduce a copyrighted work if the author is the parent’s 10-year-old child.

Writing Wrong Kirtsaeng Headlines

Wednesday, October 31st, 2012

After the Supreme Court heard oral argument on the case of Kirtsaeng v. John Wiley & Sons, Inc., on October 29, 2012, many of the reports contained some inaccuracies, and some got it generally right. But who writes the wrong headlines?
Even when the story was basically correct, the headlines tended to be off base. Here […]

Copyrighted Recipe for Scrambled Eggs

Sunday, May 29th, 2011

Lawyers often say “you can’t copyright a recipe.” The myth was so persistent that I not only authored a copyrighted work (John T. Mitchell, Copyrighted Recipe for Scrambled Eggs), but obtained U.S. Copyright Reg. No. TX0007357813 to prove that the U.S. Copyright Office agrees recipes can, in fact, be copyrighted. This one is not a “mere” listing of ingredients and instructions.

Ninth Circuit Gets Used CDs Right

Tuesday, January 4th, 2011

In a case we had been watching for some time (UMG v. Augusto), the Ninth Circuit finally upheld the district court’s holding that self-serving restrictions placed on so-called “promotional” CDs could not limit the right of the owner of the CD to sell it without permission.
This was refreshing news, given that the Ninth Circuit seems […]

Strategic Plan to Combat IP Theft Falls Short

Tuesday, June 22nd, 2010

This morning, the White House released the Administration’s First Joint Strategic Plan to Combat intellectual Property Theft by Intellectual Property Enforcement Coordinator, Victoria Espinel. It falls so far short of the mark that the best news of all is that it is called the “First” such Plan.
The “Second” Plan would do well to cover […]

Certiorari granted in Costco v. Omega

Monday, April 19th, 2010

Normally, when you die, your heirs can receive your books, magazines, iPods, laptops, CDs, DVDs, photographs, sketches, automobiles, home appliances, power tools, Omega watches, shampoo bottles, paper, canvas, and any other articles in which a copyrighted work as been lawfully reproduced. Several courts, however, led by an aberration in the Ninth Circuit precedent and a […]

Lending Your Textbook, Watch or Car Illegal?

Tuesday, September 29th, 2009

In the anniversary year of the 1909 codification of the First Sale Doctrine, two cases make news, as book publishers and watch makers try to create a loophole that will give them control over their products long after they have sold them. Even lending a watch or a textbook, or giving it to charity, would require their permission, if they get their way.

Owner of Legal Software Can Sell on eBay

Wednesday, May 21st, 2008

For a long time now, owners of lawfully made copies of software have been subjected to baseless claims that software is “licensed, not sold,” and therefore the right the Copyright Act gives to owners of lawfully made copies to sell them is trumped by the license. A seller of lawfully made copies of AutoCAD software, […]

Observations on Professor Patry’s making available observations

Monday, April 7th, 2008

Excellent observations by Professor William Patry, in The Patry Copyright Blog: The recent making available cases commenting on the three recent cases ruling in one way or another on the “making available” theory of liability for infringement of the exclusive right of distribution without actually making a physical distribution. I have long advocated the plain […]

Gray Market Piracy? Come on!

Sunday, January 6th, 2008

I nearly fell out of my chair when I read CRM News: Strategy: Is Your Supply Chain Going Gray? Frustrated that the Supreme Court has made is so that “Copyright lawyers won’t save you” because the Copyright Act makes it clear that copyrights do not extend to control over re-distribution of lawfully made copies owned […]