Monthly Archive: February 2007

WB Music Corp v. RTV Communications Group, Inc. 445 F.3d 538 (2d Cir. 2006) In 7 separate CD products, RTV copied and distributed unauthorized copies of WB Music’s copyrights in 13 musical works. The trial court held that the infringement was willful and granted statutory damages for 7 infringments. On appeal, the Second Circuit reversed …

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Roberts v. Keith 79 USPQ 2d 1368 (SDNY 2006) This is a case of disclosure; biding one’s time; and that biding being seen as a fraud that tolled the three year statute of limitations. Roberts wrote songs in 1976 and 1977 and showed them to Keith who stated that he had no interest in those …

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Gilpin v. Siebert 419 F. Supp 2d 1288 (D. Or. 2006) Bernadine Gilpin was an employee of the Portland Community College as a counselor. With another college employee, Al Gilpin, she co-authored a book, “College Survival and Success”. In a copyright infringement action between the two authors, summary judgement was denied because there was insufficient …

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Permanent link to this article: http://cobaltlaw.com/the-adult-students-guide-to-copyright-ownership/

Pritchett v. Pound No. 05-41445 December 18, 2006 (5th Cir) Pound was an employee of Pritchett; and his employment agreement/ job description included that he would be“completing regular written assignments and the development of new products and procedures;” and that “[s]hould the Employee produce any written materials in the course of his work with the …

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Permanent link to this article: http://cobaltlaw.com/checking-the-wrong-box-not-of-consequence/

Faessler v. United States Playing Card Co 1:05-cv-00581; U.S. District Court for the Southern District of Ohio Michael Faessler was a cadet at the United States Military Academy when he composed a playing card set modeled on the military ranking system (lowest rank correlates to lowest card and so on). Faeseller registered his set with …

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Permanent link to this article: http://cobaltlaw.com/copyright-is-in-the-cards/

Roger Miller Music, Inc. v. Sony/ATV Publishing 2007 WL 443048 In what is becoming a normative complicated and attenuated set of facts for a renewal case, this case involves whether the renewal of Roger Miller’s 1958 – 1964 music was timely. Mary Miller, the widow of Roger, sued Sony for copyright infringement asserting that the …

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Permanent link to this article: http://cobaltlaw.com/more-labyrinthian-renewal-issues/

Tenn. Walking Horse v. Nat’l. Walking Horse 2007 WL 325774 (M.D. Tenn. Jan. 31, 2007) Out of Tennessee, we learn that facts about horses that are selected, arranged and organized in a registry are copyrightable. Here are the facts: The Tennessee Walking Horses Breeders Association of America (TW) has been keeping a registry since 1935 …

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Permanent link to this article: http://cobaltlaw.com/no-horsing-around-with-the-facts/

Or at least you should be. On February 2, 2007, Cheryl Bentley sued Donald Trump and the creators of the NBC television series The Apprentice for allegedly creating an illegal lottery in the state of Georgia. The “Get Rich With Trump” sweepstakes is a watch-and-win promotion where entrants watch the television show and, at the …

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