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Full-Text Articles in Law
Co-Authorship Between Photographers And Portrait Subjects, Molly Torsen Stech
Co-Authorship Between Photographers And Portrait Subjects, Molly Torsen Stech
Vanderbilt Journal of Entertainment & Technology Law
work with the intent of merging their contributions into inseparable or interdependent parts of a unitary whole, the authors are considered joint authors. For photographic works, judicial precedent establishes that the creative contributions necessary to support a copyright claim include the author’s choices concerning elements such as lighting, pose, garments, background, facial expression, and angle. In many visual works, however, those creative elements are determined not solely by a photographer, but also by the subject, who can sulk or smile, stand with good posture or stoop, and be situated in full light or obfuscated by shadow, among many other options. …
Cheddar, Not Swiss: A Director’S Interest In Copyright, Amanda Schwartz
Cheddar, Not Swiss: A Director’S Interest In Copyright, Amanda Schwartz
Seton Hall Circuit Review
No abstract provided.
The Enforcement Challenges For Tattoo Copyrights, Yolanda M. King
The Enforcement Challenges For Tattoo Copyrights, Yolanda M. King
Journal of Intellectual Property Law
No abstract provided.
The Player, The Video Game, And The Tattoo Artist: Who Has The Most Skin In The Game?, Jennifer L. Commander
The Player, The Video Game, And The Tattoo Artist: Who Has The Most Skin In The Game?, Jennifer L. Commander
Washington and Lee Law Review
No abstract provided.
Heavy Metal Alloys: Unsigned Rock Bands And Joint Work, Michael S. Young
Heavy Metal Alloys: Unsigned Rock Bands And Joint Work, Michael S. Young
Chicago-Kent Law Review
This note uses humorous illustrations culled from the history of popular heavy metal music to facilitate examination of the effectiveness of joint authorship analysis by modern federal courts. The note carefully considers a variety of common contributions made by band members in the absence of any written or verbal agreement about authorship, and concludes (1) that a more equitable regime would do away with the requirement that a co-author make an "independently copyrightable" contribution, and (2) that courts must take greater care not to transform "will to control" into "intent to be a sole author."
Yours, Mine, And Ours: The Joint Authorship Conundrum For Sound Recordings, Abbott M. Jones
Yours, Mine, And Ours: The Joint Authorship Conundrum For Sound Recordings, Abbott M. Jones
Vanderbilt Journal of Entertainment & Technology Law
In 2013, authors of sound recordings will have their first opportunity to exercise their right to terminate assignments made to record companies. Congress has yet to settle just who may claim authorship in, and thus the right to terminate assignments of, sound recordings. Record companies have responded to this uncertainty by including language in standard recording contracts purporting to declare sound recordings made under the contracts works made for hire, such that authorship would vest initially in the record companies themselves. If sound recordings fit within the scope of a work made for hire, these recording contracts would seal the …
Does A Copyright Coowner's Duty To Account Arise Under Federal Law?, Craig Y. Allison
Does A Copyright Coowner's Duty To Account Arise Under Federal Law?, Craig Y. Allison
Michigan Law Review
This Note discusses both the source of the accounting rule and the proper forum for applying the rule. Part I provides a general history of joint ownership and the duty to account and suggests that the number of litigants presenting joint ownership claims will probably increase. Part II discusses joint ownership case law chronologically. This Part shows that the case law is consistent with the view that the duty to account was a creation of the federal courts. Part III argues that the accounting rule is federal common law and that federal jurisdiction necessarily follows for all copyright accounting cases. …
Weissmann V. Freeman: Derivative Works By Joint Authors-Originality And Copyright Infringement In The Second Circuit, David P. Gerstman M.D.
Weissmann V. Freeman: Derivative Works By Joint Authors-Originality And Copyright Infringement In The Second Circuit, David P. Gerstman M.D.
Touro Law Review
No abstract provided.
Manifest Intent And Copyrightability: The Destiny Of Joint Authorship, Therese M. Brady
Manifest Intent And Copyrightability: The Destiny Of Joint Authorship, Therese M. Brady
Fordham Urban Law Journal
The 1976 Copyright Act defines joint ownership as requiring an "intent" by multiple authors to merge their works into a single work. Prior to 1976, two standards of determining intent existed in the case law. One was an objective standard, known as common design, and the other was a subjective standard. In part because the 1976 Act does not mention common design, subjective intent came to dominate joint authorship jurisprudence post-1976. As a result of this dominance, many authors have been deprived of their rights. Brady argues that a new standard should be set out by the courts that once …