When “Forever” Is Not Forever

Ambiguity in a contract never favors the drafting party. This basic principle of contract law came back to bite Marvel Comics in a recent Court of Appeals Second Circuit decision, Friedrich v. Marvel, regarding copyright renewal. Gary Friedrich, Plaintiff, allegedly authored or at least co-authored a series of stories and screenplay depicting the fictional Ghost … More When “Forever” Is Not Forever

Essential Points of Web Developer Agreements

Clients of my practice usually either have a website or are planning to get one. From an intellectual property “IP” standpoint, the developer agreement is critical to ensure the right content and code necessary for your business to attract clients and customers. There are many terms to consider including project scope, testing, hosting, ownership, payment … More Essential Points of Web Developer Agreements

Right of Publicity Trumps 1st Amendment in Hart Case

In a precedential decision, the Court of Appeals, 3rd Circuit, reversed a New Jersey District Court that had granted a Summary Judgment to Defendant Electronic Arts, Inc. “EA” in a video game dispute with the Plaintiff, former Rutgers quarterback, Ryan Hart.  Hart played for Rutgers from 2002-2005 taking the Scarlet Knights to the Insight Bowl … More Right of Publicity Trumps 1st Amendment in Hart Case

Limited Copyright Assignment For Lawsuit Not Valid

According to the Court of Appeals Ninth Circuit, Plaintiff did not have standing, the legal jurisdictional requirement necessary to sue the alleged copyright infringing Defendants in the case of Righthaven LLC v. Hoehn. Plaintiff Righthaven LLC was founded, according to its charter, to identify copyright infringements on behalf of third parties, receive “limited, revocable assignments” … More Limited Copyright Assignment For Lawsuit Not Valid

Broadcasters Lose Their Copyright Infringement Appeal

Plaintiffs ABC and WNET head a list of Broadcasters who appealed from an Order of the New York Federal District Court denying their request for a preliminary injunction against Defendant Aereo, Inc. (“Aereo”) for copyright infringement claiming that its transmission of their broadcasts, while their programs are still airing, infringes upon their exclusive right to … More Broadcasters Lose Their Copyright Infringement Appeal