'Joint work' theory raises new questions on authors' rights
Article Abstract:
The decline of the work-made-for-hire defense in copyright infringement suits has been accompanied by the rise of a new defense, that of joint authorship of a copyrighted work. This concept is defined in the Copyright Act of 1976 and requires only the intention of the joint authors that their original contributions become part of a unitary whole. Joint authorship need not be attested to in a written agreement. Although the defense has not enjoyed much success in federal courts so far, it will no doubt continue to be raised especially by parties to multimedia products or other collaborations.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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Little protection for published data bases
Article Abstract:
Copyright protection for compilers and publishers of factual data bases is inadequate. The complete, published data base may enjoy copyright protection which does not apply to its individual facts. This means they can be used for a competing work as long as they are arranged differently, and the original compiler's efforts will not be compensated. Using common law claims such as unfair competition or misappropriation may be preempted by the federal copyright law. Companies may be able to protect themselves by setting limits on the rate of data transfer or licensing limitations on its use.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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Confusion reigns over wrongful registrations; owners who challenge improper filings may have no recourse
Article Abstract:
The US Copyright Office and the federal courts both lack explicit authority for cancelling completed copyright registrations at the request of a third party. The Office does not determine the basic validity of an application for a copyright, and is not authorized to resolve factual disputes. Several federal district courts have held that they have no auhority to order a copyright invalidated, though others have issued such orders without indicating a source of authority. Regulatory or legislative change is needed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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