Copyright Termination of Transfer

Copyright Law has changed in both scope and length of copyright provisions. It originally was 14 years with a possibilities of a renewal of 14 years. It changed to be 28 years for initial term and then another 28 year renewal term. Congress then added 19 years and then another 20, eventually creating a system of dual term copyrights. Today we have a unitary term system based for most works on the life of the author plus 70 years. That dual term system is actually related to one of the types of termination rights that are currently in the Copyright Act. Damien Allen and Lydia Loren discuss the challenges and the provisions of Copyright Transfer Terminations on today's program.

• The Copyright Act gives authors and their families certain rights to terminate agreements

• Section 203 Termination Rights of the Copyright Act, in Title 17 of the United States Code are for agreements entered into after the 1976 Copyright Act, effective January 1, 1978. For 203 terminations, you can terminate an agreement entered into by an author 35 years after the date of the agreement.

• Section 304 terminations relate to the lengthening of copyright terms of agreements that were entered into before the effective date of the 1976 Act

Play: Copyright Termination of Transfer
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With: Lydia Loren

Sponsored by: Traverse Copyright Law

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Announcer: Welcome to Copyright Law Radio, sponsored by Traverse Copyright Law, internet lawyers specializing in copyright infringement, copyright licensing, and copyright registration. Now here’s your host, Damien Allen. 

Damien Allen: Good afternoon, and welcome to Copyright Law Radio. My name is Damien Allen, and joining me today on the phone is Lydia Palace Loren of Lewis & Clark Law School in Portland, Oregon. Good afternoon, Lydia. Welcome to the program.

Federal Proposal for Unifying Anti-Slapp Laws

The Citizen Participation Act of 2009 introduces a law that’s designed to end intimidation and harassment lawsuits at a very early stage by those who have brought it in effort to quell public discourse by intimidation through lawsuits at the Federal level for the very first time.

• Proposed Federal law would essentially be the law of the land that could be utilized in all 50 states to prevent these intimidation lawsuits from occurring.

• Strategic lawsuits against public participation frustrates free speech

• Only half the states have enacted anti-SLAPP laws and this federal law would essentially put in place an anti-SLAPP law that would be the law of the land that could be utilized in all 50 states.

Attorney Mark Clark discusses the new Federal proposal on today's program.

Play: Federal Anti-SLAPP Law Proposed
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With: Mark Clark

Sponsored by: Traverse Legal, PLC

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Announcer: Today’s program is brought to you by the attorneys at Traverse Legal, PLC, a global law firm specializing in Internet Law, Trademark Infringement, Copyright Infringement, Cybersquatting, On-line Defamation, Non-compete and Trade Secret Law and Complex Litigation. If you have a legal matter arising on the web, contact one of Traverse Legal’s Internet Lawyers today. Now here’s your host, Damien Allen.

Damien Allen: Good morning and welcome to Traverse Legal Radio. My name is Damien Allen and joining me today on the phone is Attorney Mark Clark of Traverse Legal, PLC. Good morning, Mark. Welcome to the program.

 

Mark Clark: Good morning, Damien. 

Green Day Accused of Copyright Infringement | Copyright Infringment Attorney Blog

A Los Angeles artist, Dereck Seltzer, has filed a lawsuit against the punk rock band Green Day alleging copyright infringement of his original artwork.  The image was featured and displayed on the band's website, appeared in on of their music videos and displayed at venues.  According to Green Day's copyright infringement attorney, Don Passman, the image was provided to Green Day from a reputable company. 

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Performance Tax Debate: Discussion with Executive Vice President of Media Relations for the National Association of Broadcaster

Discussion with Dennis Wharton, Executive Vice President of Media Relations for the National Association of Broadcasters regarding "performance tax" legislation, a piece of legislation that has passed through the House Judiciary Committee and the Senate Judiciary Committee which would require radio stations who play music on free and local radio stations across the country to start paying a new fee or tax. 

Play: Copyright Law Radio - Performance Tax Debate
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With: Dennis Wharton

Sponsored by: Traverse Copyright Law

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Announcer:  Welcome to Copyright Law Radio sponsored by Traverse Copyright Law, internet lawyers specializing in copyright infringement, copyright licensing and copyright registration.  Now, here’s your host, Damien Allen.
 
Damien Allen:  Good morning, and welcome to Copyright Law Radio.  My name is Damien Allen and joining me today on the telephone is Dennis Wharton the Executive Vice President of Media Relations for The National Association of Broadcasters in Washington, DC.  Good morning and welcome to the program, Dennis.

Copyright Nightmares in the music business, from a band perspective - PART 2

John DiGiacomo discusses the importance of getting a written agreement for collaborative works, such as music put out by a band, to protect your copyright rights, your trademark, and your royalties.

Play: Copyright Law Radio - Copyright Nightmares in the music business, from a band perspective - PART 2
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With: John Di Giacomo

Sponsored by: Traverse Copyright Law

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Welcome to Copyright Law Radio, sponsored by Traverse Copyright Law, internet lawyers specializing in copyright infringement, copyright licensing and copyright registration. Now here’s your host, Damien Allen.

Damien Allen:  Welcome to Copyright Law Radio. My name is Damien Allen, and today we are continuing our conversation with Bob and with John DiGiacomo of Traverse Legal, PLC, on copyright nightmares in the music business, and we’ve been discussing a situation where our guest, Bob, was in a band and he was given a threat letter by a former band member trying to terminate the rights to the use of his own songs, as well as songs that were co-created with the former band members. Under the tenants of the Berne Convention, once a musical work is recorded, it is automatically protected by copyright law, is that correct?

Copyright Infringement Lawyer Tips | Nightmares in the Music Business - A Band's Perspective

Who owns the copyright on collaborative works? When does the work made for hire doctrine come into play in collaborative works? Listen and learn as our copyright infringement lawyers explore the story one musical artist is facing when the band he collaborated with is telling him he can no longer use the music/songs he created himself.

Play: Copyright Law Radio - Copyright Nightmares in the music business, from a band perspective - PART 1
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With: John Di Giacomo

Sponsored by: Traverse Copyright Law

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Welcome to Copyright Law Radio, sponsored by Traverse Copyright Law, internet lawyers specializing in copyright infringement, copyright licensing and copyright registration. Now here’s your host, Damien Allen.

Damien Allen:  Good afternoon, and welcome to Copyright Law Radio. My name is Damien Allen, and today we are speaking about copyright nightmares in the music business. Of course, with us as always is John DiGiacomo, from Traverse Legal, PLC.

John DiGiacomo:  Hi, Damien.

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Intellectual Property Law Firm | Canada Planning to Stregthen Copyright Laws

According to the author of “Canada government pledges to tighten copyright laws” published on Jurist Legal News & Research, the Canadian Government plans to strengthen its laws that govern intellectual property and copyright in order to foster economic growth and to protect the intellectual property rights of its citizens who bring innovative products to the Canadian market:

To fuel the ingenuity of Canada's best and brightest and bring innovative products to market, our Government will build on the unprecedented investments in Canada's Economic Action Plan by bolstering its Science and Technology Strategy. It will launch a digital economy strategy to drive the adoption of new technology across the economy. To encourage new ideas and protect the rights of Canadians whose research, development and artistic creativity contribute to Canada's prosperity, our Government will also strengthen laws governing intellectual property and copyright.

Back in May, Canada was placed on the Priority Watch List by the Office of US Trade Representative (USTR) for not having adequate intellectual property rights in place, stating that Canada failed to deliver on its commitment of implementing key copyright reforms.  The International Intellectual Property Alliance (IIPA) stated back in 2008 that Canada was one of the worst violator of IP rights, alongside Russia and China. 

Related Articles:

US Trade Office adds Canada to list of countries with "inadequate' IP protections.

2009 Special 301 Report

US copyright group says Canada joining China, Russia as top violator

The Obama Poster Copyright Case: Updates in Shepard Fairey v. The AP

The Fairey v. AP case has taken an interesting turn.The photographer, Manny Garcia, has now initiated suits against both Shepard Fairey and the AP claiming copyright infringement of the original photograph.  Shepard Fairey is maintaining that his poster is transformative of the original photograph and is appropriate under the fair use defense.

Play: The Obama Poster Copyright Case: Updates in Shepard Fairey v. The AP
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With: Jo-Na Williams

Sponsored by: Traverse Copyright Law

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Announcer: Welcome to Copyright Law Radio sponsored by Traverse Copyright Law, internet lawyers specializing in copyright infringement, copyright licensing and copyright registration. Now, here’s your host, Damien Allen.

 

Damien Allen: Good afternoon, and welcome to Copyright Right Law Radio. My name is Damien Allen. Today we are discussing the Shepard Fairey et. al. v. The Associated Press case. Once again, there have been a couple of new developments since the last show we did on this and joining us via the telephone is Jo-Na Williams. Jo-Na is a fourth year law student at Suffolk University Law School in Boston, Massachusetts. She’s also a member of the American Bar Association’s IP Committee 304 and author of The New Symbol of “Hope” for Fair Use:  Shepard Fairey v. The Associated Press article from the September/October issue of Landslide magazine. Good afternoon, Jo-Na, and welcome to the program.