Derivative Works

News & Analysis as of

Anne Frank’s “Diary of a Young Girl”: a Derivative Work with a Co-Author

On January 1, 2016, Adolf Hitler’s Mein Kampf and Joseph Goebbels’ diaries will both enter the public domain in most of Europe, where the term of protection ends 70 years after the death of a work’s author. One of the Nazi’s...more

Intellectual Property Alert: Google Books Affirmed as Fair Use

The Court of Appeals for the Second Circuit has affirmed a lower court’s finding that the Google Books project constitutes fair use, and is not an infringement of the copyrights in the millions of books contained in the...more

First Circuit Clarifies Rights of Co-Author of Joint Derivative Work to Make Further Derivatives

In a squabble between two psychologists over rights to books about “explosive” children, the First Circuit weighed in this summer with an opinion holding that a work of authorship under the Copyright Act can be simultaneously...more

A Joint Author Does Not Own Derived Material - Greene, et al. v. Ablon, et al.

Addressing joint and derivative works under the Copyright Act, the U.S. Court of Appeals for the First Circuit found the district court erred in ruling that a single work cannot be both joint and derivative. Greene, et al. v....more

Richard Prince’s Instagram Art: Do You Know Where Your Face Is?

Social media, it seems, has turned us all into photographers. Anyone with a Facebook page, an Instagram account or any of the other methods for socializing on the web, can post original photos for all the world to see,...more

Copyright Co-Owner’s Ability to Grant an Exclusive Right to a Third Party - Corbello v. DeVito

Revisiting the issue of a copyright co-owner’s right to grant an exclusive right to a third party, the U.S. Court of Appeals for the Ninth Circuit clarified its prior ruling in Sybersound v. UAV, and explained that a...more

What is ‘Blocking IP’?: Why You Should Care When Licensing Source Code

A client this week asked me to help him with a source code license. What started as a simple request with crafting a paragraph inevitably grew due to the concept of “blocking intellectual property.” While I would argue that...more

Corbello v. DeVito - USCA, Ninth Circuit, February 10, 2015

Ninth Circuit reverses and remands district court’s grant of summary judgment to members of “Four Seasons” music group and others involved in producing musical “Jersey Boys,” holding that agreement between band member Thomas...more

A Circuit Split or Just a Surface-Blemish: Why Kienitz v. Sconnie Nation LLC Doesn’t Conflict with Cariou v. Prince

Every day, attorneys argue whether appellate court opinions are wrong. But not every day do you get an appellate court criticizing the opinions of a sister court of appeals. ...more

Marvel Prevails in Copyright Termination Case: Famous artist Jack Kirby found to have created his comic drawings as a “work made...

In what can fairly be interpreted as a favorable decision for any business whose success depends upon copyrighted intellectual property, on August 8, 2013, the Second Circuit Court of Appeals issued its decision in Marvel...more

Controversial Film “Escape From Tomorrow” Shows Need to Protect Intellectual Property

“Escape From Tomorrow,” one of the most controversial films at the 2013 Sundance Film Festival, has put copyright and trademark law, as well as the question of what constitutes parody, in the spotlight. The film reminds...more

Navigating The Rocky Shoals Of Software Copyrights

Originally published in Chapter 17 of the State Bar of Texas - Advanced Intellectual Property Law. Contents: I. Introduction II. In Which Our Hero is Dashed on the Rocky Shoals of Software Coypright A....more

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