As discussed in Part 1, understanding the application of the Copyright Act’s works made for hire doctrine is needed to protect an organization’s intellectual property. Specifically, the application of the doctrine to...more
Understanding the work made for hire doctrine under the Copyright Act of 1976 is key for effective intellectual property management. The default ownership rule under the Copyright Act provides ownership to the author (i.e.,...more
In Short - The Background: Generative artificial intelligence ("GenAI") tools allow individuals to readily generate content, including works that traditionally would be copyrightable if authored by a human being, such as...more
The D.C. district court recently affirmed the U.S. Copyright Office’s position that a work generated entirely by artificial intelligence (AI) technology is not eligible for copyright protection. The case is Stephen Thaler v....more
The US Court of Appeals for the Second Circuit affirmed a summary judgment grant, ruling that an author was an independent contractor when writing the screenplay for a horror film and entitled to authorship rights, and...more
The Second Circuit issued a remarkable decision on termination rights under Sections 203 and 304(c) of the Copyright Act that seemingly, whether knowingly or otherwise, limits the Act’s extraterritorial reach. Ennio Morricone...more
Musical scores incorporated into films are usually produced with the specific film in mind. In the U.S., we call such works “works made for hire,” meaning that the artist does not retain authorship rights to the music....more
In a recent blog, I wrote about whether the U.S. Copyright Act’s work-made-for-hire doctrine applies to copyrights in sound recordings as that status affects artists’ termination rights in transfers. The responses I received...more