Copyright Law rss

Copyright Registration is “Precondition” to Filing a Claim—But is NOT “Jurisdictional”

March 2, 2010

A statutory condition requiring a party to take some action before filing a lawsuit is not automatically “a jurisdictional prerequisite to suit.”

Rather, the jurisdictional analysis must focus on the “legal character” of the precondition, which is discerned by looking to the condition’s text, context, and relevant historical treatment.

SCO v. Novell: Trial Court Denies Novell’s Motion in Limine, Preserving SCO’s Slander of Title Claims for the Jury

February 18, 2010

The Tenth Circuit Court’s opinion remanded for trial the claims whose resolution turned on the sole issue of copyright ownership–including slander of title.

Twitter and Fair Use

February 8, 2010

In today’s networked world, one should expect that Twitter broadcasts are not copyright protected for a number of possible reasons: (a) lack of original expression, (b) the content is social commentary, (c) the content lacks inherent value, or (d) licensing restrictions.

Trial Judge Removes Final Obstacles to Trial in SCO v. Novell Slander of Copyright Title Case

January 28, 2010

UNIX is the enterprise-level computing platform used by most large companies. UNIX is also the platform that Linux tries to emulate—and replace. For this reason, ownership of the UNIX copyrights is broadly relevant in the enterprise computing marketplace.

Mashups and Fair Use

Campbell v. Acuff-Rose Music, provides a roadmap to evaluate the 4 factors for deciding whether music mashups and other compilations are “fair use” under copyright law.