Copyright

Primer on International Copyright Protection

November 19, 2015

Below is a presentation that provides information concerning international protection for copyrights. The presentation includes a discussion of the Trans-Pacific Partnership and an in-depth explanation of copyrights from an international perspective. In particular, the presentation has information concerning what copyrights protect, examples of copyright protection, and the treaties involved such as the Berne Convention. Details are provided on how to obtain international copyright protection, including the point of attachment requirements, the prohibition against formalities, and independent treatment requirements. In addition, it contains information on the retroactivity concerning the WTO (TRIPS) agreement and of neighboring rights as well as ownership of copyrights. Also included is a discussion about international copyright term (i.e., length of protection) as well as the discussion concerning the rule of Shorter Term under Article 7(8) along with an explanation on how the Trans-Pacific Partnership impacts copyright term in participant countries. The presentation can be downloaded here.


Jeremy Gustrowsky Presents on Copyright Issues Related to Software and Websites

January 28, 2013

Jeremy Gustrowsky has prepared a presentation regarding copyright issues related to software and websites. The presentation includes a discussion on what is protectable and how protection is best attained. 

The presentation can be found here.


2011 Midwest Intellectual Property Summit

September 23, 2011

The 2011 Midwest Intellectual Property Summit, organized by Woodard, Emhardt attorney, Holiday W. Banta, will be held November 17th and will showcase presentations on the latest research and topics of concern in the field of intellectual property.  Woodard, Emhardt attorneys presenting at the Summit include T.J. Cole, Michael Morris and Spiro Bereveskos

The morning session will offer an overview of the key federal court decisions from the past 12 months and an in-depth report on Indiana’s trade secret laws. Occasional copyright filers will benefit from an update and recommendations concerning the Copyright Office’s online filing procedures and new forms. Litigators and prosecutors of trademarks alike will find the presentation concerning survey best practices useful for advising clients and winning cases.

The afternoon session will include a discussion of drafting advice specific to the rapidly expanding field of agriculture and biotech patenting in the U.S. and foreign countries. Of particular interest to litigators, the Summit’s afternoon session will also feature practical tips and strategies to provide litigators with an edge in preparing for trial, including winning strategies for presenting to a jury based on the latest jury research in patent cases.

Following these presentations, panelists with experience litigating in the much-maligned, yet perennially popular, federal district court in the Eastern District of Texas will share their perspectives on how to navigate the procedures unique to this jurisdiction. The panelists will also share their insights on those litigation and settlement arrangements best suited to this court and its juries. If you ever wondered how you would respond if you got the call “we’ve been sued in the Eastern District of Texas, now what?”, then this is your chance to collect an arsenal of options and invaluable insights.

Register online today to take advantage of this exciting opportunity. Alternate locations via group webcasts are available as well. (6.25 Total CLE Units, 1.0 of which may be applied toward Ethics).


Do you work with copyrights? If so, do not forget about an author’s rights to terminate transfers and licenses.

August 29, 2011

The copyright act provides the authors of transferred or licensed works the opportunity to recapture his or her rights.  This means that after waiting a specific period of time, an author, or an author’s estate, can terminate a prior transfer or license.  Such terminations can have a dramatic impact on a company’s rights to use certain intellectual property or the rights to revenue from certain copyrighted works.  Terminating transfers and licenses also gives authors an opportunity to make additional revenue by retransferring or relicensing their work.

The rules surrounding the terminations of transfers and licenses are quite complicated, and the opportunity to recapture one’s rights is only available for a limited period of time.  A new window is opening in 2013 for the recapture of works subject to post-1978 grants.  For works transferred or licensed after 1978, the five-year termination period can begin at one of three times: (1) the end of thirty-five years from the date of execution of the grant; (2) thirty-five years from the date of publication of the work; or (3) forty years from the date of the execution of the grant.

To download a copy of this presentation please click here.

If you are an author, assignee, or licensee of a work that may soon enter a termination window and have questions, feel free to contact our experienced patent, trademark, and copyright attorneys here at Woodard, Emhardt, Moriarty, McNett & Henry LLP.


Presentation- Take Down Provisions: Copyright First. Now Trademark. What Next?

September 16, 2010

Below is a presentation that discusses how the take down provisions of the Digital Millennium Copyright Act (DMCA) have been expanded to not only cover copyrights but other forms of intellectual property, such as trademarks, rights of publicity, patents, etc. The presentation compares the different take down procedures used by major websites as well as provides sample take down forms and policies. Click here to download the PowerPoint presentation.