lawsuits

By Cheryl L. Hodgson

The U.S. Copyright Office has issued a Statement of Policy for Registration of Compilations restricting the definition of a compilation in the U.S. Copyright Law.  Read more about the policy here.

The Copyright Act defines a “compilation” as a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. One of the more controversial compilation copyrights involves a compilation copyright for a series of 26 yoga poses registered by Bikram Yoga. 

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Musicians: Double Your Royalty Income

October 11, 2012

By Cheryl L. Hodgson

ROYALTIES:  usage-based payments made by one party (the “licensee”) to another (the “licensor”) for the right to ongoing use of an asset, sometimes an intellectual property (IP).

Authors routinely transfer ownership of the copyright in creative works to music publishers, record companies, book publishers, and other distributors of copyrighted works.  

Recapture of valuable income producing copyrights will often double income from future U.S exploitation.

Artists say “Give us back our songs and masters!”

Here are three possible ways to recapture rights:

  • Statutory- “It’s been nice, pay me what’s fair or I’m out of here.”
  • Judicial- “You forgot to pay me so I’m taking my work and going home.”
  • Contractual- “I had a great lawyer the first time around”

In this article, we explore the statutory, copyright termination right, found in the U.S. Copyright Act.  (Our next article explores the judicial and contractual means of recapture, in which we examine the precedent setting case of the “Louie Louie” master in which our firm recaptured rights to the Kingsmen masters, and a more recent jury verdict involving Hamilton Joe Frank and Reynolds. Read the judge’s decision in that Hodgson Legal precedent-setting case.

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