As digital technology and the online environment transform the distribution and use of intellectual property, our Copyright & Trademark group is on the front lines in protecting and enforcing our clients’ most important creative assets. Our trial-tested team represents a wide range of clients, from entrepreneurs to major corporations, from playwrights to media giants, and from individual songwriters to the country’s largest performing rights organizations.
Second Circuit Review: Copyright: Unregistered Derivative Works, Unsolicited Works
December 24, 2003 Full PDF
The December 24 issue of New York Law Journal "Second Circuit Review" features an article written by Martin Flumenbaum and Brad Karp entitled "Copyright: Unregistered Derivative Works, Unsolicited Works." The column reports on two decisions issued earlier this month by the U.S.Court of Appeals for the Second Circuit addressing copyright infringement, In the first case-- Well-Made Toy Mfg. Corp. v. Goffa International Corp. and King Kullen Grocery Co Inc., the court affirmed summary judgment for defendants on the basis that their product was not derivative of plaintiff's as the products were not substantially similar. In the second case, Jorgensen v. EPIC/Sony Records, et. al., the court also affirmed summary judgment in favor of defendants under the theory that you must demonstrate a connection between the recipient of the copyrighted material, and the alleged infringer of the copyrighted work, to establish access. The editor notes that Anne Raish assisted in the preparation of the article.