Tag Archives: patent law

Ennio Morricone Loses Bid to Reclaim Rights to Film Scores

Ennio Morricone, the famed 88-year-old Italian composer, has lost a lawsuit aimed at grabbing back rights to film scores for Cosi Come Sei (Stay As You Are), Il Giocattolo (A Dangerous Toy) and Un Sacco Bello (Fun Is Beautiful). On Friday, in a case that had a New York judge reviewing Italian copyright law, U.S. District Judge Katherine Forrest granted summary judgment in favor of Bixio Music Group, the publisher assigned rights decades ago.

Morricone scored the films in the late 1970s and early 1980s pursuant to agreements with Bixio, which had its own contracts with film producers. The composer transferred to Bixio all rights in the works in exchange for three million Italian lira, the right to credits, and the right to a portion of the proceeds from use of the scores.

In 2012, Morricone sent termination notices over six film scores pursuant to the 1976 Copyright Act. In November 2016, he filed a lawsuit seeking a declaration that he indeed was successful in his termination.

The law, however, doesn’t allow “works for hire” to be terminated. Both Morricone and Bixio agreed that the film scores were commissioned works, but disagreed on the import.

Under American law, what matters is whether there’s a written instrument attesting to a “work made for hire,” meaning that the publisher is deemed the author. Some courts further analyze the situation by looking at whether an employer induced the creation of the work and had the right to direct and supervise the manner in which the work was carried out.

Read Full – http://www.hollywoodreporter.com/thr-esq/ennio-morricone-loses-legal-bid-reclaim-rights-film-scores-1046947

Hollywood Confronts a Copyright Argument With Potential for Mass Disruption

 9:50am PT by Eriq Gardner

Who really owns the CG characters in blockbuster films like ‘Avengers’ and ‘Night at the Museum’? On Monday, a judge was told it’s not the studios.

Are some of Hollywood’s biggest movies from the past decade — Guardians of the GalaxyAvengers: Age of UltronDeadpool and Night at the Museum, among others — all copyright infringements because they were allegedly created with stolen technology? The question seems outlandish, and yet, that’s exactly what a California federal judge was told on Monday in a case that can’t be shrugged off as a crank even if it is now treading on some fantastic territory including a scholar’s search for hidden codes in the Hebrew Bible.

Rearden LLC is the plaintiff. The firm was founded by Silicon Valley entrepreneur Steve Perlman, who claims to own software called MOVA, which captures facial expressions to create photorealistic computer graphic effects. Rearden also alleges its technology was stolen by a former colleague before eventually landing in the hands of a Chinese firm. After the FBI investigated economic espionage, Rearden sued this Chinese company and won an injunction. Now, Rearden is suing the customers of the stolen technology — DisneyFox and Paramount — who find their blockbusters the subject of bold intellectual property claims.

In response to the lawsuit, the studios have contended that that the copyright, trademark and patent claims fail as a matter of law. This story will focus on the mind-blowing copyright arguments.

At this stage of the dispute, the studios can’t dispute the truth of the allegations — not only did they use stolen technology, they did so knowingly. But Disney, Fox and Paramount ask, so what? Whatever shows up onscreen is primarily the product of human input, namely film direction and an actor’s performance. The technology company simply can’t own the output.

“Indeed, if Rearden’s authorship-ownership theory were law, then Adobe or Microsoft would be deemed to be the author-owner of whatever expressive works the users of Photoshop or Word generate by using those programs,” wrote Kelly Klaus, attorney for the defendants, who also nodded to an 1884 Supreme Court opinion, Burrow-Giles Lithographic Co. v. Sarony.

Full Read – http://www.hollywoodreporter.com/thr-esq/hollywood-confronts-a-copyright-argument-potential-mass-disruption-1049516

3 companies apply to patent ‘fake news’

Cards Against Humanity group among interested


NEW YORK (CNNMoney) – Get ready for a “Fake News” TV show, a “Fake News” board game and lots of “Fake News” T-shirts.

Three U.S. companies are trying to trademark the term “fake news.” One of the applications is from the animation team behind “The Simpsons.” Another is from the group behind the popular game Cards Against Humanity.

These companies applied for a trademark to U.S. Patent and Trademark Office on January 12, the day after the press conference when then President-elect Donald Trump called CNN “fake news” (a claim CNN debunked).

“We’re living in such a bizarre world,” Waterman, one of the filers, told CNNMoney. He owns Film Roman, the team of animators that sketched “The Simpsons” for over 25 years through early 2016. Now his team is at work on an adult cartoon comedy he plans to call “Fake News.”

“We want to get the truth out there in a way the public will accept it,” says Waterman, who sees the project as similar to those from comedians Samantha Bee and John Oliver, who poke fun at Trump, the media and other politicians.

Shari Spiro also thinks America could use some laughs right now. She is CEO of AdMagic and Breaking Games, the company that manufactures the hit board game Cards Against Humanity.

“I’ve just never seen anything like this [political climate] in my entire life,” Spiro told CNNMoney. “Friends on social media are losing it.”

Spiro called up the creators of Cards Against Humanity and pitched the idea of a “Fake News” game. The makers of the adult party game, where players fill in the blanks for risque and off color phrases or words, immediately jumped on board, calling it “one of the most brilliant ideas we’ve ever heard.”

Read Full – http://www.local10.com/news/3-companies-apply-to-patent-fake-news

Intellectual property law and examples

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Intellectual property has encouraged business development while concurrently creating a possible minefield of legal battles and predicaments. The multilayered process of identifying, protecting, defending, maximizing and enforcing intellectual property rights requires a multidisciplinary method, and our intellectual property lawyers have the knowledge needed to supply results.


Some Topics Our American Intellectual Property Lawyers Can Handle:


  • American Copyrights registration, licensing & protection
  • American Copyright Applications
  • American Trademarks registration, licensing & protection
  • American Trademark Applications
  • American Trade Secret protection
  • Freedom to Operate Analyses
  • Infringement or Non Infringement Opinions
  • American Patent Applications
  • American International IP Law


A patent application has often been noted by lawyers as the most complex and layered legal document to prepare and put together because it must conform to strict legal guidelines and regulations, so as to result a patent in America and beyond is valid and enforceable.


American Copyright Law

We have dealt with wide range of Angie copyright issues concerning software, digital music, publishing, kid books, graphic design, and more. Copyright law awards a copyright owner a set of exclusive rights to his or her appearance of an idea or information. American copyright may survive in a wide range of creative, intellectual, or artistic forms, comprising poems, plays, novels, movies, musical compositions and recordings, paintings, drawings, sculptures, photographs, and software.


American Copyright Law Issues


  • American Copyright registration, licensing and protection
  • American Copyright litigation
  • American Drafting work-made-for-hire agreements
  • American Licensing agreements
  • American Publishing contracts
  • American Distribution agreements
  • American Digital Millennium Copyright Act Lawyers
  • American Music clearance Lawyers


American Copyright Infringement

American copyright infringement occurs when the unlawful use of the protected work violates the rights of the owner. American copyright infringement has come to be very problem oriented with the introduction of the Internet. Before the web American copyright infringement was much easier to catch.


American Trademarking Lawyers

We have knowledge dealing with all stages of American trademark selection, protection, and enforcement and we have operated on American trademark issues in a wide range of businesses including software companies, web businesses, pharmaceutical companies, and restaurants. Whether you are getting ready to a launch a business in America or a product or you have been operating for years, American trademark protection of your company, product name, design, color, slogans or packaging is crucial.


For more specific about trademarks please contact our American Trademark Lawyers

American Patent Lawyer Process

If you have established an invention and seek to protect and guard it, you need an knowledgeable American patent lawyer licensed with the state and shown with the United States Patent and Trademark Office USPTO who can escort you through the patenting procedure. Your American patent application will either be a Utility, Design, Plant, or Provisional Application. During our Angie patent law session, we will inform you as to which type of application is correct for your invention.