Intellectual Property Law
New Matter FALL 2019, Volume 44, Number 3
Content
- 2019 New Matter Author Submission Guidelines
- 44th Annual Intellectual Property Institute
- Bypassing Highway [35 U.S.C. Section] 101: Congress in Search of an Alternative Route to Patent Eligibility
- Case Comments
- Cla Ip Section Staff
- Contents
- Copyright News
- Federal Circuit Report
- Intellectual Property Section Executive Committee 2018-2019
- Intellectual Property Section Interest Group Representatives 2018-2019
- Ip and Art: An International Perspective
- Letter from the Chair
- Letter from the Editor-in-Chief
- MCLE Self-Study Article
- Ninth Circuit Report
- Online Cle For Participatory Credit
- Quarterly International Ip Law Update
- Report of the Delegation of the Intellectual Property Law Section of the California Lawyers Association to Washington, D.C.
- Rule Changes Affecting Trademark Practitioners
- The California Lawyers Association Intellectual Property Alumni
- Tips and Pitfalls of Udrp Proceedings
- Ttab Decisions and Developments
- The Licensing Corner
The Licensing Corner
Sean Hogle
Rooney Nimmo PC
A copyright license is not a "contract not to sue:" drafting and negotiating copyright license grants as quasi-property deeds
In A License is Not a "Contract Not to Sue:" Disentangling Property and Contract in the Law of Copyright Licenses, Iowa L. Rev. (March 2013), Prof. Christopher Newman presents a useful and compelling case for the treatment of copyright licenses as the conveyance of real property-like interests, akin to rights of way, licenses and easements in real property law, and explains how this treatment finds explicit support in the US Copyright Act. Existing copyright law enables the creation and validity of copyright "deeds," or unilaterally executed written instruments of conveyance—even those unsupported by consideration, similar to the way that a conveyance of a real property interest can be manifested by deed.