Intellectual Property Law
New Matter SPRING 2014, Volume 39, Number 1
Content
- Contents
- MCLE Self-Study Article
- Letter from the Chair
- Inevitable Disclosures.
- The Importance of Being Earnest: Obtaining Copyright Registrations for 20th Century U.S. and Non-U.S. Photo Collections
- De-risking the Cloud
- Case Comments
- Ninth Circuit Holds that Irreparable Harm No Longer Presumed in Trademark Cases
- Letter from the Editor-in-Chief
- Copyright Interest Group
- Legislation Interest Group Report: Extract
- Patent Interest Group
- Patentable Subject Matter, Abstract Ideas, Business Methods, and the Patent Eligibility Trilogy
- Technology, Internet and Privacy Interest Group
- Trademark Interest Group
- 2014 New Matter Author Submission Guidelines
- Entertainment and Sports Law Interest Group
- In-house Counsel Interest Group
- International Interest Group
- International Ip Developments
- Key Defense Strategies in Trade Secrets Cases
- Ninth Circuit Report
- Making a Name For Yourself: Trademark Registration Challenges
- Intellectual Property Section Executive Committee 2013-2014
Case Comments
Lowell Anderson
Stetina Brunda Garred & Brucker
COPYRIGHTS – COMPILATIONS
The statute requires the author’s name and the work’s title be included in a registration. 17 U.S.C. § 409(2). Collective works do not require that information on the collected works but limit who can sue for what. The U.S. has filed amicus briefs "arguing that the Copyright Office has permissibly interpreted Section 409 not to require a registration application to identify the author of all claimed component works and that courts should defer to that interpretation." The Fourth Circuit has adopted that view as has an unreported N.D. California case and this district court. A motion to dismiss the complaint for lack of a valid registration under 17 U.S.C. § 411(a) was denied. Panoramic Stock Images, Ltd. v. McGraw-Hill Cos., 108 U.S.P.Q2d 1064 (N.D. Ill. 2013).