Intellectual Property Law
New Matter SPRING 2014, Volume 39, Number 1
Content
- 2014 New Matter Author Submission Guidelines
- Contents
- Copyright Interest Group
- De-risking the Cloud
- Entertainment and Sports Law Interest Group
- In-house Counsel Interest Group
- Inevitable Disclosures.
- Intellectual Property Section Executive Committee 2013-2014
- International Interest Group
- International Ip Developments
- Key Defense Strategies in Trade Secrets Cases
- Legislation Interest Group Report: Extract
- Letter from the Chair
- Letter from the Editor-in-Chief
- Making a Name For Yourself: Trademark Registration Challenges
- MCLE Self-Study Article
- Ninth Circuit Holds that Irreparable Harm No Longer Presumed in Trademark Cases
- Ninth Circuit Report
- Patent Interest Group
- Patentable Subject Matter, Abstract Ideas, Business Methods, and the Patent Eligibility Trilogy
- Technology, Internet and Privacy Interest Group
- The Importance of Being Earnest: Obtaining Copyright Registrations for 20th Century U.S. and Non-U.S. Photo Collections
- Trademark Interest Group
- Case Comments
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).