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COPYRIGHT ASSIGNMENTS/CO-OWNERS' RIGHTS
The U.S. District Court for the Eastern District of Wisconsin decided that co-owners of a copyright can grant exclusive rights in their work to third parties on their own. Thus, a music video company that obtained copyright assignments from two of the three co-creators of the music video “What What (In the Butt)” (WWITB) had the right to file suit over an episode of the TV series South Park that recreated a portion of WWITB to parody the viral-video craze. Brownmark Films LLC v. Comedy Partners, 10-CV-101. District Judge J.P. Stadtmueller noted that “no one can credibly argue that the risk of limiting the other co-owner's rights [to independently exploit the work] can be used to artificially restrict the alienability of the co-owner's right to transfer their interest in the copyright.” The district court's decision takes issue with opposing precedent from the Ninth Circuit.
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Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
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