In Pursuit of Patents
There is little doubt that protecting one's intellectual property is important for businesses both large and small. Statistically, 60% of the market valuation of the average industrial corporation is based on its intellectual property and that figure rises to 80% for high-tech companies. Patents make up a large slice of the intellectual property pie in any technology-driven company. Filing a patent, however, is not the end of protecting your technology. Indeed, it is just the beginning. A key ingredient to the success of any technology-based company lies in effectively managing its patent portfolio. One important and often overlooked aspect of managing your patent portfolio is patent tracking.
Book Review and Commentary: Patenting in an Era of 'Open Innovation'
Open Innovation" by Henry Chesbrough. Harvard Business School Press (2003). 225 pp.In "Open Innovation," Henry Chesbrough proposes that a fundamental change is taking place in the business of innovation — a traditional closed innovation model is being supplanted by an emerging open innovation one. The closed innovation archetype was the isolated corporate research center that sought to single-handedly develop, commercialize, and dominate an emerging technology. Open innovation is heralded by companies that combine their internal capabilities with an awareness of the innovation marketplace and a willingness to license, acquire, and collaborate to maximize the speed and impact of innovation. The author opines that companies that continue to rely on closed innovation cannot compete against the new breed of open innovators.
Bit Parts
Recent developments in entertainment law.
Attorney Fees Update
Depending on the circumstances and the law, parties on either side of an entertainment suit may ask a court for an award of attorney fees. Following are court rulings from recent months that deal with this and related concerns. In this and future issues, <i>Entertainment Law & Finance</i> will report on such relevant rulings in Attorney-Fee Updates.
Clause & Effect: <b>Non-Monetary Benefits' Impact on Royalty Rights</b>
A right to net-profits participation from entertainment products has often been criticized as meaning little, given the many disputes that have arisen over non-payment. Even producers of highly successful products may argue that their ventures netted little or no net profits. Thus, revenue participants who obtain the right to a percentage of gross or adjusted-gross profits are usually considered in a better position than net-profits participants. Still, a right to gross profits has its pitfalls. A key issue is what revenues belong in the gross-profit pool.
Courthouse Steps
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Net News
Recent developments in Internet law and in the Internet industry.
The CAN-SPAM Act: Regulates, Doesn't Eliminate, Spam
The CAN-SPAM Act went into effect Jan. 1, and has important implications for anyone engaged in the sending of unsolicited e-mails, which are commonly known as spam. Contrary to public opinion, the act does not make spam unlawful; it attempts to regulate it.
Creative Dilemma: Determining Authorship Rights in Studio Session Works
A recording session is generally a team effort, with artist, engineer and producer working together to create sound recording masters. However, unless set forth in written agreements, just who owns the rights in the works may not be clear. For example, what if an engineer with creative input claims to be a joint author? Even less clear may be who owns the rights if a visitor to a recording session becomes a contributor to a track. Such situations may raise claims of joint authorship and/or copyright infringement, among other things. (A joint copyright owner can't sue a co-owner for infringement, but a court may recognize a joint authorship claim as a distinct alternative from an infringement claim in the same case.) Defendants in these actions may claim an implied license, that the visitor's contribution wasn't original enough to be copyrightable or that the contribution was a work-for-hire under that the defendants own. These arguments were recently tested in a case involving a recording session for the popular hip-hop artist Jay-Z.
