Monthly Archives: July 2013

A “Deal with the Devil”? Ghost Rider Creator Asserts that Contract Did not Give Marvel Perpetual Ownership of Copyright in Comic Book Character

GhostRiderBigPoster (2)

As we have previously observed, superheroes often take starring roles in disputes relating to copyright protection for fictional characters.  This makes sense, as they frequently appear in long-lived series of works in various media (comic books, television shows, films, etc.) sporting a consistent set of identifying characteristics – physical appearance, personality traits, “origin story,” and the like.  Indeed, many such disputes take it as a settled conclusion that the superhero character is entitled to copyright protection,… More

Court Finds No Digital Re-Sale Right for iTunes Music

iTunes

One reason to buy physical books and music CDs rather than Kindle books and iTunes files is that when you own a physical copy of the book or music CD, you can lend it to friends.  You could also, if you chose, sell your copy.  These are rights guaranteed by the first sale right in Section 109 of the Copyright Act.  When you buy a Kindle book or an iTunes song (or more accurately,… More

Second Circuit Overturns Class Certification in Google Books Copyright Challenge

Google Books

Yesterday the Second Circuit issued its decision undoing the District Court’s certification of a plaintiff class in the long-running lawsuit claiming that the Google Books Library Project violates copyright in millions of books.  The plaintiffs, the Authors Guild and various individual authors, assert that Google’s practice of scanning and digitizing in-copyright books from major libraries, and making short “snippets” of those books available to the public in response to searches,… More