How to protect the IP value of photographic images
Jeremy Nicholl says to register photographic images at the US Copyright Office. “The U.S. may be a Berne signatory, but in practice the USA has a dual copyright system: major protection and zero protection.” Unregistered images are still copyrighted, but the remedies are quite limited. Registration carries with it statutory damages of $150,000 per infringement, [...]
$1.33 billion damages award for copyright infringement fails for lack of “real world” comparables
In a high-profile, infringement litigation, a jury awarded the plaintiff (Oracle USA) $1.3 billion in damages against the defendant SAP, the world’s largest business application software manufacturer. Not only was the jury award the largest ever for copyright infringement, but its magnitude nearly exceeded the defendant’s 4Q2010 net income. Bookmark on DeliciousDigg this postRecommend on Facebookshare [...]
Jackie Maguire reveals important considerations for coordinating business and IP strategies
Jackie Maguire, CEO of Coller IP Management and a member of BVR’s IP Management and Valuation editorial advisory board, lists important considerations in the order organizations should address when coordinating IP and business strategies: Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post
Stop Online Piracy Act introduced in the House
The recently introduced Stop Online Piracy Act (SOPA) is the House version of a bill introduced earlier in the Senate, known then as the Protect IP Act. The legislation would give law enforcement more tools to prevent websites from promoting pirated software, music, movies, TV shows, etc. It has received continual support from the music [...]
Book review blasts author’s analysis of the state of copyright infringement in the U.S.
There may not be a more cogent airing of the issues regarding the current state of copyright infringement in the U.S. than in a reading of Professor Peter Menell’s scathing review of Professor John Tehranian’s book: Infringement Nation: Copyright 2.0 and You. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe [...]
Lost profits will drive future copyright infringement litigation in China
Stan Abrams writes that lost profits will be the driving force in future infringement litigation in China. Citing a Wall Street Journal article that estimated 78% of the PC software installed in China in the last year was pirated, Abrams suggested damages would not be a driver, as “damages in copyright cases are notoriously low [...]
Licensing IP may be the ultimate coming together of IP and business strategies
IPBlog wrote earlier about the Canadian International Council’s commissioning of a paper to study what appears to be an institutional lack of knowledge of the value of IP resources. Now the Montreal Gazette reports on CIC’s two-day conference on the topic. Unfortunately, more questions were asked than answers given. Professor Daniel Gervais (Vanderbilt University) went [...]
Google’s transfer of intangibles draws IRS attention
Bloomberg reports the IRS is auditing how Google Inc. avoided federal income taxes by shifting profit into offshore subsidiaries, including how the company valued software rights and other intellectual property it licensed abroad. Transfers of intangibles to offshore subsidiaries located in lesser-taxed areas can allow for huge tax savings. Google, for example, is estimated to [...]
A music download is not a performance under the Copyright Act
Last week the Supreme Court made official what music buffs knew all along: a download of a sound recording is not the same as a public performance. (That consumers pay as low as 99 cents for a download and as high as $300 to attend a concert was not the issue.) Reportedly representing nearly [...]
The next big copyright battle in the music world will be over termination rights
When the Copyright Act was revised in the mid-70’s, artists and composers were granted “termination rights,” allowing them to apply to take control of their works after 35 years. According to the New York Times, many have already applied to the copyright office (the law calls for applications to be filed a least two years [...]
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