Work for Hire: Who Owns the Copyright In The Iron Man Theme?

ironmanBy Chike Eze

Generally, the author of a work owns the copyright in the work. However, an exception to the rule is that the employee or hiring party for whom the work was prepared is considered the owner of the work. The U.S. District Court for the Southern District of New York applied the “instance and expense” test in Urbont v. Sony Music Entertainment to determine whether the Iron Man Theme, created by Jack Urbont (“Urbont”) at Marvel’s request, was a work made for hire. Continue reading

Let’s Play Trademarks: The Peculiar Sensation of Sony and the Fine Brothers

gamerBy Gwen Wei

As it turns out, it’s a terrible idea to try to lock down the Internet’s favorite toys via trademark. Who knew?

Certainly the news seems to have come as a shock to a few businesses in the new year. On October 28, 2015, Sony Computer Entertainment America applied to trademark the phrase ‘Let’s Play’. According to its application, Sony intended the trademark for goods regarding “electronic transmission and streaming of video games via global and local computer networks; streaming of audio, visual, and audiovisual material via global and local computer networks”. Continue reading

If At First You Don’t Succeed (at passing a cybersecurity intelligence sharing law), Try, Try Again.

UntitledBy Brennen Johnson

Lawmakers in the U.S. Senate just passed CISA (the “Cybersecurity Information Sharing Act”) on Tuesday, October 27. If the White House does not veto it, CISA will allow tech companies to share internet traffic information with the government without fear of liability for the disclosure of private or sensitive data. Not only would the law potentially allow companies to violate their own privacy statements with users, but also it would allow them to hide the fact that they are sharing information with the government.

So what is CISA, where did it come from, and why does it matter? This is not the first time that lawmakers have brought this type of information-sharing scheme before Congress. Back in 2011, lawmakers introduced CISPA (the “Cyber Intelligence Sharing and Protection Act”) in an attempt to help prevent cyber attacks. The basic premise behind the bill was that quickly sharing information about threats and vulnerabilities could help prevent attacks. The House of Representatives passed CISPA, but it failed in the Senate, due to a lack of confidentiality and civil liberties safeguards. The White House even proclaimed that it would veto the bill should it be passed. CISPA was reintroduced by the House in 2013, where it again failed to pass the Senate. Continue reading