◊ VRP Law-The Intellectual Property and Employment Law Blog.
Provided by Vihar R. Patel and Sponsored by Enterprise Law Group, LLPArchive for May, 2009
Back to the Basics: What is a Copyright?
A copyright is an often overlooked area of intellectual property law. Most business owners, individuals, entrepreneurs and small/mid-size companies know that patents and trademark can help increase their number of assets, develop licensing royalties, increase market share, block competitors and a variety of similar business objectives.
However, most business owners, individuals and small/mid-size companies fail to realize that a copyright can help in many of the same ways. Under 35 USC 106, a copyright grants the author or owner the following: a) the right to reproduce; b) prepare derivative works; c) the right to distribute works; d) the right to perform the work publicly; and d) the right to publicly display the work.
Moreover, owning a copyright is distinct from having a tangible copy of the work. A copyright can be licensed or transferred in a similar manner to patents or trademark. A individual, business owner, entrepreneur, small or mid-size company can acquire and register a copyright in a book, song, video, a play, business process manual, a photograph, a logo, a website, computer software, a movie and a variety of other similar works of authorship.
Upon registering a copyright, you can sue for copyright infringement in federal court, get statutory damages and get attorneys fees for the lawsuit. To learn more about how copyright law can help you achieve your business objectives please feel free to contact our office.
Registration of Music with the U.S. Copyright Office.
Musical compositions or songs can be registered with the U.S. Copyright Office. Under 35 U.S.C. 102 (a) (2) musical works, including accompanying works may be registered for copyright protection. However, as soon as the work is fixed (sheet music, written lyrics, video, cd or dvd format) the work is entitled to copyright protection.
Registering provides the following: 1) benefit of notice to others of your registration; 2) the right to sue in Federal Court under the U.S. Copyright Act; 3) statutory damages; and 4) attorney’s fees for an infringement law suit. The key to properly registering a musical work is to comply with the deposit requirement. The U.S. Copyright Office will utilize the “best edition” of the musical composition for registration purposes.
The “best edition” for printed copies is determined based on the following: 1) fullness of score ( including vocal music, orchestral accompaniment, instrumental music, etc…); 2) printing and paper; and 3) binding and packaging (special editions, bound rather than unbound, protective folders, etc…).
The “best edition” for phonorecords is determined based on the following: 1) cd rather than vinyl; 2) vinyl rather than tape; 3) special enclosures; 4) open reel rather than cartridge; 4) cartridge rather than cassette; etc… The deposit requirement is key to determining the copyrighted material and the scope of the registered copyright.
See Attached Publication from the U.S. Copyright Office: Musical Works Brochure
If you have any questions relating to registering your musical works, then please feel free to contact us.
Proposed Local Rules for Patent Cases in the Northern District Court of Illinois!
On March 19, 2009 the full court met and approved local rules for patent infringement cases for the Northern District Court of Illinois. These local rules are designed to stream line the patent litigation process to help reduce costs, fees and the time it takes to get to a jury trial.
Currently, the average time to get to a jury trial is about 4.7 years. However, the proposed local rules hope to cut this time down to about 2 years. The local rules require an Answer to a Complaint within 7 weeks and build in a one time extension of 28 days to Answer or otherwise plead. The local rules require initial disclosures similar to 26.1 (a) (1), but are particularized for patent litigation.
The rules set a deadline to get to final contentions regarding infringement, non-infringement, and invalidity. In addition, the rules provide a schedule for claim construction or markman briefs and hearing. After the court’s claim construction or markman ruling, the rules permit an additional 42 days to conduct fact discovery.
Upon completion of fact discovery the rules set deadlines for expert discovery, dispositive motions and the trial is supposed to take place within 23 months from the date the Complaint was filed. (See rules below for specific deadlines or time periods). The proposed rules were a collaborative effort by the local bar and judges to make the practice of patent litigation more efficient.
Through the hard work of many lawyers and judges these rules do not seem to favor either Plaintiffs or Defendants. This is not the rocket docket, but a balancing of interests to provide an efficient litigation process. However, it remains to be seen how the local rules will be adopted or modified for counter-claim or third party practice.
Attached is a copy of the local rules for patent infringement claims in the Northern District of Illinois for your consideration: Proposed Local Rules for Patent Cases
Employment Discrimination Damages: Back pay, Front pay, and Lost Future Earnings.
Many employers and employees do not understand the types of damages or remedies that are available for employment discrimination claims (“ED claims”). ED claims are different from ordinary contract or tort claims in that they do not provide the typical compensatory damages.
For example, under the Age Discrimination in Employment Act (ADEA), compensatory damages are not available, unless there is a retaliation claim. Pfeifer v. Essex Wire Corp., 682 F.2d 684, 685-688 (7th Cir. 1982) and Moskowitz v. Trustees of Purdue Univ., 5 F.3d 279, 283-84, (7th Cir. 1993). However, under Title VII of the Civil Rights Act of 1964, employees that are able to establish discrimination based on race, religion, national origin, sexual orientation, or sexual harassment may recover compensatory damages in the form of back pay, front pay and lost future earnings. Pals v. Schpel Buick & GMC Truck, Inc., 220 F.3d 495, 499-501, (7th Cir. 2000) and Hildenbrandt v. Illinois Dep’t of Natural Resources, 347 F.3d 1014, 1031 (7th Cir. 2003).
However, back pay, front pay and lost future earnings are equitable remedies that are determined by a judge, instead of a jury. Pals, 220 F.3d 495, 499-501, (7th Cir. 2000) and Hildenbrandt, 347 F.3d 1014, 1031 (7th Cir. 2003). Moreover, front pay and lost future earnings are different, because lost future earnings compensate employees for diminishment in future earnings based on an injury to their reputation instead of future salary or wages they could have obtained from the discriminatory employer. Williams v. Pharmacia Inc., 137 F.3d 944, 953-54, (7th Cir. 1998).
In addition, there are caps on damage awards and employees have a duty to mitigate their damages. Understanding the types of remedies and how they are awarded is crucial to litigating and negotiating ED claims. If you have any concerns or questions regarding litigating or negotiating employment ED claims, then please feel free to contact us.
See Attached Cases: hildenbrandt; pals; and pfieffer.
