The 'joint work' provision of the Copyright Act could be used by companies to assert authorship of certain works not covered by 'work for hire' arrangements

Article Abstract:

The federal district court decision in Clogston v. American Academy of Orthopaedic Surgeons hints at the relationship between the copyright law's 'works made for hire provision,' which states that the creator's employer owns a work, and its 'joint work' provision, which gives ownership to each author who played a part in a work. Dr. Clogston was held to be the owner of the orthopedic textbook at issue under neither provision. The decision implies that the 'works made for hire' provision does not favor the employer, unless employees are acting within the scope of their position.

Works made for hire doctrine (Copyright)

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Courts unclear whether Internet names infringe; a company may find its mark 'borrowed' by Net-surfers

Article Abstract:

Companies should act soon to secure the Internet domain names related to their business and product names, if only to prevent competitors or third parties from doing so. Internet addresses are numerical, but alphanumeric domain names are the more popular method for sending messages. Companies that have already alleged infringement or had to protect their name or mark include Wired magazine, McDonald's, MTV Networks, and Stanley H. Kaplan. Companies should also register similar names or unflattering take-offs.

Internet, Business names

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In a novel ruling, the 6th Circuit holds that attorneys may be liable in a 'Bivens' action if they've seized goods that allegedly infringe a copyright or trademark

Article Abstract:

The US Court of Appeals for the 6th Circuit has ruled in Vector Research, Inc. v. Howard & HOward P.C. that attorneys who obtained a seizure-and-impoundment order in an ex-parte proceeding were federal actors with Bivens liability. THey did not, according to the court, have the qualified immunity defense of government actors but could assert a good-faith defense. The decision was remanded to the trial court for consideration of the Bivens and of the state law claims.

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