Product Description

Recent updates:

• Update: December 2020

  Dear Subscriber:

  Authored by William S. Strong, Esq., Copyright Law Practice reflects practical information pertaining to copyright registration and enforcement, on topics including the following:

  • Commissioned works. In chapter 3, read about a Second Circuit case from 2019 that addresses whether a writing may be executed after the creation of a work-for-hire and still be protected.

  • Federal registration; timing. In chapter 5, find a Practice Note addressing the scenario where counsel represents a copyright owner who has not yet registered a work, or who is facing a statute of limitations deadline, or needs injunctive relief in the face of backlog in the copyright office.

  • Musical works; blanket licenses. Chapter 6 discusses a new law, effective January 21, 2021, making a compulsory blanket license available to large-scale providers of digital phonorecord deliveries.

  • E-Sign Act. In chapter 7, the author offers an admonition regarding possibly unintended effects of signing "I agree" or otherwise "accepting" a website's terms of use. A 2020 U.S. District Court case is cited.

  • State government immunity. See chapter 8 for a 2020 decision regarding lawsuits against state agencies or state government for copyright infringement.

  • Damages; mitigation. In chapter 12, find a Fifth Circuit decision from 2020 that addresses whether a plaintiff's failure to mitigate its injury may be taken equitably into account by the trier of fact, and whether there is a mitigation defense per se to a claim of statutory damages.

  We at MCLE trust that you will find this book useful in your intellectual property practice, and valuable in keeping your law library current.

  Cordially,

  Maryanne G. Jensen, Esq., MCLE Director of Publications

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