May 14, 2020

Copyrights

Copyrights

Guidelines for the Permissible Photocopying of Newsletters and Newspapers for Corporate Use
      Karen Gantz, 41(4): 1327–39 (Aug. 1986)
Corporations today must reconcile the rights of authors and publishers under the copyright laws with technological improvements in copying techniques. This Article sets forth guidelines for the permissible photocopying of newsletters and newspapers by corporate users.

Legislative Process and Commercial Law: Lessons from the Copyright Act of 1976 and the Uniform Commercial Code
      Harold R. Weinberg and William J. Woodward, Jr., 48(2): 437–82 (Feb. 1993)
Recent cases hold that the Copyright Act partially preempts U.C.C. Article 9, and these holdings contribute to the unsatisfactory state of the law governing the use of intellectual property in secured financing. The authors trace these developments in the copyright area to a lengthy federal legislative process that took little account of twentieth century developments in the state law of secured financing, most notably U.C.C. Article 9. The authors conclude with suggestions for better coordinating federal and state law in order to reduce preemption questions in the future.

Entertainment Bankruptcies: The Copyright Act Meets the Bankruptcy Code
      Schuyler M. Moore, 48(2): 567–609 (Feb. 1993)
This Article discusses the interplay of the Bankruptcy Code and the Copyright Act. The author discusses the nature of copyright laws in the United States and in foreign countries from the perspective of the licensee and the licensor and then explores the manner for obtaining and perfecting a security interest in copyrights. The author also explores the treatment of copyright licenses as "executory contracts" under the Bankruptcy Code and the manner for determining the ownership of licensed rights in a bankruptcy.

The Effect of Corporate Acquisitions on the Target Company's License Rights
      Elaine D. Ziff, 57(2): 767 (Feb. 2002)
Mergers and acquisitions are increasingly driven by the desire to obtain the target company's intellectual property rights-namely, patents, copyrights, and trademarks. Where, however, such rights are merely licensed to the target company, the acquirer must consider whether such rights will survive the transaction intact. The transferability of intellectual property license rights is not is not governed solely by general contract principles, due to federal policies that support authors and inventors. This Article examines the specialized body of precedent dealing with the assignability of intellectual property license rights under a variety of acquisition structures, including asset sales, mergers, and stock purchases. Understanding the factors that have influenced courts in this area will assist practitioners in assessing the risk of whether the target company's license rights will be adversely affected by the consummation of the transaction.

Task Force Introductory Report and Background Considerations Model Intellectual Property Security Agreement
     Model Intellectual Property Security Agreement Task Force, Commercial Finance committee and Uniform Commercial Code committee, ABA Business Law Section, 771(3): 849-932 (Summer 2016)