tag:blogger.com,1999:blog-7923005810906159036.post5756510044383981105..comments2024-03-05T15:48:10.814+00:00Comments on IP finance: What is the (Copy)right way to Maximise IP Rights upon Insolvency?Anne Fairpohttp://www.blogger.com/profile/02579190868405783459noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-7923005810906159036.post-60921396010357886202009-06-19T16:13:59.055+01:002009-06-19T16:13:59.055+01:00This is an interesting, and fascinating, contrast ...This is an interesting, and fascinating, contrast to US bankruptcy practice. I need say only one word as an example:<br /><br /><i>Spider-Man</i><br /><br />(And, in fact, due to the confidentiality provisions in several settlements, that's literally <b>all</b> I can say on the subject of ownership of rights including copyright to the script for the film of that name.)<br /><br />I'd like to point out two complications in US practice that do not appear to be so significant in UK practice... or maybe I'm just not sophisticated enough in the UK's insolvency proceedings, which is more than possible!<br /><br />(1) The UK is fortunate in not having a statutory work for hire doctrine in its copyright law, which changes the identity of the "author" to the patron. Now imagine trying to determine who has the right to allow derivative works to be made after that "author" dies through a bankruptcy (insolvency) proceeding, but the natural person who (but for the WFH doctrine) actually "created" the work in question is still alive... and the paperwork is as sloppy as things usually are in a company that went under through court proceedings...<br /><br />(2) Speaking of sloppy paperwork, it can be maddening to figure out where literary rights and copyrights ended up when the bankruptcy attorney who handles things for the debtor doesn't schedule those rights anywhere in the bankruptcy petition (they ordinarily belong as executory contracts or assets/liabilities).CEPhttps://www.blogger.com/profile/06970221836704655630noreply@blogger.comtag:blogger.com,1999:blog-7923005810906159036.post-39519911876787824092009-06-17T15:25:20.373+01:002009-06-17T15:25:20.373+01:00LO'C is one of the leading bloggers on IP issu...LO'C is one of the leading bloggers on IP issues and her articles are prescient, readable and comprehensive. Essential reading for any aspiring, budding or actual IP lawyer.Unknownhttps://www.blogger.com/profile/06502508098715258756noreply@blogger.com