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Author Topic: A judgement from The Fourth Circuit  (Read 2629 times)

scraggy

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A judgement from The Fourth Circuit
« on: July 19, 2013, 10:11:56 AM »
http://www.bna.com/fourth-circuit-esign-b17179875302/

A worrying judgement that may have been useful to Getty in their case against Advernet ( in which neither side had actually signed the agreement in which the exclusive license was transferred ). Scroll down the page for the courts ruling on the registration of a collection of photographs!

Quote
The Fourth Circuit held today that the Copyright Act's requirement, at 17 U.S.C. 204(a), that transfers of copyright interests be "in writing and signed by the owner of the rights conveyed," can be satisfied by electronic means. The court said that electronic transfers of copyright interests are permissible because of the federal E-Sign Act, which provides that an electronic contract may not be denied legal effect merely because it was created by electronic means, 15 U.S.C. 7001(a)(2).

Greg Troy (KeepFighting)

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Re: A judgement from The Fourth Circuit
« Reply #1 on: July 19, 2013, 10:27:34 AM »
Good find Ian, thanks for the info I'll add it to my pile.
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

Oscar Michelen

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Re: A judgement from The Fourth Circuit
« Reply #2 on: August 08, 2013, 01:03:25 PM »
The use of an electronic signature I think is not a big deal, but it is very important the a Federal Circuit court has ruled contrary to Bean, Muench and Chaga.  The Copyright Office is actively amending and changing it rules and this decision might give it some courage to make changes in MF's favor. We are anxiously awaiting the Ninth Circuit's decision in Alaska Stock.  IF it goes the other way, this issue will head to the Supreme Court due to the conflict in Federal Appeals Circuits.

 

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