Our Guest Bloggers for November

There is frost on the pumpkin, so it must be time to welcome our guest bloggers for the month of November.

Our Alumni Blogger of the Month is Stacy Alexejun.  Stacy is a litigation attorney in the Madison office of Quarles & Brady LLP.  She focuses her practice on product liability defense and intellectual property litigation, with an emphasis in trademark, trade secret, copyright, and unfair competition matters.  Before joining Quarles, Stacy clerked for three terms for Justice Annette Kingsland Ziegler of the Wisconsin Supreme Court.  She is a 2009 graduate of Marquette University Law School and has a B.A. in English from the University of Wisconsin.  She and her husband Brad have a 20-month-old daughter, Lucille.

Our Student Blogger of the Month is Samantha Feak.  Samantha is originally from Sagola, Michigan.  She attended the University of Wisconsin-Milwaukee and graduated with a degree in international politics and U.S. foreign relations.  She served as a Summer Law Fellow at the Milwaukee Justice Center and has been active in both the American Association for Justice and the Wisconsin Association for Justice.

Welcome and we look forward to your posts!

 

 

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Entrepreneurs Say They’re Bullish on Milwaukee, But Startup Scene Needs More

Just the fact that the second annual Startup Week Milwaukee will begin on Monday, Nov. 6, along with the first Startup Week Wisconsin (with programs in nine cities, plus Milwaukee), says that there is increasing energy and importance attached to launching businesses and encouraging entrepreneurs here.

At least business start-ups are creating more buzz around Wisconsin these days than they did for many years.

But there is a lot to be done to make the entrepreneurial climate comparable to that of some other places. In recent years, both Milwaukee and Wisconsin have been near the bottom of rankings for business startups.

Thoughts on both the increased momentum for startups and what needs to be done to move things farther were offered Thursday in an “On the Issue with Mike Gousha” program at the Lubar Center in Eckstein Hall. Three entrepreneurs involved in startups in the Milwaukee area described evidence that the landscape is improving. They said they expect that by several years from now, the rankings for Milwaukee and Wisconsin will be more encouraging.

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The Copyright Act: Standing and “Right to Sue” Assignments

The symbol representing a copyrighted work, which is the letter "C" within a closed circle.Every now and then, plaintiffs attempt to leap into the shoes of a copyright holder by obtaining permission from the copyright owner to sue an alleged third party infringer.  But these type of bare “right to sue” assignments in many instances fall short of what is required under federal law.

Enforcement Action Rights under the Copyright Act

According to the federal Copyright Act, only “[t]he legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it.”  17 U.S.C. § 501(b) (emphasis added).

The Copyright Act lists the following exclusive rights of the owner of a copyright:

(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

17 U.S.C. § 106. But “a person holding a non-exclusive license is not entitled to complain about any alleged infringement of the copyright.”  HyperQuest, Inc. v. N’Site Sols., Inc., 632 F.3d 377, 382 (7th Cir. 2011).  In order words, to have the requisite standing to sue, a plaintiff must exclusively own one of the enumerated rights listed above.  Consequently, enforcement actions are limited to the specific rights exclusively owned.   For example, a plaintiff who owns the exclusive rights to perform a literary work can only sue to enforce that specific rights. Such a plaintiff, cannot go after alleged infringers making unauthorized copies of the literary work.

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