X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Recently, U.S. District Judge Joseph Greenaway the Northern District of New Jersey, in a most unusual copyright infringement case, held that an exchange of e-mail does not fulfill the signed writing requirements of � 204 of the 1976 Copyright Act. [FOOTNOTE 1] Given the rapidly developing ways of the Internet marketplace, this may not always be the case. However, it is, for now, the only federal case that appears to deal with this emerging technology issue. [FOOTNOTE 2]

Plaintiff Corky Ballas, a U.K. resident, commenced a lawsuit in New Jersey state court as a contract case. Defendant Gennaro Tedesco, a music producer with a recording studio and production company, removed the case to federal court alleging the case concerned ownership rights in Mr. Tedesco’s copyrighted sound recordings. The plaintiff had alleged that the e-mails exchanged by the parties, combined with payment of money to Mr. Tedesco, either created a joint work, a work for hire or a license of the copyrights to Mr. Ballas by contract. However, the court held that defendants prevailed on their defensive copyright claim and were entitled to retain ownership of the sound recordings.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.