This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Kenneth Kunkle, esq is licensed in the state of Minnesota and is located in the Twin Cities.
Links on this web site are provided as a public service, they are intended, but not promised or guaranteed, to be correct, complete, and up-to-date. Additionally, links from this site should not be viewed as an endorsement or referral to the linked entity.
Category Archives: Licensing
First off, I am not a “Gleek”; however after watching a recent episode with my family, I got to thinking about what a great illustration about copyright law that the show and the production of the show provides. The first … Continue reading
In what is perhaps a fitting end to the only copyright case before the Supreme Court during this term, the Court sitting without Justice Kagen issued its first split decision of the term – leaving the issue of “gray-market” goods … Continue reading
Last week the 8th Circuit Court of Appeals (which covers Minnesota) ruled in Thomsen v. Famous Dave’s of Am., a case involving a copyright infringement claim by an independent signage designer that designed and built various signs and interior elements … Continue reading
Whether you have partners, or are contracting for royalties from another party, one of the most common provisions in any licensing & partnership contracts is one that provides a means and method of keeping financial records of the project or … Continue reading
I recently had the opportunity to consider whether a US artist with airplay in Europe would be better served to find a publisher or to simply hire an agency to administer his rights overseas. While it is hard for any … Continue reading
One issue that people often overlook when drafting agreements involving creative works is the copyright concept of “work for hire.” Failing to come to a clear understanding of the parties intention can cause unnecessary conflict that neither party really benefits … Continue reading
Users of Creative Common’s licenses beware! Chang v. Virgin Mobile USA, LLC 2009 WL 111570 (N.D.Tex. January 16, 2009) Texas plaintiffs posted a photo to a popular picture sharing website using a Creative Commons licenses. The photo was then down … Continue reading
An interesting case was recently filed involving baseball card manufacturer Don Ross and Major League baseball. Among several counts involving, minor league players, retired players and current players is a claim that that Donruss inappropriately used the trade dress of … Continue reading