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The Copyright Office's Revised Compendium's Views on Digital Content, Copyrightability
Much has been written about the so-called “monkey selfie” and the dispute about whether nature photographer David Slater owns a photo snapped by a macaque monkey. The popular story sprung out of the U.S. Copyright Office's proclamation, in its new draft Compendium of U.S. Copyright Office Practices, that it will not register works produced by “nature, animals or plants.” But as entertaining as that story is, there are more practical and far-reaching consequences that arise out the Copyright Office's overhaul of its standards and practices. This is especially true for the type of digital and Internet-based businesses and technologies that operate on the entertainment industry landscape. This article identifies some of those issues ' and raises questions that remain as the Copyright Office works to finalize and implement its new standards by the end of 2014.
In August 2014, the Copyright Office released its first revision to the Compendium in nearly three decades. The Compendium is used by Copyright Office staff as a general guide to policies and procedures ' and it's a good resource for businesses and practitioners seeking copyright protections. And while the Compendium has no legal force in court, it could potentially serve as persuasive authority in copyright litigation, similar to the way the U.S. Patent and Trademark Office's Manual of Patent Examining Procedure is cited in patent litigation.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.