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In the opening paragraph of Flo & Eddie v. Sirius XM Radio, No. 17-55844, decided Aug. 23, 2021, the Ninth Circuit aptly described the “patchwork quilt of federal and state copyright laws” governing pre-1972 sound recordings as a “ball of confusion,” borrowing the title of a classic 1970 Temptations record. (The remainder of the Ninth Circuit’s opinion incorporates the titles of many other pre-1972 recordings into its analysis, all shown in boldface type in the discussion that follows.) The opinion resolves an eight-year, multi-Circuit class action brought by owners of pre-1972 recordings (collectively, Flo & Eddie) against satellite radio provider Sirius XM, with plaintiffs asserting — ultimately without success — a right to be paid royalties for defendant’s past digital transmissions of their pre-1972 recordings.
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Fourth Circuit Weighs In on Fair Use and Copyright Registration Validity
By Thomas Kjellberg and Robert W. Clarida
In Philpot v. Independent Journal Review, the Fourth Circuit found no fair use or copyright validity for a concert photographer's use of a photo of Ted Nugent as part of a collection.
USPTO Issues New Guidance On Rejecting Patent Claims for Obviousness
By Rob Maier
The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.
“Holy Fair Use, Batman”: Copyright, Fair Use and the Dark Knight
By David G. Kim and Michael K. Friedland
The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We’ll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
Intellectual Property In Legal Tech: Lessons from Recent Cases
By Brian Mack, Kevin Keller and Olga V. Mack
As technology continues to permeate the legal industry, the significance of IP in safeguarding innovations, ensuring fair competition, and fostering a culture of creative legal solutions becomes paramount.
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