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Columns & Departments

Players on the Move Image

Players on the Move

Dan Clark

Copyright Office General Counsel Moves to MPAA

Features

Supreme Court, Finally, Takes Up Google v. Oracle Image

Supreme Court, Finally, Takes Up Google v. Oracle

Scott Graham

The U.S. Supreme Court has jumped into a titanic copyright battle between Oracle Corp. and Google LLC with both barrels. The court's involvement is sure to reignite a 50-year-old debate over how much, if any, software should be subject to copyright, and the contours of the fair use defense in the digital age.

Features

Photo Cases Test Copyright Law and Embedded Tweets Image

Photo Cases Test Copyright Law and Embedded Tweets

Raychel Lean

A New Yorker who settled a copyright lawsuit against several news outlets over a photo he took of star quarterback Tom Brady and Boston Celtics manager Danny Ainge has struck again. This time he's suing a radio station owner in Florida federal courts in a case that could test the boundaries of an emerging area of copyright law, raising major questions about how media companies incorporate social media posts into online stories.

Features

Filers Beware: No Expedited Discovery in Copyright Suits Image

Filers Beware: No Expedited Discovery in Copyright Suits

Charles Toutant

Litigation tactics employed by frequent filers of copyright infringement suits may face heavy criticism in light of a recent ruling by a federal judge in New Jersey.

Features

Sparks From En Banc Arguments In Song Suit Against Led Zeppelin Image

Sparks From En Banc Arguments In Song Suit Against Led Zeppelin

Scott Graham

There was much harmony along with a few discordant notes as an en banc panel of the U.S. Court of Appeals for the Ninth Circuit took up the copyright case involving Led Zeppelin's "Stairway to Heaven."

Features

Fourth Circuit Rules that Website's Unauthorized Posting of Stock Photograph Was Not 'Fair Use' Image

Fourth Circuit Rules that Website's Unauthorized Posting of Stock Photograph Was Not 'Fair Use'

Michael W. Mitchell & Edward Roche 

The decision in Brammer v. Violent Hues sheds some light on when re-posting will be a "fair use" and when it will give rise to liability.

Features

Analysis of Warhol Art Fair Use Ruling Image

Analysis of Warhol Art Fair Use Ruling

Robert W. Clarida & Robert J. Bernstein

The U.S. District Court for the Southern District of New York held that a series of silkscreen paintings and prints by Andy Warhol based on a photograph of music legend Prince taken by Lynn Goldsmith constituted a transformative fair use.

Features

9th Circuit Says End Steinbeck Copyright Fight Image

9th Circuit Says End Steinbeck Copyright Fight

Alaina Lancaster

In a nearly half-century-long legal dispute over the rights to John Steinbeck's works, the Ninth Circuit affirmed a district court's $5 million compensatory damages award against the author's daughter-in-law but vacated punitive damages against the heir.

Features

Seeing Green: Protecting Brands In the Cannabis Industry Image

Seeing Green: Protecting Brands In the Cannabis Industry

David S. Gold

Branding is not a new concept, nor are the various intellectual property laws that protect brands. What is new to most is how this burgeoning industry can take advantage of those laws within the context of state and federal restrictions.

Features

The Interaction of International Law and U.S. Copyright–Assignment Terminations Image

The Interaction of International Law and U.S. Copyright–Assignment Terminations

Stan Soocher

That U.S. copyright-assignment termination issues are among the most complex in the copyright field becomes even more apparent when attempts to reclaim copyrights involve aspects of international law. Few courts have ruled, however, on the impact of international law on U.S. copyright-assignment terminations. The most recent to do so is the U.S. Court of Appeals for the Second Circuit in Ennio Morricone Music Inc. v. Bixio Music Group Ltd.

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