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Copyrights

  • In September, the European Parliament passed a new draft of the European Union (EU) Copyright Directive legislation championed by content creators and publishers, but decried by tech behemoths. The directive will have to go through more committee discussions and another parliamentary vote before it can become law, but this doesn't mean the polarizing legislation isn't already making in-house counsel nervous.

    October 01, 2018Dan Clark
  • We asked University of Idaho College of Law Professor Annemarie Bridy, one of the forefront experts in both DMCA and automated notice sending, about out of control bots, DMCA takedowns' potential threat to freedom of speech and more.

    October 01, 2018Ian Lopez
  • Recently, the Southern District of New York resolved a question that neither the Southern District nor the Second Circuit had ever squarely faced: Can the lawful owner of an art object create and post a photograph of that object in connection with the sale of the object through an online platform such as eBay, without the permission of the owner of copyright in the object?

    October 01, 2018Robert W. Clarida and Robert J. Bernstein
  • Over the summer, a divided panel of the Ninth Circuit affirmed the denial of a new trial motion and an order denying rehearing en banc in Williams v. Gaye. We now consider whether the final affirmance of the jury verdict in favor of Marvin Gaye's heirs is likely to wreak havoc on musical creativity as some, including the dissent, have argued. For us, the short answer is no.

    September 01, 2018Robert J. Bernstein and Robert W. Clarida
  • Advances in UI Design Can Provide Key Competitive Differentiation and Advantage, Which Makes Protecting Them Critically Important from a Business Perspective

    Advances in UI design can also provide key competitive differentiation and advantage, helping to distinguish otherwise commoditized products and services such as computers, Web services, wearables, and appliances. Given this advantage, protecting advances in UI design can also be critically important from a business perspective.

    September 01, 2018Lawrence H. Aaronson and James L. Korenchan
  • Katy Perry Defendants Denied Summary Judgment in Copyright Infringement Action Over “Dark Horse”
    Former Percussionist for The Roots Can Proceed with Lanham Act and Publicity Rights Claims Against the Band

    September 01, 2018Stan Soocher
  • Supreme Court Grants Cert to Resolve Circuit Split on Registration Prerequisite for Filing Suit under Copyright Act

    Although the term “registration” as used in the Section 411(a) of the Copyright Act does not immediately appear to be ambiguous, courts have reached differing conclusions as to its meaning.

    August 01, 2018James A. Trigg and Chris Bussert
  • Jerry Lee Lewis Gets Extended Discovery Time in Management Litigation Against His Daughter
    Three-Year Statute of Limitations Argument Doesn't Bar Claims to Copyright Renewal Terms
    Ticketmaster Prevails With “Striking Compatibility” Claim in Copyright Suit Over Ticket Bots

    July 01, 2018Stan Soocher
  • Broadcasters around the globe know that Americans want access to digital content and that they often ignore who provides it to them. For business reasons, tax reasons or to try to avoid liability under copyright law, many of these broadcasters intentionally do not set up operations in the United States. However, when these broadcasters transmit content for which they do not have authorization, they may be in violation of the copyright holder's rights.

    June 01, 2018Scott D. Locke and Laura-Michelle Horgan