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Features

'Banana' Artwork Dispute Presents Slippery Slope for Copyright Image

'Banana' Artwork Dispute Presents Slippery Slope for Copyright

Robert W. Clarida & Thomas Kjellberg

In July, the U.S. District Court for the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, a decision that began by posing the question: "Can a banana taped to a wall be art?"

Features

One Banana, Two Banana: Can a Banana Taped to a Wall Be Copyright Protected Art? Image

One Banana, Two Banana: Can a Banana Taped to a Wall Be Copyright Protected Art?

Robert W. Clarida & Thomas Kjellberg

On July 7, 2022, the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, which began by posing the following question: "Can a banana taped to a wall be art?"

Features

Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages, Ninth Circuit Rules Image

Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages, Ninth Circuit Rules

Stan Soocher

How far back from accrual of a claim may a plaintiff reach for copyright damages?

Columns & Departments

IP News Image

IP News

Howard Shire & Stephanie Remy

Copyright Standing and Fifth Circuit Trade Dress Factors

Features

'To Kill a Mockingbird''s State Adaptation Rights Results In Ambiguity Battle Image

'To Kill a Mockingbird''s State Adaptation Rights Results In Ambiguity Battle

Stan Soocher

A current dispute over contract language in grants to different parties for theatrical adaptations of the classic 1960 novel "To Kill a Mockingbird" is an apt example of what can happen if contract language isn't specific enough.

Features

State Law Requiring Offer to License Conflicts With Copyright Act Image

State Law Requiring Offer to License Conflicts With Copyright Act

Allison Dunn

A federal judge has sided with the Association of American Publishers (AAP), finding in June that a recently enacted Maryland library e-book law conflicts with federal copyright laws.

Features

Second Circuit Interprets 'Executed By the Author' In Copyright Act's §203 Grant Termination Provision Image

Second Circuit Interprets 'Executed By the Author' In Copyright Act's §203 Grant Termination Provision

Stan Soocher

Composers of pre-1978 works often assigned both the initial and renewal copyright terms in their works when signing songwriter agreements with music publishers. But what happens when a grant of the copyright renewal term of a pre-1978 work has been made post-1977?

Features

'Executed By the Author' In Copyright Act's §203 Grant Termination Provision Interpreted By Second Circuit Image

'Executed By the Author' In Copyright Act's §203 Grant Termination Provision Interpreted By Second Circuit

Stan Soocher

Composers of pre-1978 works often assigned both the initial and renewal copyright terms in their works when signing songwriter agreements with music publishers. But what happens when a grant of the copyright renewal term of a pre-1978 work has been made post-1977?

Features

Commentary: What the Music Industry Can Learn from Cable When It Comes to ISPs and Infringement Image

Commentary: What the Music Industry Can Learn from Cable When It Comes to ISPs and Infringement

Keith Hauprich

In the last two decades, the music industry and, more specifically, songwriters, producers and recording artists have been losing the value of their efforts to online piracy. Perhaps a business-to-business solution can be found between the music industry and cable providers.

Features

Commentary: How the Music Industry Can Learn from Cable When It Comes to ISPs and Infringement Image

Commentary: How the Music Industry Can Learn from Cable When It Comes to ISPs and Infringement

Keith Hauprich

In the last two decades, the music industry and, more specifically, songwriters, producers and recording artists have been losing the value of their efforts to online piracy. Perhaps a business-to-business solution can be found between the music industry and cable providers.

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