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Features

Swedish Music Industry Views as European Union Countries Work on Drafting Home Laws for Enacting EU Copyright Directive Image

Swedish Music Industry Views as European Union Countries Work on Drafting Home Laws for Enacting EU Copyright Directive

Stan Soocher

This article is Part One of a two-part article This article examines the Copyright Directive and music-industry structure issues through the lens of Sweden, which has both a robust music business and a strong technology sector, two divergent perspectives in the development of the directive.

Features

Exercising the Extraterritorial Limitation on U.S. Copyright Law Image

Exercising the Extraterritorial Limitation on U.S. Copyright Law

Robert J. Bernstein & Robert W. Clarida

A necessary element of secondary liability claims is an underlying infringement of U.S. copyright law by a third party. If the activities abroad are not subject to the law, the predicate direct infringement required for the imposition of secondary liability cannot be established.

Features

'Vanicorn' Lawsuit Filed over Pixar, Disney Film Image

'Vanicorn' Lawsuit Filed over Pixar, Disney Film

Scott Graham

A unicorn-loving tattoo artist alleges that Pixar and Disney have tricked her into letting them use her "Vanicorn" in the upcoming film Onward. Her suit accuses the companies of copyright infringement, and violations of state and federal laws protecting artwork.

Features

When Are Short Phrases in Songs Protectable? Image

When Are Short Phrases in Songs Protectable?

Robert W. Clarida & Robert J. Bernstein

It's a common fact pattern: A songwriter alleges that another songwriter has infringed the lyrics of Song A by using a similar short phrase, frequently a current slang phrase, in the lyrics of Song B. Claims like this do not often succeed because "words and short phrases such as names, titles, and slogans" are "not subject to copyright."

Features

How Judges Are Interpreting Supreme Court's Copyright 'Registration' Ruling Image

How Judges Are Interpreting Supreme Court's Copyright 'Registration' Ruling

Stan Soocher

In Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, the U.S. Supreme Court held that, under 17 U.S.C. §411(a), "registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright" — that is, acts on a registration application, rather than when an applicant delivers the registration materials to the Copyright Office.

Features

Challenges to Evidence of Copyright Ownership Image

Challenges to Evidence of Copyright Ownership

Stan Soocher

There has been a long-term debate over whether sound recordings can be copyright works made for hire. Sound recordings don't appear in the list of works for hire set out in §101 of the Copyright Act of 1976, though record labels argue recordings can be deemed so as a "compilation" or a "contribution to a collective work," per §101.

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.

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