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Features

Monopolizing the Disruptive Image

Monopolizing the Disruptive

Arthur Beeman

<i><b>The Federal Circuit's Threat to Software Innovation in the </i>Oracle v. Google<i>Decisions</i>&lt;</b><p>The Federal Circuit decisions in the Oracle v. Google copyright case rattled Silicon Valley not simply because the decisions upended software developers' understandings of copyright law, but also because the decisions do not comport with the disruptive ethos of the technology industry.

Columns & Departments

IP News Image

IP News

Christine E. Weller

In celebration of International Women's Day two years ago, State Street Global Advisors unveiled Fearless Girl at Bowling Green in the Financial District in Manhattan. Commissioned by State Street from the artist Kristen Visbal, the work has since become a part of the zeitgeist amidst global conversations about gender parity, diversity, and inclusion on a broader scale. Now, some two years later, Fearless Girl is raising additional intellectual property questions.

Features

25 Years After: Campbell v. Acuff-Rose and the State of Copyright Fair-Use Controversies Image

25 Years After: Campbell v. Acuff-Rose and the State of Copyright Fair-Use Controversies

Stan Soocher

On March 7, 1994, the U.S. Supreme Court decided for the first time that a parody may be a copyright fair use. In the 25 years that followed, the High Court's unanimous 9-0 ruling in Campbell v. Acuff-Rose Inc., has been cited in more than 500 court decisions. But the Supreme Court's pronouncement left questions and controversies in its wake.

Features

Second Circuit Affirms 'ReDigi': No 'Resale' of Digital Music Files Image

Second Circuit Affirms 'ReDigi': No 'Resale' of Digital Music Files

Robert J. Bernstein & Robert W. Clarida

The U.S. Court of Appeals for the Second Circuit recently issued a long-awaited ruling in <i>Capitol Records LLC v. ReDigi Inc.</i>, affirming summary judgment in favor of Capitol Records and its record label co-plaintiffs in a case that raised issues of first impression concerning first sale and fair use in the age of digital music distribution.

Features

UMG v. Grande Communications: Another Victory for the Music Industry in Its Battle to Hold ISPs Liable for Peer-to-Peer File Sharing Image

UMG v. Grande Communications: Another Victory for the Music Industry in Its Battle to Hold ISPs Liable for Peer-to-Peer File Sharing

J. Alexander Lawrence

Since the advent of the Internet, the music industry has been in a pitched battle to combat online piracy. Initially, the industry focused on shutting down services that offered peer-to-peer or other similar platforms, such as Napster, Aimster and Grokster. For a time, the industry also focused on filing claims against individual infringers to dissuade others from engaging similar conduct. In recent years, the industry seems to have shifted focus toward Internet Service Providers.

Columns & Departments

IP News Image

IP News

Howard Shire & Christine Weller

Kapoor v. National Rifle Association of America

Features

Perfecting Film Financiers' Liens in Copyrights Image

Perfecting Film Financiers' Liens in Copyrights

Bruce Goldner

The law on how to perfect a lien in a copyright application is foggy at best. This article sketches out pitfalls of the current process for perfecting a lien on a copyright application, and potential steps that a financier may take to help perfect and protect a film investment.

Features

Decision of Note: 6th Cir. Says No 'Magic Words' to 'Elect' Copyright Statutory Damages Image

Decision of Note: 6th Cir. Says No 'Magic Words' to 'Elect' Copyright Statutory Damages

Stan Soocher

The U.S. Court of Appeals for the Sixth Circuit decided that §504 of the U.S. Copyright Act doesn't require any “magic words incantation” for a copyright infringement plaintiff to choose a statutory damages award, that “[t]he word 'elect' does not by itself require formal procedures.”

Features

SCOTUS Hears Arguments on Copyright Registration Approvals Image

SCOTUS Hears Arguments on Copyright Registration Approvals

Scott Graham

While hearing January 2019 oral arguments before it, the U.S. Supreme Court sounded inclined to resolve a circuit courts' split over copyright registration procedures against copyright holders.

Features

Making Sense of YouTube's Monetization Policies Image

Making Sense of YouTube's Monetization Policies

Gwendolyn Seale

This article delves into YouTube's policies for channel monetization, explores the different streams of revenue an artist or creator may be entitled to receive for their works, and offer suggestions to indie creators and more established creators, so they can meet these new thresholds.

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