Features
Music Rates and Royalties In 2023
Part One of a Two Part Article A look at the most important music rate and royalty areas, both past, present and future and how and by whom they are set or determined as well as the effect that legislation, litigation, the Copyright Royalty Board and the Department of Justice have had on the process.
Columns & Departments
IP News
Federal Circuit: Prosecution Laches Applies to Patent Claiming 1987 Priority Date Federal Circuit: Appellate Court Lacks Jurisdiction Over Interlocutory Appeal of Protective Order Dispute
Columns & Departments
Podcast: Crypto's Rocky IP Future
Listen in on a post-webinar chat on "The Crypto Landscape: Post-FTX," with Blockchain Legal LLP partner Aaron Krowne and counsel Ali Derie, along with veteran entertainment industry lawyer Eric S. Goldman, about cryptocurrency's rocky recent past (and present) as well as its still-promising, if uncertain, future.
Features
Impersonation on Social Media: The Increasing Challenges of Verification
The recent flurry of online impersonators, ranging from accounts posing as President Joe Biden to the pharmaceutical company Eli Lilly, exposes the challenges of social media platforms' verification and authentication processes.
Features
The Difference Between 'Covenant' and 'Condition Precedent' In Song Licensing Agreements
A question of law arose for a District Judge when a songwriter sued YouTube, claiming she never approved licensing her works to YouTube — whether the administration agreement's notice-and-consent clause was a condition precedent to the administrator's ability to license the songwriter's songs.
Features
Fair Use of Embedded Content on Social Media
The change in character of social media, from purely social communication to a mixture of the social and commercial, has had knock-on effects for courts applying traditional legal principles, notably, the application of copyright law.
Features
How the Changing Concept of 'Work' May Jeopardize Employers' IP Ownership
A key step to ensure that employers own their intellectual property is having employees sign agreements which assign to the employer all intellectual property created in the course of employment.
Columns & Departments
IP News
Patent Infringement and Trade Dress In the Ninth Circuit
Columns & Departments
Live Webinar: The Crypto Landscape Post-FTX
"The Crypto Landscape Post-FTX," Feb. 15 at 4 p.m. ET, NY Cyber CLE credits available.
Features
Is Trademark Protection Going to the Dogs?
The Ninth Circuit held in VIP Prods. LLC v. Jack Daniel's Properties that VIP's "Bad Spaniels" dog toy mimicking the appearance of a Jack Daniels whisky bottle was protected expression under the First Amendment. The Supreme Court granted cert in November 2022 to consider the principal question whether humorous use of another's mark on a commercial product should be assessed under Rogers or the traditional multipart test of likelihood of confusion.
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