It is clear that there is no immunity under the Communications Decency Act of 1996 for copyright, patent and trademark law. What remains an open question ' and the subject of conflicting judicial interpretations ' is whether state intellectual property claims such as appropriation of rights of publicity are barred.
The e-book format continues to be a growing force in book publishing. Worldwide sales are predicted to reach nearly $10 billion by 2016 ' compared to $3.2 billion in 2011. Current publishing agreements offered by book publishers unambiguously transfer electronic rights as well as print rights. But whether licenses granted by authors in older book publishing agreements can be construed to embrace this new technology is a major question for the industry. The answer will determine whether traditional publishers, or authors and the digital startups that some of them now choose to license to, will control e-book publishing of lucrative classic titles. This
A class action filed by older television writers alleging widespread age discrimination by the Creative Artists Agency Inc. (CAA) settled recently, marking the end of related litigation against the major players in the entertainment industry.
In 2009, the U.S. District Court for the Northern District of California startled copyright owners in ruling that, to comply with the "good faith" requirement the DMCA, content proprietors must conduct a fair-use copyright analysis of unlicensed online uses of their works prior to sending a takedown notice. Now a federal magistrate for the U.S. District Court for the District Montana has adopted the Lenz fair use rule.
A recent opinion issued by the DOJ brought New Jersey residents a step closer to being able to participate in legal online gaming. But for the games to begin, the state legislature must pass a bill that Gov. Chris Christie believes satisfies state constitutional requirements.
A Long Island resident who bought 50,000 pairs of tube socks from a Florida-based "closeout" merchandiser can pursue a claim against the supplier in New York court, a judge has ruled.
The proposal would unify EU data-protection regulations among member states. This change would allow closer cooperation among law-enforcement agencies and courts in EU member nations to protect data, safely share citizens' personal data only among authorized parties, and help police detect and catch personal-data privacy violators.
The law is, no question, significant ' even record-setting ' patent legislation. For proponents, the new law holds the promise of accomplishing two things, each of which is potentially profound, and each of which applies not only to traditional markets, but to e-commerce as well.
Who's doing what; who's going where.
Highlights of the latest franchising news from around the country.
