U.S. Supreme Court Will Hear Political Football Section 230 Case — Why This One?
February 01, 2023
The Supreme Court has decided in the context of national security to consider the parameters of, and possible limits to, "Section 230" liability protections for social media companies. The question is why this case? The Supreme Court has decided to accept a case that, while sounding narrow and technical, actually goes to the heart of the way many Internet platforms operate — algorithmic targeted content recommendations.
Fair Use of Embedded Content on Social Media
February 01, 2023
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.
Fresh Filings
January 01, 2023
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Online Harassment In the Workplace
December 01, 2022
As businesses expand their use of augmented reality games for the purpose of meeting and recruitment, internet harassment has become more prominent, particularly workplace sexual harassment.
A New Stage for Online Copyright Infringement Disputes
December 01, 2022
Copyright holders would be well advised to familiarize themselves with the Copyright Claims Board for resolving copyright infringement claims and to consider its benefits and potential downsides in bringing or defending copyright infringement actions.
Fight Stream Distributor Can Pursue Claim Against TN Grill
November 01, 2022
In a matter of first impression, the Sixth Circuit sided with a third-party sporting events distributor by finding the distributor has standing to sue a Kingsport, TN, bar under the U.S. Copyright Act for livestreaming a 2017 boxing match between Floyd Mayweather and Conor McGregor without the proper licensing.
Report on Oral Arguments At Supreme Court In 'Warhol' Case
November 01, 2022
During the recent oral arguments before it, the U.S. Supreme Court sounded open to extending more fair use protection to an Andy Warhol painting of rock icon Prince than the U.S. Court of Appeals for the Second Circuit did.
WTF? The Board Weighs In on Failure to Function Refusals
November 01, 2022
Many trademark practitioners have noted the USPTO's recent penchant for issuing refusals to register trademarks on the ground of failure to function as a trademark. The Trademark Trial and Appeal Board picked a colorful case to set precedent and provide some initial guidance on how it will evaluate failure-to-function refusals going forward.