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Bit Parts
February 28, 2013
No Summary Judgment for Fair Use Issue in Takedown Notice<br>Episode Viewability on Website Doesn't Establish Personal Jurisdiction<br>Taking Issue with Second Circuit Substantial Similarity Test
<b><i>Online Extra:</i></b> Common Elements of Gangster Life Not Copyrightable</b>
February 28, 2013
Gang life marked by death and prison is a common theme not subject to copyright, the U.S. Court of Appeals for the Third Circuit held in affirming dismissal of a suit by an author who claimed recording artist 50 Cent stole from his autobiography.
Court Battles over Digital Television Distribution
February 28, 2013
Aereo Inc.'s pitch is this: With one of its tiny antennas, no bigger than a dime, viewers can watch television through the Internet. But this is erupting into a litigation nightmare for broadcasters. Appeals are pending in two federal courts over this type of technology, and at least one of the cases could well reach the U.S. Supreme Court.
Major Differences In UK, U.S. Copyright Laws
February 28, 2013
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
No Fair Use Seen In Artworks About Sid Vicious
February 28, 2013
The U.S. District Court for the Central District of California decided that artworks based on a photograph of the late, infamous Sex Pistols band member Sid Vicious weren't copyright fair uses.
Can Executives and Producers Be Employees <i>and</i> Independent Contractors?
February 28, 2013
What studio executive has not also wanted to be a producer? Many start down the producer road even while continuing to serve as executives. In its own way, the IRS has just made this path a little easier.
Newegg Scores in Federal e-Commerce Patent Case
February 28, 2013
After six years of litigation, the online retailer Newegg Inc. has delivered a major blow to Soverain Software LLC, which has raked in tens of millions of dollars asserting patents related to e-commerce. Siding with Newegg in a 25-page decision issued on January 22, the U.S. Court of Appeals for the Federal Circuit invalidated three of Soverain's patents on obviousness grounds.
Integrating Trans-Atlantic Internet Medical Law
February 28, 2013
Technological developments such as videoconferencing, the Internet, store-and-forward imaging, streaming media and terrestrial and wireless communications have caused rapid changes in how electronic transmission of patient information ' <i>i.e.</i>, telemedicine ' is conducted. So, too, have legal developments in America and Europe.
Transmission Claims Under the Computer Fraud and Abuse Act
February 28, 2013
Given the allure of robust remedies in federal court, companies routinely plead CFAA unauthorized access claims ' in addition to state law causes of action for misappropriation and breach of contract ' against former employees who seek a competitive edge through the use of information misappropriated from their former employer's computer network.
March issue in PDF format
February 28, 2013
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