David Gurwin

David Gurwin

Buchanan Ingersoll & Rooney PC

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SPINAL TAPPED OUT: Harry Shearer’s Lawsuit is No Laughing Matter

For many of us, This is Spinal Tap remains the benchmark (if not the first great example) of the so-called “Mockumentary” genre of film. Since its first release in 1984 (it had a subsequent theatrical release thereafter) to...more

10/26/2016 - Compensatory Damages Copyright Film Industry Punitive Damages The Copyright Act Young Lawyers

The New European Union-U.S. Data Privacy Shield…Is It Right for You?

U.S. companies with transatlantic operations should carefully balance the need to transfer personal data about European customers and employees from Europe to the U.S. in light of the increased burdens and cost of compliance...more

10/12/2016 - Data Protection EU EU-US Privacy Shield FTC International Data Transfers Personal Data Popular U.S. Commerce Department US-EU Safe Harbor Framework

Star Trek Fan Film: Yes, It WILL Boldly Go

As I reported in a recent blawg post, a Federal court in Los Angeles was set to decide just how far the Star Trek universe’s copyright reach extends. In the case of Paramount Pictures Corporation v. Axanar Productions, Inc.,...more

5/26/2016 - Amicus Briefs CBS Copyright Infringement Paramount Pictures Star Trek

Stairway To Heaven: Did Led Zeppelin Spirit It Away?

Last year, I wrote a post about a case that was about to be filed challenging the authorship of Led Zeppelin’s rock classic, “Stairway to Heaven.”. Two weeks after that post, a lawsuit was filed in Los Angeles Federal...more

4/21/2016 - Copyright Copyright Infringement Led Zeppelin Motion for Summary Judgment Music Industry Young Lawyers

Star Trek Fan Film: Will It Boldly Go?

A Federal court in Los Angeles is set to decide just how far the Star Trek universe’s copyright reach extends. In an interesting case that is being closely followed in the entertainment industry, Paramount Pictures...more

3/30/2016 - CBS Copyright Infringement Fair Use Paramount Pictures Star Trek

Hey, Can You Keep a Secret?

Non-Disclosure Agreements (variously also referred to as NDAs, Confidentiality Agreements, Secrecy Agreements, Trade Secret Agreements, etc.) (“NDAs”) can be an important form of protection for a startup venture in need of...more

2/18/2016 - Entrepreneurs Non-Disclosure Agreement Startups Trade Secrets Venture Capital

FAN ART: Tribute or Tribulation?

“Fan Art”—you’ve probably seen it and didn’t know it. Maybe you’ve even purchased it, not knowing it wasn’t legally created. So what is it, exactly? Fan art is art created by fans of characters that were originally created by...more

1/20/2016 - Copyright Infringement Derivative Works Fair Use Trademarks

European Court Invalidates Safe Harbor for Transatlantic Personal Data Transfer

An October 6, 2015 decision by the European Court of Justice (ECJ) could significantly alter the framework by which U.S. companies transfer data across the Atlantic, as the ECJ found the EU-U.S. Safe Harbor framework (the...more

10/22/2015 - Article 29 Working Group Binding Corporate Rules Data Protection Authority EU EU Data Protection Laws European Court of Justice (ECJ) International Data Transfers Model Contracts US-EU Safe Harbor Framework

The Aereo of its Ways: The U.S. Supreme Court Rules in Favor of Broadcasters

In a 6 to 3 decision, the United States Supreme Court, in the case of American Broadcasting Cos., Inc., et al. v Aereo, Inc., has just ruled that Aereo, an Internet service that allows customers to watch free broadcast TV...more

6/27/2014 - ABC ABC v Aereo Aereo Broadcasting Cable Television Providers Copyright Copyright Infringement Public Performance Rights SCOTUS The Copyright Act

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