Online platforms may soon face restrictions on how they use personal data to customize content and information feeds to users. Recently proposed bipartisan legislation in the U.S. House of Representatives aims to...more
Back in 1991, when mobile phones were a luxury item weighing about two pounds and dial-up internet was getting ready to hit the market, Congress passed the Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA), with an...more
Here is a seemingly trending tale in Hollywood: A film production has cast the lead role. The press release has been made. The news is trending on social media. Investments are starting to pour in. But then controversy...more
By Emilio NicolasEmbedding an image online without permission could violate EU copyright law, says the EU’s high court in a decision issued on March 9, 2021. Article 3(1) of the EU’s Directive 2001/29 grants copyright owners...more
Signed into law on December 27, 2020, the Consolidated Appropriations Act, 2021 contained more than just COVID-19 relief and federal government funding. The omnibus bill also included two significant pieces of copyright...more
In a recent decision, Romag Fasteners, Inc. v. Fossil, Inc., No. 18-1233, — S.Ct. —-, 2020 WL 1942012 (U.S. Apr. 23, 2020), the U.S. Supreme Court unanimously held that willfulness is not a categorical precondition to an...more
4/28/2020
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Willful Infringement
As 2019 draws to a close, we begin reflecting on a seminal year for copyright law. The year brought us a pair of unanimous Supreme Court decisions, the expansion of works in the public domain for the first time in 20 years,...more
Copyright litigants should take note of the pair of unanimous decisions handed down by the Supreme Court on Monday: Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, No. 17-571, 2019 LEXIS 1730 (Mar. 4, 2019), and...more
3/8/2019
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Next month marks the 20th anniversary of an important milestone in new media history with the enactment of the Digital Millennium Copyright Act (DMCA). Signed into law on October 28, 1998, the DMCA was the federal...more
Let’s set the scene: My new company develops a smart toothbrush from the ground up. It brushes your teeth, provides you with real-time information about your dental health while you brush, and even provides targeted...more
9/21/2018
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California recently, and quickly, passed the strictest data privacy law in the land: the California Consumer Privacy Act of 2018 (AB-375). Businesses now have less than 18 months to reassess their consumer privacy policies...more
7/11/2018
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We are only three months away from the December 31, 2017 deadline for websites and other online service providers to redesignate their DMCA agents under the U.S. Copyright Office’s new online registration system. This is an...more
When it comes to the right of publicity, it helps to keep tabs on California law. The right to prevent the unauthorized commercial use of a person’s name, likeness or other indicia of identity may vary from state-to-state....more
This week the U.S. Supreme Court held the “disparagement clause” – a federal trademark provision that prohibits the registration of a trademark “which may disparage” . . . persons, . . . , institutions, . . . beliefs, or...more
6/21/2017
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As online businesses and technologies evolve, so do the laws affecting them. On January 1, 2014, a new law amending the California Online Privacy Protection Act ("CalOPPA") went into effect. See CAL. BUS. & PROF. CODE §§...more
Originally published in the ABI Journal, Vol. XXXII, No. 2, March 2013.
Delaware Local Bankruptcy Rule 9010-1 governs bar admissions and limits unfettered practice before its courts to those attorneys “admitted to practice...more