Jennifer Stanley

Jennifer Stanley

Fenwick & West LLP

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Copyright Alert: The European Union Exposes Websites to Copyright Liability for Linking to Infringing Material of Third Parties

The Court of Justice of the European Union ruled on September 8, 2016 that websites that merely link to infringing material (instead of copying it) can be liable for copyright infringement. If this decision, GS Media BV v....more

9/23/2016 - Copyright Infringement EU Hyperlink Social Media Websites

Privacy Alert: The Privacy Shield, As It Stands Today

Following the invalidation of the US-EU Safe Harbor by the Court of Justice of the European Union in October last year (see From a Safe Harbor to a Privacy Shield), the U.S. Department of Commerce and the EU Commission have...more

3/30/2016 - Data Protection Authority EU EU-US Privacy Shield International Data Transfers Self-Certification

Intellectual Property Bulletin - Winter 2016

European Union’s General Data Protection Regulation to Usher in Sweeping Changes Affecting Data Protection and Privacy Practices of European and U.S. Companies - In December 2015 the European Commission published a...more

3/16/2016 - Attorney's Fees Dismissals Disparagement EU European Commission First Amendment First Sale Doctrine General Data Protection Regulation (GDPR) Inter Partes Review Proceedings International Data Transfers Kirtsaeng v. John Wiley & Sons SCOTUS The Copyright Act USPTO

Intellectual Property Bulletin - Fall 2015

Judge Leval Illuminates Google Books Fair Use Issues - Second Circuit Affirms Summary Judgment for Defendant in Massive Copying Case - Based on the defense of fair use, the Second Circuit affirmed summary judgment...more

12/23/2015 - Author's Guild v Google Copyright Fair Use Google Books Transformativeness

Litigation Alert: The CJEU's Decision on Safe Harbor and its Effects on US Technology Companies

The CJEU’s Decision on Safe Harbor and its Effects on US Technology Companies - On October 6, 2015, the Court of Justice of the European Union (“CJEU”), the European Union’s highest court, issued a groundbreaking...more

10/9/2015 - Data Protection Data Protection Authority EU EU Data Protection Laws Facebook International Data Transfers NSA Personal Data Popular Privacy Policy Safe Harbors Schrems v Data Protection Commissioner Surveillance Technology Technology Sector US-EU Safe Harbor Framework

Litigation Alert: Lenz v. Universal Music Group – Baby Keeps on Dancin'

The Ninth Circuit has finally weighed in on the long-running saga of the “dancing baby” video case (the “baby” in the video is now a 9-year old), and its opinion could have long-lasting effects on fair use and how copyright...more

9/25/2015 - Copyright Copyright Infringement DMCA Fair Use Nominal Damages Prince Takedown Notices YouTube

Intellectual Property Bulletin - Spring 2015

California’s Eraser Law: What IP Attorneys and Owners Need to Know - Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got...more

6/23/2015 - Abstract Ideas Attorney's Fees Bad Faith Claim Construction COPPA Copyright Office DMCA Employer Liability Issues Facebook Hiring & Firing Induced Infringement Laches Minor Eraser Law Misappropriation Patents Recruitment Incentives Rulemaking Process Section 101 Social Media Social Networks Software Takedown Notices Trade Secrets Trademarks Twitter

Intellectual Property Bulletin - Winter 2015

Copyrighting Player-Generated Content in Video Games - Last year, consumers spent more than $21 billion on the video game industry. The Entertainment Software Association reports that almost 60% of Americans—roughly...more

4/6/2015 - Claim Construction Clear Error Standard Copyright Costco Entertainment Industry Film Industry Hana Financial v Hana Bank Legislative Agendas Patents Pharmaceutical Patents Tacking Teva Pharmaceuticals Teva v Sandoz The Copyright Act Trade Secrets Trademarks Video Games

Intellectual Property Bulletin - Spring 2014

Right of Publicity? First, Let Me Take a Selfie - “Oh, he wants to do a selfie,” President Barack Obama observed with amusement before gamely posing with Boston Red Sox designated hitter David Ortiz. Ortiz snapped the...more

6/11/2014 - Domain Names Endorsements First Amendment Free Speech gTLD Inter Partes Review Proceedings Internet Inventors Patent Litigation Patents Popular Right of Publicity Trade Secrets UTSA

Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to...more

2/25/2014 - America Invents Act Beastie Boys CLS Bank v Alice Corp Copyright Covered Business Method Patents EU European Commission Fair Use First-to-File First-to-Invent GoldieBlox Inter Partes Review Proceedings Irreparable Harm Patents Post-Grant Review PTO SCOTUS STEM Trade Secrets Trademark Litigation

Intellectual Property Bulletin Spring 2013: The Trouble With Sharing

Copyright co-ownership is a well-established method of allocating rights within the software, recording, and motion picture industries. In theory, it presents a clear and simple arrangement and provides a strong degree of...more

6/24/2013 - Assignments Co-Ownership Copyright Photographs Third-Party

Intellectual Property Bulletin - Spring 2013

Copyright co-ownership is a well-established method of allocating rights within the software, recording, and motion picture industries. In theory, it presents a clear and simple arrangement and provides a strong degree of...more

6/21/2013 - America Invents Act Assignments Co-Ownership Copyright DMCA gTLD Motion Picture Industry Music Industry Non-Practicing Entities Patent Assertion Entities Patent Reform Patent Trolls Patent-Eligible Subject Matter Patents Proposed Legislation Safe Harbors Software Third-Party Trade Secrets Trademark Clearinghouse

Copyright Alert: Associated Press v. Meltwater

Meltwater News infringed copyrights of the Associated Press (AP), the U.S. District Court for the Southern District in Manhattan held last week, when Meltwater republished excerpts of AP news stories as part of its online...more

4/1/2013 - Associated Press Copyright Fair Use Infringement Journalism Licenses Meltwater News

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