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Third verse same as the first - Will Richard Prince’s transformation defense work yet again?

Take a copyrighted photograph of Sonic Youth bass player Kim Gordon, crop it, and add an Instagram border and a few words of text and emojis. Have you “transformed” it sufficiently to avoid copyright infringement? And is it...more

Will a court recognize ‘aerosol artists’?

You may think of it as “graffiti,” but a court in New York must determine if “aerosol art” is “meritorious” and of “recognized stature” such that it gets special copyright protection....more

Photographer hits retailer over photo of player hitting Joey Bats

One of the best sports photographs in recent history captured a 2016 incident where Texas Rangers’ second baseman Rougned Odor hit Toronto Blue Jay José Bautista in the face. That memorable image is at the center of a new...more

Trump Skittles tweet illustrates photo copyright hazards

Even Halloween candy and political messages can implicate copyright law, as Donald Trump Jr.’s Skittles tweet illustrates. Back in September, Trump sent a tweet incorporating a photograph of a bowl of Skittles entitled,...more

TC's inside IP - Winter 2013: Final Really Does Mean Final in the Federal Circuit

Defendants in patent infringement lawsuits often request that the United States Patent and Trademark Office (“PTO”) reexamine the patent-in-suit. Patent reexamination is a process where the validity of an issued patent is...more

Advertising Law: It's not your father's first amendment

Advertising seems like an unlikely candidate for constitutional protection. Think of the snake oil and patent remedy advertisements in newspapers a century ago. Even today, political candidate ads seem to take an "anything...more

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