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Hyperlinking to unauthorised content does not itself constitute copyright infringement, says Advocate General

The Advocate General of the Court of Justice of the EU (CJEU) has stated in a legal opinion that posting a link to a website that contains “freely accessible” copyright infringing content should not itself amount to copyright...more

News of Note in IP

Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team. Here are some of the stories...more

Potemkin Village Deferred—Planned Exhibition of Gurlitt Trove is Postponed

Germany has apparently decided to postpone its ill-conceived plans to exhibit the hundreds of works of art that it still holds from the trove seized from the late Cornelius Gurlitt. This decision was announced as a date was...more

HEAR Act Introduced by Sen. Ted Cruz to Create Federal Standard for Holocaust Art Claims

Among the many challenges that litigants over Nazi-looted art face in the United States is a lack of uniformity. Statutes of limitations vary from jurisdiction to jurisdiction, and interpretations of jurisdictional laws like...more

Nevada Casino Operator Settles FCPA Allegations with SEC

On April 7, the SEC settled FCPA allegations with a Nevada-based operator of numerous hotel, resort, and casino properties in the United States and Asia. In a cease and desist order, the SEC found that the operating company...more

Copyright and Trademark Case Review: FLANAX, Fishing Tackle, Football Players and More

Summaries of Recent Precedential and Informative Appellate Opinions - Trademark Opinions - Owners of Foreign Marks May Sue Under Lanham Act Without Using Marks in the US: Belmora LLC v. Bayer Consumer Care AG,...more

Atlantique Productions S.A. v. ION Media Networks Inc. - USCA, Ninth Circuit, March 18, 2016

Ninth Circuit affirms ruling in favor of defendant ION Media Networks on French television producer’s claims for breach of contract, promissory estoppel and fraud, finding no contract existed because parties agreed to be...more

Will the FCPA Go Down Under (again)?

We do not often have the chance to go ‘down under’ at the FCPA Compliance and Ethics Blog. However, there is a case brewing that may have some Foreign Corrupt Practices Act (FCPA) implications as well as Australian...more

Innovation and Censorship of Television in China

China has embarked on a difficult transition from high growth fueled by reliance on investment and manufacturing to growth based on consumption and the service sector. For this new economic model, the key to sustaining growth...more

China Imposes New Restrictions on Internet Content

Rules imposing new restrictions on the publication of online content in China came into effect on March 10, 2016. The new rules, the Online Publishing Service Administrative Rules, were jointly released by the State...more

FIFA Seeks to Collect Millions as Victim in U.S. Case

On March 15, FIFA filed a Victim Statement and Request for Restitution (Statement) with the DOJ seeking a portion of the hundreds of millions of dollars that authorities could collect from the former FIFA employees who...more

Recent Changes to the Trade Embargo May Facilitate Cuban Baseball Players Being Able to Legally Play for MLB Teams

Last week, President Obama authorized the elimination of a ban on Cuban access to the international banking system, which in turn would allow a Cuban national to make a living in the United States without requiring that...more

Implementation of the CRM Directive – What does it mean for music users?

In 2014, the new Directive concerning the collective management of copyright was introduced. The Directive sought to overhaul the law regulating collecting societies and other rights management organisations in Europe. Since...more

In Recent Decisions, New York And California District Courts Agree That Prevailing Defendants In Copyright Infringement Lawsuits...

On March 9, 2016, both the Southern District of New York and the Central District of California awarded attorneys’ fees to defendants in two separate disputes after they successfully moved for summary judgment on the...more

Tightening Internet Regulation in China

The longstanding tension in China between expansion of service to the Internet and regulation of content on the Internet has entered a new phase. While the so-called Great Firewall remains in place to block unwanted overseas...more

Not Just Germany—UK Imposes Export Ban on (Swiss!) Giacometti Sculpture

We have focused recently on the proposed legislation in Germany to make its cultural heritage export laws stricter, of which we have been critical here and in recent discussions.As ill-advised as we consider the proposed...more

Three Point Shot - February 2016

Copyright Suit Alleges Huckabee Campaign Lacks "Eye of the Tiger" - Mike Huckabee's poor performance in the Iowa caucuses – leading to his subsequent withdrawal from the race – isn't his only concern lately....more

China Imposes Broad New Restrictions on Publication of Internet Content

New rules just published by the PRC impose new licensing and censorship requirements on almost all internet content providers, including publishers and aggregators of news, advertisements, social media content and mobile...more

US Copyright Office Reports: WIPO Internet Treaties Require No Copyright Act Amendment to Protect Exclusive “Making Available”...

Has the United States lived up to its obligations under the WIPO Internet Treaties to protect the exclusive “making available” right of copyright owners? Some would argue no, and that Congress should amend the U.S....more

China Imposes New Restrictions on Online Publishing

China has issued new, wide-ranging regulations on the publication of virtually any type of content over the Internet. The new rules, promulgated jointly by the PRC State Administration of Press, Publication, Radio, Film and...more

Russia Cuts its Film Subsidies

From Russia with Loss - The Russian government had declared 2016 “The Year of Cinema,” but its recent actions cast doubt on that assertion. Russia has cut the amount of film subsidies available to production companies by...more

The Smart Guys in Everett Saw Steve Wynn's China Strategy from a Mile Off

One of the proverbs lodged in my cranium is, “The judgment of the village is never wrong.” I buy that. I also think that units within cities – neighborhoods, social clubs, busy restaurants, coffee shops and bars -- take...more

Foreign Films Take a TRIP to France

Tax Rebate Changes - In 2016, France increased its efforts to attract foreign films by loosening language restrictions and increasing the amount of tax rebates available for films that are shot in France. In the past,...more

White House Publishes Third Round of Regulatory Reforms to Cuba Sanctions: 'Musicabana' also Announces Major International Music...

The U.S. Treasury Department's Office of Foreign Assets Control (OFAC) and the Commerce Department's Bureau of Industry and Security (BIS) recently published a series of revisions to the Cuba sanctions regime that appear to...more

Hammerin’ Hank and Technological Fraud in Cycling

On this day in 1934, Hammerin’ Hank Aaron was born; who for my money is the greatest home run hitter ever. He began his professional baseball career in 1952 in the Negro League but soon joined the Milwaukee Braves of the...more

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