Copyright

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
News & Analysis as of

Charles Dickens And Copyright Law: Five Things You Should Know

One hundred and seventy five years ago, on January 22, 1842, Charles Dickens first set foot in America, specifically in Boston, after a twenty day steamship voyage from Liverpool. Dickens, only a few days shy of his thirtieth...more

Client Alert: Action Needed by Organizations whose Websites allow User Postings

Businesses and nonprofits that operate a website or other online presence (mobile app, blog, portal, game, etc.) where users may post content (for example, in a user forum) will need to take action in 2017 in order to obtain...more

UK, US, HK and China – Access denied: an international perspective on ISP blocking injunctions

While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities, the picture in the United States, China and Hong Kong is more complex. Please see full...more

Canadian IP law and practice in 2016: reviewing the highlights

As the calendar turns the page from 2016 to 2017, we take the opportunity to review Canadian IP law and practice highlights from the past year....more

Is There Copyright in a Screenshot?

Ever wanted to remove something after it had been swallowed up in the gaping maw of the internet? Then you will relate to this story about an individual’s struggle to have certain content deleted from the self-appointed...more

Failure to Introduce Source Code of Original Work Fatal to Claim Against Alleged Derivative Work

The US Court of Appeals for the Ninth Circuit affirmed an order dismissing a breach of contract action, finding that the plaintiff failed as a matter of law to establish copyright infringement under the copyright law—upon...more

Surrender Dorothy: Court Upholds Damages, Injunction for Movie Content Infringement

The US Court of Appeals for the Eighth Circuit affirmed a summary judgment and permanent injunction prohibiting the defendant from licensing images from movies owned by the plaintiff. Warner Bros. Entertainment, Inc., et al....more

Court Allows Copyright Infringement Claims to Live Long and Prosper Against Trekkie

A federal judge recently held that an unauthorized “Star Trek” fan film created by Axanar Productions was “objectively substantially similar” to Star Trek. The court found that Axanar sought to make a “professional...more

Does the Fair Use Exception Shield Ivanka Trump from Artists Who Want Nothing to Do with Her?

Much has been written about how the Trump family uses their name to market their own businesses, but the Trumps are equally gifted at trading on others’ notoriety to promote themselves and their businesses. Consider the...more

New Year's Resolution for Website Operators: Register Your Copyright Agents Before December 31, 2017 to Avoid Liability for Users'...

The U.S. Copyright Office announced a new online system to designate copyright agents for online service providers under the Digital Millennium Copyright Act (DMCA). The online designation system replaces the former paper...more

The Spotify Settlement With NMPA: What It Means for Music Publishers

In March 2016, the popular music streaming service, Spotify, reached a settlement with the National Music Publishers Association (“NMPA”) to cover billions of unlicensed streams from member publishers dating back to the...more

Implementation by the INPI of the Electronic Soleau Envelope - « e-Soleau »: A New Valuable Tool for Companies and Creators

The French Patent & Trademark Office (the INPI announced on 16 December 2016 the launch of the electronic version of the ‘Soleau envelope’ (the ‘e-Soleau’). This innovation makes it now possible to establish directly on the...more

“It’s In The Game” – Proof Issues In Software Copyright Infringement Cases

A recent Ninth Circuit decision in Antonick v. Electronic Arts, Inc. (filed Nov. 22, 2016), shows some of the proof issues that a plaintiff may encounter in prosecuting claims for copyright infringement in connection with...more

2017: Predictions From Socially Aware’s Editors and Contributors

The beginning of a new year is a time for resolutions and predictions. We won’t bother Socially Aware readers with our resolutions for 2017, but we thought that we would share some predictions for the new year from our...more

NY Common Law Does Not Provide Creators With Control Over Public Performances of Pre-1972 Sound Recordings

On December 20, 2016, the New York Court of Appeals (New York’s highest court) issued a landmark state copyright law decision, holding in response to a certified question from the Second Circuit in Flo & Eddie, Inc. v. Sirius...more

Don’t Lose Your DMCA Safe Harbor Protection

If your website allows users to post content, you’re probably already familiar with the Digital Millennium Copyright Act. Among other things, the DMCA provides online service providers a “safe harbor” from potential liability...more

Craft brewery startups: Early stage IP considerations

By all accounts, as we head into 2017, the craft beer industry will continue to experience tremendous growth. This is due to primarily to increasing consumer demand. Also, favorable legislation in some states should help fuel...more

Who Owns IP Rights in the Age of Artificial Intelligence?

AI raises issues that go to the very foundations of intellectual property law, including the economic incentive to encourage certain activities, and the “moral rights” associating with according credit to authors....more

New York Court of Appeals Says No Common Law Public Performance Right For Pre-1972 Sound Recordings

On December 20, 2016, the New York Court of Appeals, the highest court in the state, held that no common law public performance right exists for pre-1972 sound recordings. The issue of whether a common law public performance...more

Copyright and Compliance for All: 10 Business Resolutions to Increase Copyright Success and Security in 2017

Does your business run and maintain a website? Does it create or license website or other content? Does it run and implement software? If you’ve answered yes to these questions, but haven’t yet considered the importance of...more

Louis Vuitton Left Holding the Bag

In Louis Vuitton Malletier S.A. v. My Other Bag, Inc., [16-241-cv] (December 22, 2016), the Second Circuit affirmed summary judgment for My Other Bag that its parody bag did not infringe or dilute Louis Vuitton’s trademark...more

IP Law December Developments: What to Expect in the Future

December has been a hot month for IP law, with important developments in several cases that may significantly impact your intellectual property prosecution and enforcement strategies. Here is a brief summary of each of these...more

The Avant-Garde Nun Who Created The World’s Largest Copyrighted Work Of Visual Art

We are approaching the end of holiday travel season and you have likely been a visitor or had visitors over the past several weeks. If in your travels you’ve had cause to drive along interstate Route 93 just south of Boston,...more

Three Point Shot - December 2016

In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name - In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more

Seven IP Cases to Watch in Early 2017

SCA Hygiene AB v. First Quality Baby Products. LLC (Docket No. 15-927, S. Ct.) - In SCA Hygiene AB v. First Quality Baby Products LLC,the Supreme Court will consider “[w]hether and to what extent the defense of laches...more

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