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

Nominative Fair Use, as Illustrated by Colorful Balls

If you watch any amount of T.V. or happened to catch either of the AFC or NFC Championship games last weekend, you’ve probably seen one of the recent cell phone carrier ball commercials....more

IP & Technology Newsletter: Winter 2016

In today’s business world, protecting trade secrets is of vital importance. A trade secret is anything which gives a company a competitive advantage and is kept confidential, including a design, formula, manufacturing...more

Katy Perry, Last Year’s Super Bowl, and a Shark with a Mark

With Super Bowl 50 quickly approaching, it’s a perfect excuse to check in on one of the IP issues that made big waves at last year’s “Big Game.” You may recall that the Super Bowl halftime show last year featured Katy Perry...more

Don’t Let Your Super Bowl Promotion Get Sidelined

Every year at this time clients call who want to take advantage of Super Bowl frenzy, whether by running an online sweepstakes, offering a special deal to customers on Super Sunday, posting memes on their Facebook pages,...more

ClearCorrect: ITC and Patentee Align Submit Petitions for Rehearing En Banc, Asking Federal Circuit to Reconsider Whether the ITC...

On January 27, 2016, the International Trade Commission (ITC) formally requested a rehearing en banc of a November 10, 2015, Federal Circuit panel decision in ClearCorrect Operating, LLC v. ITC. The Federal Circuit’s panel...more

Insert Coin

Those of you who occasionally read my posts may have noticed that video games are a hobby and interest of mine. I have posted on issues involving video games several times. See Executing Noriega, Flash in the Panama, Calling...more

[Webinar] Keeping What is Yours Yours: Best Practices for Software Companies to Protect Their “Secret Sauce” - Feb. 9th, 1:00pm,...

In today’s fast paced, if not neck-breaking, speed at which advancements in software development and platforms occur, one issue facing software companies is how to keep their competitors from obtaining the "secret sauce." ...more

The Supreme Court's take on Kirtsaeng II will impact attorneys' fees decisions in copyright matters

The landmark copyright case Kirtsaeng v. John Wiley & Sons is back before the US Supreme Court, this time on the issue of the appropriate standard for determining whether to award attorneys’ fees to a prevailing party....more

Simmons v. Stanberry - USCA, Second Circuit, January 15, 2016

Second Circuit affirms dismissal of infringement suit over hip-hop beat in 50 Cent song "I Get Money" after holding plaintiff's claim constituted dispute over ownership of copyright that was time-barred by Copyright Act's...more

Retail and Consumer Products Law Roundup - January 2016

Eye on the Courts: IP Cases for Retailers to Note - Why it matters - Retail companies have closely monitored a series of cases from the U.S. Supreme Court on down, which have focused on IP matters covering induced...more

IP developments in Greater China

2015 was a year of significant change in the intellectual property (IP) field, with China redoubling its efforts to tackle counterfeit goods, long-awaited and controversial legislative amendments being debated in Hong Kong...more

The “Poo” People Use: Who Owns Emojis

Emojis – those cute images you may find in a keyboard on your Android or iPhone device – have changed the way many people communicate thoughts, ideas, feelings and concepts. They can add a certain level of pizzazz to an...more

Leading US Film Studios Defend “Geo-Blocking” of Content, in Response to Investigation by the European Commission

Six major US film studios, namely Walt Disney Company, NBCUniversal, Paramount Pictures, Sony Pictures, Twentieth Century Fox, and Warner Bros., as well as several large European broadcasters, appeared on 18th January before...more

New Court Decision Highlights Potential Headache for Companies Hosting User-Generated Content

In this election season, we hear a lot of complaints about laws stifling business innovation. And there is no doubt that some laws have this effect. But what about laws that spur innovation, that result in the creation...more

MoFo IP Newsletter - January 2016

Highlights of 2015 and What to Watch in 2016 in The United States - Commil USA, llC v. CiSCo SyStemS, inC. (Supreme Court, may 26, 2015). In May, the Supreme Court held that a good faith belief that an asserted patent...more

Trademarks and Metatags: an update

What if a competitor cut and paste the metatags from your website and used them on the competitor’s site? Is there a remedy under Canadian law? Are metatags subject to trademark protection? The answer is… it depends. Red...more

Popular Reads in Intellectual Property Right Now

A recap of popular IP-related posts published on JD Supra during Dec 2015/January 2016. You copy? Right!...more

Amendments to Canadian Intellectual Property Laws …Delayed

As an update to our earlier post, we note that the Intellectual Property Institute of Canada, in its most recent bulletin, is estimating that the anticipated changes to Canada’s intellectual property laws - including the...more

Using “Borrowed” Images in Your Blog

An engaging image, be it a photograph, line art or other graphic, can capture the reader’s attention and drive interest in an online post. Bloggers, especially, are well aware of the attention grabbing benefits of a great...more

No Monkeying Around: Judge Rules That Animals Cannot Hold Copyrights, Do Not Have Standing to Sue

In a recent hearing, U.S. District Judge William H. Orrick III said he would dismiss a lawsuit brought by the People for the Ethical Treatment of Animals (PETA) on behalf of Naruto, a crested macaque monkey. PETA’s suit...more

APE ACT: Martin and Lewis Had No Recourse Before Emergance of New Legal Right

In the late 1940s and early 1950s, Jerry Lewis was the undisputed king of comedy. His “man child” shtick was known throughout the world and, at age 26, he was quite wealthy and powerful. He and his partner, handsome Italian...more

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 for Google in the decade-long copyright battle between an authors group and the Internet search giant. The lawsuit concerned Google’s right to...more

“Borrowing” Images for Presentations: Fair Use or Copyright Infringement?

Everyone loves a good joke, which is why presenters try to liven up an otherwise dull subject matter with stock cartoons, movie footage or other humorous material. This is particularly helpful after lunch breaks and, with...more

Rights of Visual Artists

The Visual Artists Rights Act (VARA) is part of the U.S. Copyright Law and is found at 17 U.S.C. §106(A). This law went into effect in 1990 and grants certain rights to visual artists. It is akin to moral rights laws which...more

Latest DMCA Triennial Review Permits Jailbreaking, Video Game Preservation, And More

Most readers of this blog are well-acquainted with the Digital Millennium Copyright Act (DMCA) and the anti-circumvention provisions codified therein, 17 U.S.C. § 1201 et seq., which prohibit the circumvention of...more

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