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.
Instapundit: America's IP Laws Need to be "Pruned Back"
Video Game Lawsuit Highlights Intellectual Property Issues with Internet Memes
Video Sharing App Vine Hit with Takedown Notice from Prince
'Gray Market' Lawyer: Congress Won't Change Copyright Laws
Harlem Shake's Copyright Issues
Why Did Godzilla & James Bond Need Congress' Protection?
Weekly Brief: Rakoff Orders Gupta To Pay Goldman Sachs' Legal Fees
New Happy Birthday Song, Copyright-Free
Worst Case Scenarios for Alleged Copyright Infringers
The First Sale Doctrine Under Copyright Law Update - Kirtsaeng v. John Wiley & Sons
Registering Trademarks & Copyrights with U.S. Customs
Legal Trends: Where is the action in copyright law today?
Copyright Safe Harbors: Establishing Protection Against Infringement Claims
SCOTUS Takes "Grey Market" Goods Resale Case
Vague Definitions in CISPA Raise Concerns of SOPA 2.0
Section 512 of the Digital Millennium Copyright Act (DMCA) provides copyright owners with the ability to demand that Internet Service Providers (ISPs) remove unauthorized copies from the internet. This can be a powerful...more
Fortres Grand Corp. v. Warner Bros. Entertainment Inc., U.S.D.C., N.D. Indiana, May 16, 2013 -
District court dismisses computer software company’s trademark claims against Warner Bros. based on references in Batman...more
For reasons which elude me, the Quebec courts get all the interesting entertainment law disputes in Canada (see also: Robinson v Films Cinar Inc., for which we anxiously await the Supreme Court of Canada’s decision)....more
“The needs of the many outweigh the needs of the few.”
—Spock, Star Trek II: The Wrath of Khan (1982).
These are the opening words in United States District Judge Otis D. Wright’s May 6, 2013, order issuing...more
Hart v. Electronic Arts, Inc., U.S.C.A., Third Circuit, May 21, 2013 -
Third Circuit reverses district court’s grant of summary judgment dismissing claim of plaintiff, former college football player, for violating his...more
Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies: Bowman v. Monsanto Co. -
In a narrow ruling that reaffirms the scope of patent protection over seeds, and possibly over other...more
Billy Bob Cooter is spending a Sunday doing what he loves most – attending a NASCAR race to watch his favorite driver Ricky Bobby pilot the #26 Wonder Bread car. ...more
Approximately a year ago, Judge Orinda Evans of the Federal District Court for Northern Georgia held that the electronic reserves practices of the library at Georgia State University (“GSU”) were, for the most part, fair use...more
Capitol Records, Inc. v. MP3tunes, LLC, USDC, S.D. New York, May 14, 2013 -
District court grants in part motions for reconsideration of order granting summary judgment in defendants' favor based on DMCA safe harbor...more
Big changes may be afoot in copyright law these days, via both litigation and legislation. Courts are considering sweeping infringement claims with potentially far-reaching implications, and Congress is beginning the process...more
Although we’re moving quickly from humorous to played out, you’ll still a number of brands use memes in their marketing and communications. That raises the question though, who owns those memes and can companies get in...more
A driving force for the development of the Internet was to provide certainty for Internet service organizations on the liability exposure they may have for acts of third parties on their Internet sites....more
When the judge deciding a motion for class certification begins his Opinion by describing the proposed class as a “Frankenstein monster,” you don’t need to be very prescient to predict the outcome of the motion....more
The federal district court in New Jersey has dismissed Stefani Germanotta, a.k.a. Lady Gaga, from a copyright lawsuit filed by composer and record producer Calvin Gaines. Mr. Gaines alleged in his complaint that his writing...more
Knobbe Martens’ patent attorneys Russell Jeide and Scott Cromar hosted a seminar series on intellectual property basics for Temecula’s business community. This presentation is from the first class giving a basic overview of...more
The United States Supreme Court recently brought final resolution to Mandeville-Anthony v. Walt Disney Co., a dispute over the ownership of Disney and Pixar’s animated movies “Cars” and “Cars 2,” and the spin-off television...more
In Pelchat v. Zone 3 Inc., 2013 QCCS 78, a Quebec court decision has addressed the dichotomy between the idea for a TV show, and the “form and expression” of ideas, as embodied in a TV show. In this case, the defendant Zone 3...more
- Cariou v. Prince, USCA Second Circuit, April 25, 2013 -
Second Circuit reverses summary judgment in favor of photographer on his infringement claims against well-known appropriation artist Richard Prince, holding...more
Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship -
Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more
The first prong of the fair use defense in copyright infringement cases, the “purpose and character of the use,” is often described as an inquiry into whether the allegedly infringing work is “transformative.” In other words,...more
Today, the Second Circuit handed down its much anticipated decision in Cariou v. Prince regarding the legality of appropriation art by artist Richard Prince.
Just over two years ago, in federal district court in New...more
- Marc Roth Invited to Present on Privacy Issues in Marketing at NYC Bar CLE Program:
On May 3, 2013, the New York City Bar Center for CLE and the Brand Activation Association (formerly the Promotion Marketing...more
Following the Second Circuit’s remand order last year on appeal of an initial grant of summary judgment for YouTube, the Southern District of New York has revisited the issues in Viacom’s copyright infringement suit and again...more
On April 18, 2013, the U.S. District Court for the Southern District of New York again held that YouTube is subject to the safe harbor provisions of the Digital Millennium Copyright Act as an internet service provider despite...more
- Capitol Records, LLC v. ReDigi, Inc., USDC S.D. New York, March 30, 2013
..District court grants summary judgment in favor of plaintiff Capitol Records on its copyright claims against ReDigi, online “reseller” of...more
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