Legal Considerations for Web-Based Start-Ups
The Changing Landscape of Intellectual Property in China
Do I need permission to use images from Google on my website?
Beastie Boys Sue; Law Prof's 'Head Spins'
Starting a new business? Intellectual Property 101 Presented by Prof. Islam & PA Thomas Lewry
What should my company be aware of when launching a new website?
Due Diligence in Mergers, Acquisitions, and Corporate Transactions
ITC: Protecting Intellectual Property in the US – Interview with Joe Hameline, Member, Mintz Levin
Copyright Matters – Interview with Andrew Skale, Member, Mintz Levin
What Damages Can I Recover If My Copyright Is Infringed Upon?
William Faulkner v. Woody Allen: Copyright Fight
Instapundit: America's IP Laws Need to be "Pruned Back"
'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
You are general counsel to a company, and your CEO steps into your office, clutching his iPhone in one hand and wiping sweat from his brow with the other, and tells you that a compromising photograph of him was stolen from...more
On September 15, 2014, the U.S. Court of Appeals for the Seventh Circuit issued a notable opinion on the relevance and importance of "transformative use" on the copyright fair use analysis. (Kienitz v. Sconnie Nation LLC, No....more
While our last post dealt with the creation of photographs and other works of authorship by primates, robots and divine beings, this story is a little more grounded in facts that you might see in the average work...more
Last month, Wikimedia (the operator of Wikipedia) again refused the request of British photographer David Slater to remove a picture of a monkey from the Wikimedia Commons database of publicly available photographs....more
..Disappearing ink. Facebook is testing, for a small group of users, a feature that will permit a user to schedule a post for automatic deletion after a specified period of time. It seems that the period can range from an...more
I know this story crested a few weeks ago, but who can resist it? A famous 1998 Molson Canadian ad posed a Canadian version of the infinite monkey theorem. The cheeky ad, showing a seemingly endless array of monkeys on...more
In This Issue:
- Monkeying around with Copyright Laws - Who can Own a Copyright?
- Restrictions in Franchise Agreements Narrowly Construed
- The Eight Corners Rule and the District of Columbia
Over the past month, the internet has been abuzz trying to determine if the owner of the copyright to this photo belongs to the monkey or the camera owner, David Slater.
During a trip to Indonesia in 2011, Slater, a...more
It has been two years since British nature photographer David Slater first asked Wikimedia Commons to remove several photos of a crested black macaque from its online collection of public domain images. Slater claimed to own...more
The August issue of Sterne Kessler's MarkIt to MarketTM newsletter is all about monkey business, including an analysis of the copyright debate between British photographer David Slater and Wikimedia Commons over "selfies"...more
The dispute between Wikipedia and the British photographer David Slater recently reported in various news outlets is not new. It is actually the continuation of a dispute that began in July 2011 between the UK based Caters...more
Since our prior post, the “monkeying around” has only continued. At the end of last week, the U.S. Copyright Office stated definitively that it would not “register works produced by plants, animals or divine or supernatural...more
In my childhood, come summer, the UK Parliament would go into recess, and because that seemed to signal the end of lots of newsworthy items—political scandals, Government and opposition taunting each other, etc.—the period...more
Agence France Presse v. Morel -
USDC, S.D. New York, August 13, 2014 -
District court upholds jury’s award of maximum statutory copyright damages of $1.2 million, plus $20,000 in DMCA damages, finding sufficient...more
Looks like some copyright monkey business is afoot! Wikipedia, the collaborative free online encyclopedia, and David Slater, a British photographer, are currently in a copyright dispute over a photograph taken by a primate....more
Who owns the rights to a selfie taken by a monkey? While it sounds like a law school exam, it is based on a real story as reported here by the American Bar Association.
According to the article, a monkey picked up the...more
Is photography nowadays really so easy even a monkey can do it?
What about a caveman?
If Wikimedia is right, the caveman would own a copyright in his selfie (or perhaps Geico, under the work for hire doctrine)...more
A simmering dispute about ownership of a copyright in photographs has now garnered international attention. As more fully reported in an article in the British newspaper The Telegraph, British photographer David Slater has...more
Having been brought up at a time when the humour of Monty Python was influential on a young mind, I can’t help thinking of the ‘nudge, nudge, wink, wink’, sketch when reading about photographs. In the sketch, Eric Idle asks a...more
An American photojournalist, Ms. Leuthold, was on the scene in New York City on September 11, 2001. She licensed a number of still photographs to the CBC for use in a documentary about the 9/11 attacks. The photos were...more
Alaska Stock, LLC v. Houghton Mifflin Harcourt Pub. Co. -
Joining with the U.S. Court of Appeals for the Fourth Circuit, the U.S. Court of Appeals for the Ninth Circuit ruled that a stock photo agency is the valid...more
Alaska Stock, LLC v. Houghton Mifflin Harcourt Publishing Co. - USCA Ninth Circuit, March 18, 2014:
Ninth Circuit holds that copyright registration of database of stock photography successfully registered component...more
In 2012, law professor Justin Hughes published an article in the Harvard Journal of Law & Technology that raised serious questions about how courts have analyzed the Copyright Act’s originality requirement as it applies to...more
The iconic “Raising the Flag at Ground Zero” photo of firemen raising an American flag on September 11, 2001, which appeared on the cover of The Record newspaper and other newspapers on September 12, is at the heart of a...more
We are pleased to present the 34th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight news that will have an impact on business and litigation, including articles and links...more
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