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

Comic-Con, Costumes, and Copyright Concerns

Get ready, nerds! This summer’s Comic-Con season is almost upon us and your costume is not going to make itself. But before you squeeze into your tights and cape, do you need to worry about copyright infringement? This blog...more

U.S. Trade Representative Issues 2016 Special 301 Report

On April 27th, Ambassador Michael B.G. Froman, U.S. Trade Representative (USTR), issued the 2016 Special 301 Report. According to the USTR website, "[i]ntellectual property is a critical source of economic growth and...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

Intellectual Property Bulletin - Spring 2016

Supreme Court to Weigh In on Damages for Design Patent Infringement - Recent decisions from the U.S. Court of Appeals for the Federal Circuit regarding damages available in design patent cases highlight the court’s...more

Does Copyright Protect Facts?

By Richard Stobbe A documentary film is, by its nature, a work of non-fiction. It expresses a set of facts, arranged and portrayed in a particular way. If a fictional novel is written, based on a documentary film, is...more

Is Graffiti Ineligible for Copyright Protection Just Because the Act of Tagging is Illegal?

After reports of a settlement proved premature, designer Moschino S.p.A. and its creative director Jeremy Scott have moved for summary judgment on the copyright claims filed last year by street artist Joseph Tierney, better...more

Three Cheers for Copyright

For over 40 years, Varsity Spirit has been in the business of bringing cheer to cheerleaders worldwide with its colorful and customizable uniforms. Competitor Star Athletica came on the scene in 2010 and shortly thereafter...more

Death Knell for Knockoffs and Counterfeits?

U.S. Supreme Court Agrees to Define the Test for Copyrightability of Designs on Useful Articles - The U.S. Supreme Court recently agreed to hear the question that, as one Appellate Court characterized, has had the...more

Say Yes to the Redress: A Potential Shift in Copyright Law May Arm the Fashion Police

Until recently, social media has been one of the only recourses for fashion designers and labels that have had their designs knocked off. Take the Acquazurra “Wild Thing” sandal, for example. Acquazzura is a high-end shoe...more

Here’s Another Fine Mess You’ve Gotten Me Into: Best Practices for Employee, Contractor and Consulting Agreements.

In This Presentation: Overview of Messes to Avoid: • Split Ownership • Agreements to Agree • Agreements with Unclear/Improper: – relation to prior agreements – term – royalty rate –...more

German Federal Supreme Court confirms its previous positions on liability for copyright infringements within file sharing networks...

On 12 May 2016, the German Federal Supreme Court (“FSC”; Bundesgerichtshof – BGH) made several judgments, confirming and developing its settled case law on the liability of a subscriber of an internet connection...more

Protecting Fashion through Copyrights: The Supreme Court Will Decide Whether Cheer Uniform Designs Are Protectable

Last week, the U.S. Supreme Court announced that it will address the issue whether apparel can be protected by copyright law—a question described by the petitioners in the case as “the single most vexing, unresolved question...more

Intellectual Property Newsletter

Shearman & Sterling’s IP litigation team has published its first quarterly newsletter. The newsletter covers a number of current IP topics, including details about soon-to-be enacted federal trade secret legislation, pending...more

"Brexit Bites": Intellectual Property Rights

This is the sixth in our series of "Brexit Bites" which focuses on Intellectual Property. Registered Trade Marks - Post-Brexit, the UK would no longer be part of the European Union Trade Mark (EUTM) system,...more

Is Social Media Sharing of Sports Clips Copyright Infringement? Recent UK Judicial Clarification and International Implications

In our annual review last year “Sports Industry 2015: A Year of Unprecedented Landmark Change”, we predicted that the battle against media piracy would be a key area for rights holders in 2016, highlighting “social media...more

Fair Use Copyright Ruling Stands For Google Books

Last month, the Supreme Court denied certiorari in Authors Guild v. Google, Inc., the long-running copyright case involving Google’s Google Books project. The high court’s refusal to hear the case leaves in place the Second...more

TVEyes on the Prize: Clarifying the Law of Copyright Fair Use

TVEyes is a media monitoring service, claiming, “to organize the world’s TV and radio broadcasts and make them universally searchable by the spoken word.” Founded in 1999, the service uses innovative “audio mining”...more

IP World Tour: Snapshots of Overseas IP Protection

No matter where you look in the world, it’s a certainty that a dispute is ongoing over someone’s intellectual property (IP). The theft of ideas is nothing new, but just as important to those investing abroad is knowledge of...more

Do Not Go Gentle Into That Jurisdiction: No “Situs of Injury” Merely Because Copyrighted Material Is Accessible

Because content posted online can be accessed nearly anywhere, courts regularly face the issue of whether they have personal jurisdiction over a defendant who posted material to the web or a social media site. Recently, one...more

Give me an S-C-O-T-U-S! Supreme Court To Decide Apparel Copyright Case

Straight off the heels of a 2-1 Sixth Circuit decision protecting copyright in design elements of cheerleading uniforms, the U.S. Supreme Court today decided to consider the issue of when a useful article is protectable under...more

Draft Report on Australia’s Intellectual Property Arrangements

Australia’s Productivity Commission has released a draft report regarding intellectual property (IP) in Australia. The draft report covers various IP rights and provides the Commission’s draft findings and recommendations in...more

"Brexit Bites": Intellectual Property

This is the fifth in our series of "Brexit Bites" which focuses on Intellectual Property. A Brexit would in all likelihood have a significant impact upon intellectual property legislation, much of which derives from...more

The Ink Isn’t Dry

What rights based in copyright law does a tattoo artist have in a tattoo itself, and to what extent can an artist use those rights to restrict the rights of others, including the people whose skin has been inked?...more

Living Like a Prince, but not Dying Like One

The media seems to be concerned with two primary subjects lately, and both topics continue to trounce each other in turn on social networks for attention: 1. The presidential elections 2. The death of Prince,...more

News of Note for the Internet-Minded – 4/28/16

Several companies cast an eye toward the Internet of Things, Twitter’s AI gets pretty good at live video, some industry giants get behind the driverless car, and more … Samsung launches a place in the cloud just for...more

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