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.
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
Harper Lee only wrote one book in her life, but what a book. Her classic novel “To Kill a Mockingbird,” published in 1960, spins the tale of a small town attorney who tries to stand up against the forces of racial injustice....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
In arguably the most important copyright case of the past decade, the Supreme Court of the United States, in a 6-3 decision, held that the “first sale” doctrine protects the right to import and sell gray market goods. Gray...more
When you think of “Peggy Sue” by Buddy Holly, “Johnny B. Goode” by Chuck Berry, and “My Girl” by the Temptations, you think classic, iconic, rock and roll. Now, in light of the most recent legal setback against music sharing...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
After infamously departing (i.e., being fired) from the nascent production of the Broadway musical Spider-Man: Turn Off the Dark, acclaimed stage and screen director Julie Taymor filed suit against the show’s producers. As...more
In This Publication:
- General Information
- Investment Factors
- Intellectual Property
- Principal Forms of Business Entities
A recent court case in New York highlights the ever-increasing clash between copyright law designed for real-world, physical goods and a modern world embracing all things digital....more
On April 25, 2013, the Second Circuit issued its decision in Cariou v. Prince, agreeing with the artist Richard Prince and his gallery, Gagosian, that “the law does not require that a secondary use comment on the original...more
In this issue:
- Federal Circuit: Speak Now or Forever Hold Your Appeal
- The Federal Circuit Draws the Line on Permissible Changes to Design Patent Claims – Or Does It?
- DMCA Safe Harbor Upheld for...more
Does a copyright owner have a proprietary claim to property purchased from the proceeds of an infringement of copyright? On 5 February 2013, Mr Justice Newey delivered a detailed judgment in the High Court that provides a...more
A year after hearing oral argument, the Second Circuit has issued its much anticipated decision in Cariou v. Prince on copyright fair use in the visual arts.
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
Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following...more
- Viacom International v. Google Inc., USDC S.D. New York, April 18, 2013:
On remand from the Second Circuit, district court grants summary judgment in favor of Google and its YouTube platform on all copyright...more
The taxation of computer software is complex, confusing, and in some circumstances, uncertain; although self-created computer software is routinely sold today, especially with the significant increase in the number of...more
In Cariou v. Prince, No. 11-1197-cv (2d Cir. Apr. 25, 2013), an opinion with significant importance for the art world, the U.S. Court of Appeals for the Second Circuit clarified what is required for a defendant’s entitlement...more
A copyright affords the copyright owner with “exclusive rights”. One such right is “to distribute… copies of [a] copyrighted work”under 17 U.S.C. § 106(3). Under the first sale doctrine, “The owner of a particular...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
A New York state court has ruled that a DMCA safe harbor does not protect internet services from claims they infringe pre-1972 sound recordings. The decision, UMG Recordings v. Escape Media Group, creates new uncertainty and...more
In This Issue:
Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon....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
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