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Fair Use Young Lawyers

Foley Hoag LLP - Making Your Mark

Frankenstein and Copyright: 5 Things You Should Know

The first edition of Frankenstein, or The Modern Prometheus, was published in 1818, two hundred years ago. Originally offered to the public as an anonymous work, Frankenstein was both the apogee of the gothic horror novel and...more

McNees Wallace & Nurick LLC

2017 In Review – Trademarks, Copyrights and Patents

Trademark Law - Let Them Register Offensive Trademarks! - In June of 2017, in Matal v. Tam, the Supreme Court held that the disparagement clause of the federal Lanham Act violates the Free Speech Clause of the First...more

Dorsey & Whitney LLP

Fair Use on The Loose For The Great Dr. Seuss!

Dorsey & Whitney LLP on

You may remember, you may recall, A certain infringement suit filed last fall. It was filed by the heirs of the great Dr. Seuss, And now they’ve run smack dab into the doctrine of fair use....more

Sullivan & Worcester

"Fearless Girl" Sculpture Near Wall Street Prompts Copyright Allegation That is More Bull than Bear

Sullivan & Worcester on

The sudden appearance near Wall Street on March 8, 2017 of The Fearless Girl, a bronze life-sized depiction of a roughly ten-year old girl staring defiantly at the famous Charging Bull sculpture has prompted headlines...more

Weintraub Tobin

Phasers Set to Stun – Star Trek and Fan Film Producers Trade Copyright Shots

Weintraub Tobin on

Fan films and fan fiction ordinarily don’t end up being the subject of a federal court lawsuit. Most fan fiction are creative expressions reflecting adoration of a series, film or character and the majority of copyright...more

Weintraub Tobin

Tattoo Infringement Case Against NBA 2K Game Publisher Shows Misunderstanding of Applicability of Statutory Damages

Weintraub Tobin on

This isn’t just another tattoo-copyright infringement case. This case raises an important lesson for all copyright claimants. The backstory: Solid Oak is a licensing firm that represents the go to tattoo artists for...more

Dorsey & Whitney LLP

Ninth Circuit Does a Two-Step in “Dancing Baby” Case

Dorsey & Whitney LLP on

While many were focused on “The Big Dance” on March 17, 2016, the 9th Circuit Court of Appeals did some “dancing” of its own. The Court issued a revised opinion in Lenz v. Universal and thereby amended what has been referred...more

Pillsbury - Internet & Social Media Law Blog

Fox News & Fair Use: How Transformed Does Reposted Content Need to Be?

At its heart, social media’s purpose is sharing content; however, fair use can only take one so far. A recent case serves as yet another reminder to exercise caution when reposting content, and that, in a litigious society,...more

Sheppard Mullin Richter & Hampton LLP

Copyright Is Nothing To Joke About

Last summer, comedian Robert Kaseberg filed a copyright infringement suit against Conan O’Brien, among others, alleging that O’Brien incorporated four jokes written by Kaseberg in the opening monologues of his television show...more

Womble Bond Dickinson

DMCA Take-Down Notice: Best Practices

Womble Bond Dickinson on

Since 1998, when the Digital Millennium Copyright Act (the “DMCA”) was enacted, the DMCA take-down notice has achieved the status of a trusted weapon aimed by copyright owners directly at the unauthorized transmission of...more

Foley Hoag LLP - Trademark, Copyright &...

Copyright Strategies for Start-Up Companies

As a leader of a start-up company, you are probably aware of the importance of protecting your company’s innovative products, services and technologies through patent filings. If you are savvy, you are also aware of the...more

Davis Wright Tremaine LLP

The Dancing Baby Grooves to Mixed Victory in the Ninth Circuit: Court Holds That DMCA Takedown Notices Require Consideration of...

Behind the scenes of the Internet’s current swirl of memes, mash-ups, and other viral content is a massive system of takedown notices and counter-notices passing back and forth between content owners, web hosts, and users,...more

Morrison & Foerster LLP

The Survey Says: TIFFANY Is Not Generic for a Ring Setting

Last week, the Southern District of New York granted summary judgment to Tiffany & Co. on its trademark infringement claim against Costco Wholesale Corporation for selling rings advertised under the TIFFANY mark. Tiffany &...more

Foley Hoag LLP - Trademark, Copyright &...

Harry Potter Lawsuits And Where To Find Them

On July 31, 2015, Harry Potter author J.K. Rowling celebrates her 50th birthday, according to muggle sources. The enormous success of Rowling’s literary creation and its associated multimedia empire has spawned countless...more

Proskauer - New Media & Technology

Facial Recognition Technology: Social Media and Beyond, an Emerging Concern

This week, a major self-regulatory initiative intended to address privacy concerns associated with facial recognition technology hit a significant stumbling block. Nine consumer advocacy groups withdrew from the National...more

Kelley Drye & Warren LLP

Instagram for Sale: Artist Richard Prince’s New Portraits Sparks Controversy

In the past week, several news outlets and social media channels have been buzzing about artist Richard Prince’s exhibit New Portraits, which first debuted at the Gagosian Gallery on September 19, 2014 and was reborn with...more

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