News & Analysis as of

Copyright Licensing Agency releases new Pharmaceutical Collaboration Licence

Companies holding an existing Pharmaceutical Licence from the Copyright Licensing Agency (“CLA“) have been given the opportunity to upgrade to a new Trial Pharmaceutical Collaboration Licence (“TPCL“), at no extra cost. The...more

Implications of U.S. Sanctions Program on Intellectual Property Owners

To advance U.S. foreign policy and national security objectives, the U.S. maintains laws and regulations that impose economic sanctions against certain countries, individuals, and entities (the "U.S. Sanctions Program"). 31...more

Copyright Office to Study Music Licensing

The United States Copyright Office has announced the initiation of a study of the effectiveness of existing methods of music licensing. Three types of licenses were mentioned in the announcement: (1) compulsory licenses for...more

Ninth Circuit Makes Bad Copyright Law from Bad Facts

In a decision that is already being criticized as “horrific” and “judicial activism,” the Ninth Circuit created copyright protection for an acting performance in a short film for which the actress read from a script and was...more

Online streaming of free-to-air TV channels: Why the approach taken by the European Court of Justice and UK High Court in the...

While in the UK the law in relation to the live streaming of free-to-view television channels has been resolved, following the reference to the CJEU and the High Court decision in the TVCatchUp (TVC) litigation, in favour of...more

Copyright Protection for User Generated Content in Virtual World Confirmed

While a legal battle will continue between a Second Life content "consultant" and a school teacher using the online virtual-world creating program as an educational tool, the Southern District of New York made one thing clear...more

Facing the Music

Every so often I notice a news item about a lawsuit being brought by ASCAP or BMI to enforce their music licensing rights against some small bar or restaurant. ASCAP ( American Society of Composers, Authors and Publishers)...more

Southern District of New York Holds Music Publishers Cannot Selectively Withdraw New Media Rights from ASCAP's Repertory

On September 17, 2013, the United States District Court for the Southern District of New York held that the consent decree entered into by and between the American Society of Composers, Authors and Publishers (ASCAP) and the...more

Managing Risk for Licensing Agreements During Merger Activities

Scott & Scott, LLP attorney, Brian Von Hatten, says an inadvertent transfer of a software license in an M&A transaction may result in significant penalties, including but not limited to relicensing the software already...more

Points & Authorities - Summer 2013: The Entertainment Issue

In This Issue: - It’s Always Something: The Repeated Assaults on Licensee Rights in Bankruptcy - Clearance: Start Early and Avoid the Clutter - New Faces - Points from the President - The...more

The Interplay Between Digital Media and the First Sale Doctrine

The first sale doctrine allows owners of copies of copyrighted works (e.g. used books, CDs, DVDs) to resell their copies without restriction, and it is this distinction between sales and licenses that has made the licensing...more

Copyright Alert: Associated Press v. Meltwater

Meltwater News infringed copyrights of the Associated Press (AP), the U.S. District Court for the Southern District in Manhattan held last week, when Meltwater republished excerpts of AP news stories as part of its online...more

Harlem Shake's Copyright Issues [Video]

March 25 (Bloomberg Law) -- Because you're watching this on the Internet you have undoubtedly seen Harlem Shake videos. And you're likely sick of them. There are more than 60,000 of them, and they've been watched more...more

Three Point Shot - March 2013

In this Issue: - Reversal of Fishy Court Opinion Gives Boat Crew Another Chance to Reel in a Million-Dollar Prize - Don’t Eat the Yellow Snow - Grades for Football Prospects Copyrightable, But Sports Writer Not...more

Social Media Law (Part 2: Twitter & Copyright)

This recent US copyright decision involving Agence France Presse (AFP) and photographer Daniel Morel dealt with the rights of a news publisher to publish images posted to Twitter....more

Network Interference: A Legal Guide to the Commercial Risks and Rewards of the Social Media Phenomenon (2nd Edition)

In October 2009, we published the first edition of this White Paper, focusing primarily on social media issues in the United States. The response was overwhelming and far beyond our expectation — clients, friends, press and...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - January 4, 2013

In This Issue: - Washington Shoe Co. v. A-Z Sporting Goods, Inc., USCA Ninth Circuit, December 17, 2012: Ninth Circuit reverses dismissal of copyright infringement action by Washington-based shoe manufacturer...more

Assignment of Copyright through Terms of Use: Does E-Sign Make It OK? A Tool for B2B Sites Dealing with Unauthorized Access to...

It is a common practice for Web site providers who accept submissions of user-generated content to include a license provision in their “Terms of Use” to obtain rights to use the content....more

Doing Business in Canada: Intellectual Property Law

Intellectual property (IP) portfolios are valuable assets that must be properly acquired, advantageously exploited and thoroughly protected in all commercially significant jurisdictions. Companies considering doing business...more

The State of Information Technology Law - 2012

I. INTRODUCTION - On September 16, 2011, President Obama signed the Leahy Smith America Invents Act (AIA) (H.R. 1249). The AIA is the most sweeping modification of the Patent Act since 1952. Among the various objects...more

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