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
Legal Trends: Where is the action in copyright law today?
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
Paycom Payroll, LLC v. Richison -
Copying alone is insufficient to establish copyright infringement, according to the U. S. Court of Appeals for the Tenth Circuit. In an infringement action involving computer...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
If you are looking for answers to copyright questions, the Copyright Office’s newly issued 1,222-page “Compendium of U.S. Copyright Office Practices” might seem like a good resource. The book, issued on August 19, 2014, to...more
Arrow Productions, LTD v. The Weinstein Company LLC - USDC, S.D. New York, August 25, 2014:
District court dismisses copyright and trademark infringement claims of copyright owner of 1972 pornographic film Deep Throat,...more
Federal Circuit Remands for Reconsideration of $6.6 Million Attorney Fees Award
On September 4, 2014, the Federal Circuit remanded a case to the district court to reconsider an attorney fees award in light of the Supreme...more
Last month, the Missouri Court of Appeals, Western District, held that a public university was not required to turn over copies of certain course materials, including course syllabi, in response to a public records request....more
Being a business law attorney it came to my attention, as I walked down the snack food aisle at the grocery store, and noticed a product that looked similar to a “Twinkie” that product copying can clearly be a problem for a...more
Actuate Corp. v. Fidelity National Information Services - USDC, N.D. California, August 22, 2014:
District court dismisses claims for direct and indirect copyright infringement, finding that action against licensee for...more
Continuing our primate theme for this month's newsletter, we thought this would be as good a time as any to remind our readers as to the important distinction between copyrighted artistic works, and use of elements from those...more
Automated Solutions Corp. v. Paragon Data Sys., Inc., 2014 WL 2869286 (6th Cir. June 25, 2014).
In this copyright infringement case, the plaintiff appealed a lower court’s ruling that denied the spoliation sanctions...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
Petrella v. Metro-Goldwyn-Mayer, Inc. - USCA Ninth Circuit, August 22, 2014:
On remand from the U.S. Supreme Court, which held that doctrine of laches could not bar plaintiff's copyright infringement claims involving...more
Following a series of recent appellate decisions across the spectrum of intellectual property disciplines, including the fields of patent, copyright and trade secrets, the Court of Appeals for the Third Circuit has ruled that...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
Two software companies wanted to integrate their software products. The relationship soured and one of the parties - McHenry - purported to terminate the Software Licensing and Development Agreement and then launched a...more
The intersection of bankruptcy law and intellectual property law is not a very nice neighborhood. Anyone dealing with intellectual property license agreements must think about how these agreements are affected if one party to...more
We can chalk up another Internet-prompted intellectual property frontier: performance rights. People have been performing for one another for centuries. But suddenly courts are grappling with performance copyright claims,...more
I can’t even say the word! Don’t worry, I’ll have to eventually. Let’s just say the folks at CBS are likely pretty steamed up over getting hauled into court on a smelly copyright suit involving a noisy character from its...more
One of the most common reactions to an initial software audit letter is that management had no knowledge of any potential violations, that the IT personnel behavior violated corporate policy, and that management did not...more
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