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The Copyright Act Young Lawyers

Smart & Biggar

Canadian IP law and practice in 2016: reviewing the highlights

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As the calendar turns the page from 2016 to 2017, we take the opportunity to review Canadian IP law and practice highlights from the past year....more

Fish & Richardson

Federal Copyright Preemption of State Law Claims – Still a Powerful Defense Tool in Commercial Litigation

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Recently our colleagues Natalie Arbaugh and Rex Mann discussed the Fifth Circuit’s decision in GlobeRanger Corp. v. Software AG USA, Inc., 2016 WL 4698270 (5th Cir., Sept. 7, 2016), focusing on the Court’s discussion of the...more

Foley Hoag LLP - Making Your Mark

Hot News, Shredded Wheat and Wool Underwear: Brandeis On Copyright And Trademark

October 9 marks the 100th anniversary of Louis Brandeis’ first session as a justice of the Supreme Court of the United States (October 9, 1916 was the second Monday in October – in 1917, the Court began meeting on the first...more

Ladas & Parry LLP

California District Court Puts Baby In A Corner

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In the United States, federal laws take precedence over state law and common law causes of action where there is an overlap. This lesson was recently learned again in Lions Gate Entertainment Inc v TD Ameritrade Services...more

Davis Wright Tremaine LLP

Copyright’s “Double Spend” Problem: Digital First Sales

For those interested in the evolution of digital currencies, I highly recommend Steven Levy’s “E-Money (It’s What I Want)” article from Wired way back in December 1994. It’s a great read, and presages many current...more

McDermott Will & Emery

Waiting to File Makes No (50) Cents (Simmons v. Stanberry)

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The U.S. Court of Appeals for the Second Circuit has held that the Copyright Act’s three-year statute of limitations applies to exclusive licensees thereby precluding a lawsuit against rapper Curtis Jackson, also known as “50...more

Foley Hoag LLP - Trademark, Copyright &...

Justice Scalia on Trademark and Copyright: Dastar, Penguin-Shaped Cocktail Shakers and “Guilt by Resemblance”

When we decided to mark the passing of Justice Antonin Scalia by recounting a few of his copyright and trademark opinions, we were somewhat surprised to discover that there really hadn’t been that many. In fact, we located...more

Weintraub Tobin

Disney’s Influence on United States Copyright Law

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If you’ve ever applied for, or researched copyright law, you likely learned one thing above all else: it’s not a perpetual right. So, how, you might wonder, have companies like The Walt Disney Company managed to maintain...more

Dorsey & Whitney LLP

Is LeBron James a “Medium of Expression” under the Copyright Act?  We May Soon Find Out.

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Many professional athletes these days—particularly those in the National Basketball Association—have their bodies bedecked with all sorts of tattoos. It’s a trend that has steadily caught fire over the last several years...more

Foley Hoag LLP - Trademark, Copyright &...

Sue-per Bowl Shuffle II: The Year in NFL-Related Intellectual Property Litigation

Around this time last year, I started worrying about what would happen if someone at a Super Bowl party asked me to explain an NFL-related lawsuit, particularly one of those IP-ish lawsuits that I’m supposed to know about. So...more

Womble Bond Dickinson

DMCA Take-Down Notice: Best Practices

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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

Kelley Drye & Warren LLP

Aretha Franklin Is Looking For A Little Respect From Telluride And Toronto Film Festivals

On September 4, 2015, a long running legal battle over the right to use footage from a 1972 concert by Aretha Franklin took a twist right out of a Hollywood movie when the Queen of Soul sought, and was granted, a temporary...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

Proskauer - New England IP Blog

Summary Judgment Ruling Not a Pretty Picture for Massachusetts Copyright Plaintiff

A recent decision from the District of Massachusetts demonstrates the difficulties that can arise when attempting to protect copyrighted works displayed on the internet. The July 29, 2015 order issued by the Honorable Patti...more

Pillsbury - Internet & Social Media Law Blog

Twitter, the DMCA and Copyright in the Age of Sharing

As social media platforms continue to find new ways to allow users to share, post, and forward nonoriginal content and users become more engaged in the practice, the platforms hosting the content and disgruntled original...more

Foley Hoag LLP - Trademark, Copyright &...

Copyright Law: The Silent © in Same-Sex Marriage

Last week, the focus of the legal world was not on intellectual property, to put it mildly. However, copyright law did have a small and somewhat silent, but still important, role in the Supreme Court jurisprudence that led to...more

BakerHostetler

Ninth Circuit Draws Fine Line Around Fine Art Resale Royalties

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In a partial victory for artists such as Chuck Close and the Sam Francis Foundation—and for other visual artists who sold early works for rent money before establishing their name and value—the Ninth Circuit Court of Appeals...more

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