IP|Trend: Discovering Source Code
Legal Considerations for Web-Based Start-Ups
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
Kienitz v. Sconnie Nation LLC -
The U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s grant of summary judgment based on fair use, but cited different grounds than the district court and...more
Oracle Corporation v. SAP AG -
The U.S. Court of Appeals for the Ninth Circuit has explained that a copyright owner is not required to show that it actually would have granted a license to the defendant before it can...more
You can buy or sell breakfast or a toaster without a lawyer. Business law is based on common sense. Intellectual Property (“IP”) is different. Common sense does not always apply to IP. This is dangerous because IP can be a...more
Technische Universität Darmstadt v. Eugen Ulmer KG -
The European Court of Justice (ECJ) ruled on the meaning of an exception contained in the European Copyright Directive (2001/29/EC), permitting the provision of...more
The artist, born Robert Clark, changed his last name to Indiana (his home state) when he moved to New York in the 1950s. Indiana was part of the art scene that included Jasper Johns, Robert Rauschenberg, Cy Twombly,...more
Years before I was a lawyer, I saw Vanilla Ice on The Tonight Show. Jay Leno asked whether his song, Ice Ice Baby (listen to seconds 8-24) sounds like David Bowie’s Under Pressure (listen to seconds 9-20). I’ve not seen a...more
When we last examined the intellectual property issues raised by a self-portrait taken by a talented female Indonesian crested black macaque—popularly known as the “Monkey Selfie”—we concluded that there was unlikely to be...more
Citing the Supreme Court of the United States’ Spring 2014 decision in Alice Corp. v. CLS Bank, the U.S. Court of Appeals for the Federal Circuit reversed itself and concluded that a claimed method for distributing online...more
The decision in Football Dataco by the European Court of Justice ended the possibility by broadcasters of appealing to the so called Dutch Geschriftenbescherming (kleine Munze). In the commented case, the Amsterdam Court...more
On this especially cold day in the Northeast, my thoughts are on the coming winter. And winter reminds me of the cold, and of feeling frozen. And the word frozen reminds me of Disney’s Frozen, the highest-grossing animated...more
The Federal Circuit in Ultramercial, Inc. v. WildTangent, Inc., held that an “entrepreneurial” multi-step process for distributing copyrighted media products over the Internet to consumers is not patent-eligible under 35...more
In This Issue:
- Look Before You Click “Agree”: The Importance of Negotiating Your Company’s Software License Agreements
- Fraud in Virginia
- Common Myths about Copyright and the Internet
- Excerpt from...more
In its third opinion reviewing the same district court decision, the Federal Circuit this time affirmed the district court’s grant of WildTangent’s motion to dismiss Ultramercial’s patent infringement complaint because the...more
The PTAB weighed in on whether a copyright notice can be sufficient to demonstrate the priority date of a printed publication in FLIR Systems, Inc. v. Leak Surveys, Inc., IPR2014-00411, -434, -608, and -609. In Flir,...more
HarperCollins Publishers LLC v. Open Road Integrated Media LLP - USDC, S.D. New York, November 6, 2014:
District court grants publisher’s motion for permanent injunction to enjoin defendant from publishing e-book...more
Earlier this year, Socially Aware noted a peculiar decision out of the Ninth Circuit Court of Appeals holding that an actress owns a copyright interest in her five-second performance in a film and thus could demand the...more
A SURVEY OF PRIVACY, COPYRIGHT, AND TRADEMARK ISSUES -
Today, even Elvis has a Facebook page, Instagram2 and Google+ accounts, a Twitter handle, a Pinterest board, and a mobile app. The Internet and the mobile...more
Knowledge and intellectual property rights are both important elements of any outsourcing transaction but each is addressed in different ways. Many organizations involved in outsourcing over-value (and over-protect) IPR and...more
Myth: If it’s on the Internet, it’s in the public domain.
“Public domain” refers to works which are NOT protected by copyright law. There are only three ways in which something can be considered...more
Florida Broker Denied Assist in Argentine Soccer Media Rights Deal -
2014 has been a decent year for soccer – ahem, fútbol – in Argentina. An Argentine club team (San Lorenzo) won the 2014 Copa Libertadores, South...more
Last month, Google asked the Supreme Court to hear its appeal of an appeals court ruling that certain application program interfaces (APIs) are copyrightable. Oracle’s response is due in December, and the US Government may...more
On 21 October 2014, the Court of Justice of the European Union (the CJEU) gave its decision in Bestwater, a case that, like the decision in Svensson earlier this year, concerns the question of whether there is an infringement...more
Traditionally, media companies (as well as non-media companies) almost exclusively utilized their own content. However, because of the exponential growth in the public’s desire and ability to interconnect through social media...more
It isn’t often that Forbes and Arcade Sushi are reporting on the same story. But some news is so big, so ground breaking, and so important that all media outlets cannot, in good moral consciousness, fail to comply with their...more
If you thought that all works by Lord Byron or William Shakespeare would definitely be out of copyright now, you wouldn’t necessarily be right.
The general rule of UK copyright law is that copyright in a literary work...more
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