(Podcast) The Briefing: Does This Court’s Ruling Put an End to Tattoo Copyright Cases?
The Briefing: Does This Court’s Ruling Put an End to Tattoo Copyright Cases?
The latest on: NFL Anti-Trust decision; Record Labels Sue Over Generative AI; Copyright Office clarifies Termination Rights, Royalties, Transfers, Disputes, and the MMA.
The Briefing: No Copyright Protection in Fitness Routines for Celebrity Trainer Tracy Anderson [PODCAST]
The Briefing: No Copyright Protection in Fitness Routines for Celebrity Trainer Tracy Anderson
The Briefing: Not Terminated - Cher Still Entitled to Her Share of Music Royalties
The Briefing: Not Terminated - Cher Still Entitled to Her Share of Music Royalties (Podcast)
SCOTUS and federal court rulings on TTAB decisions on granting trademarks and trademark renewals; Netflix settling an anticipated defamation case with a disclaimer and donation
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years (Podcast)
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years
SCOTUS applies the "discovery rule" in timely copyright infringement claim; Cher wins in Marital Settlement Agreement vs Copyright Grant Termination Notices; Student Athletes Win Revenue Share and NIL
Your AI Compliance Playbook: Case Studies in Business & Legal Risk Management
The Briefing: Another Court Gets It Right in Tattoo Copyright Dispute
The Briefing: Paramount Splashes Top Gun Maverick Copyright Lawsuit
The Briefing: Brandy Melville Doubles Down Against Redbubble (Podcast)
The Briefing: Brandy Melville Doubles Down Against Redbubble
AI Update: ELVIS Act Passes, SAG-AFTRA Agree with Record Labels. FTC Non-compete Ban Analyzed By Gordon Firemark and Tamera Bennett.
The Briefing: How “Knockoff” Furniture Landed Kim Kardashian in an IP Lawsuit
The Briefing: How “Knockoff” Furniture Landed Kim Kardashian in an IP Lawsuit (Podcast)
The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a...more
The impersonation of celebrity voices is nothing new. Almost 40 years ago, Bette Midler successfully sued Ford Motor Company when it used an impersonation of her voice in a car commercial. Singer Tom Waits also won a similar...more
Delve into the complexities of vicarious infringement and DMCA violations in AI training. Scott Hervey and James Kachmar from Weintraub Tobin dissect the recent district court ruling on OpenAI's copyright infringement...more
The Trademark Trial and Appeal Board (TTAB) recently ruled in In re Joseph A. Stallard (dba Osgoode Media) that Osgoode Media could not register the image of a character as a trademark in connection with a video game....more
On March 24, 2023, the Southern District of New York held that the Internet Archive (“IA”)’s digitization and lending online of the Hatchette Book Group (“Publishers”)’s copyrighted physical books infringed Publishers’...more
Just like Napster triggered a global, technological shift in the way music is consumed and distributed, we are now on the precipice of another major revolution certain to disrupt the music industry. Artificial intelligence,...more
The US Court of Appeals for the Eighth Circuit upheld a ruling that a marketer had an implied copyright license to distribute marketing materials containing digital copies of photographs of the late musical artist Prince....more
The Internet has developed into an essential part of virtually every business, from online sales, to software as a service, to online marketing. This has led to a corresponding rise in the type and volume of online IP risks...more
It’s been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, could mean the end to the server test, a once widely-followed copyright doctrine established by...more
As you’ve read in this space before, copyright law can be hard to navigate. Because copyright infringement is a strict liability tort, copying someone else’s material can lead to much more serious consequences than when you...more
While it’s safe to delete and ignore most phishing emails – such as one from a mysterious foreign prince offering you a share of his fortune – it’s a headache to have to worry about whether what appears to be a Digital...more
Nearly 25 years ago, the Digital Millennium Copyright Act was added to the Copyright Act. Among its provisions were “paracopyright” measures extending protection in areas well beyond that of traditional copyright law. One...more
On December 22, 2020, Senator Thom Tillis (R-NC), then chair of the Senate Judiciary Subcommittee on Intellectual Property, released a discussion draft of the Digital Copyright Act of 2021 (DCA) that would make sweeping...more
A series of recent cases and settlements involving the unauthorized embedding of images into third-party online content have called into question long-held assumptions that embedding did not infringe upon a copyright holder’s...more
The US Court of Appeals for the Sixth Circuit affirmed a district court’s grant of summary judgment in favor of the defendant, finding no current or future copyright infringement. OverDrive Inc. v. Open E-Book Forum dba...more
The US Court of Appeals for the Sixth Circuit affirmed a district court’s summary judgment grant with respect to a copyright infringement claim related to technical drawings, and reversed the court’s summary judgment grant...more
The Digital Millennium Copyright Act (“DMCA”), signed into law in 1998, has had an enormous and long-lasting impact on the rights of copyright owners and the evolution of the internet....more
On May 21, 2020, the Copyright Office issued a Report on the DMCA (“Report”) expressing the view that case law applying the DMCA’s safe harbor provision have fallen out of balance, tilting too far in favor of online platforms...more
When the Digital Millennium Copyright Act of 1998 (the “DMCA”) was enacted, the stated goal was to bring federal copyright law into the 21st century by providing certain immunities to internet service providers while...more
A recent decision of the Southern District of New York shields digital publishers from copyright infringement when embedding public Instagram posts in news pieces posted online. In the case, Stephanie Sinclair, a...more
The so-called Big Three record companies—Universal, Sony, and Warner—have sued to hold an internet service provider liable for facilitating its customers’ copyright infringement....more
The Digital Millennium Copyright Act (“DMCA”) was intended to update U.S. copyright law for the digital age. Originally enacted in 1998, the DMCA intended to protect copyright holders from companies who made money by making...more
ReDigi, an online platform that allows users to buy and sell pre-owned digital content directly from other consumers, is asking the Supreme Court to overturn a ruling finding that its services were not protected by the...more
Holding that reproduction of a digital file for purposes of resale does not fall under the “first sale” doctrine of the Copyright Act, the US Court of Appeals for the Second Circuit affirmed the district court’s grant of...more