(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
For years, publishers have been without a cost-effective way to register the full content of news media websites. The U.S. Copyright Office recently addressed this need by creating a new "group" registration for online news...more
We promise we didn’t just spill a can of alphabet soup in the title of this post! If your company’s website hosts user-generated content, or UGC (more acronyms!), you may be able to take advantage of a provision under US...more
It happens way too often. A website owner or employee innocently downloads to their website a photograph or some other work to illustrate or explain some aspect of the owner’s business. Or, its use may be intended to draw...more
The explosive growth of generative AI has been accompanied by a corresponding growth of contractual provisions addressing generative AI issues. Website operators in particular are increasingly seeking to use their online...more
In the time it took you to read this far, a new website was built (per Siteefy, a new site goes live every three seconds). More than 70% of all businesses have a website, and there are more than 600 million blogs on the...more
The Ninth Circuit recently issued an opinion affirming that Zillow infringed thousands of copyrights owned by a real estate photography studio. Scott Hervey and James Kachmar discuss this case on this episode of The Briefing....more
On July 17, 2023, in Hunley v. Instagram, LLC, No. 22-15293, the Ninth Circuit reaffirmed the "server test," which protects websites from copyright liability for embedding images that are hosted on another website's server....more
The Federal Trade Commission (FTC) recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides), which address the FTC’s latest thinking about how the...more
By choosing to ‘embed’ social media posts, BuzzFeed News and Time avoided copyright liability due to unauthorized display of two photographers’ Instagram content. Embedding occurs when a website links to content from another...more
You’ve received a letter from a lawyer saying that a photo you found online and uploaded to your website infringes a photographer’s copyright. Maybe you do nothing and wait to see if you get another letter. Maybe you take the...more
This spring, join our Smart & Biggar trademark experts and gain new insights at our popular Canadian Trademarks webinar series. Each webinar provides practical tips and strategies for global brand protection in Canada, with a...more
Online content piracy refers to the unauthorized distribution or reproduction of copyrighted material, such as movies, music, and software, over the internet. This is often done through file-sharing websites or peer-to-peer...more
Introducing Our Secret Plan to Fight Inflation - It’s simple: Don’t fall afoul of the FTC - ’Twas Ever Thus - Every year, like the swallows returning to Capistrano, the Perseid meteor shower, or a Real Housewives...more
Thank you for reading the October 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark suit involving a claim of irreparable harm, share the now open gTLD Sunrise periods,...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
Can internet service providers necessarily be compelled to unmask anonymous copyright infringers? In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the...more
The recent opportunities for remote work and learning have provided improvements in lifestyle for a number of employees and students. Many of those able to work or study from home have benefited from more flexible schedules,...more
On March 24, 2022, the Supreme Court of Canada denied Teksavvy Solutions Inc’s application for leave to appeal a decision of the Federal Court of Appeal (2021 FCA 100), affirming the Federal Court’s decision in Bell Media Inc...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
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a photographer’s copyright infringement lawsuit against a travel website that stored his image on a webpage that is unlikely to be...more
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a photographer’s copyright infringement lawsuit against a travel website that stored his image on a page that is unlikely to be viewed...more
In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright lawsuit against Buzzfeed, over its practice of embedding images from social media pages into their website. ...more
Suppose that you have expressed your idea into a tangible form such as a website or web page. Although your copyright exists upon the moment of creation, do you have a valid copyright on the website or web page? Should you...more