Roadmap for Intellectual Property Protection in China -- Copyright Protection in China

As part of its work on supporting right holders of intellectual property, the EU-China IPR2 Project publishes a series of condensed guides for European and Chinese companies seeking practical advice on how to protect their IP in China and Europe respectively. These Roadmaps for IP Protection are...

Westermeier on The Non-Assignability of Open Source Software Licenses

Open source software licenses are copyright licenses. The open source software is copyrightable subject matter, and the open source license specifies the extent to which "copying" is permitted and under what terms and conditions. In this Analysis, Jay Westermeier, of Finnegan, Henderson, Farabow...

Collins on Registration Requirements of 17 U.S.C. § 411(a): Reed Elsevier, Inc. v. Muchnick

Before the Supreme Court’s decision in Reed Elsevier, Inc. v. Muchnick , 176 L. Ed. 2d 18 (U.S. 2010) , 17 USCS § 411 (a)’s registration requirement had been widely regarded as "jurisdictional." In Muchnick , the Supreme Court clarified that this registration requirement is...

Mardi Gras –Costumes? Creations? Couture? A New Sort of Revelry

When is a costume, well, just not a costume? That would be Mardi Gras - New Orleans, some of the revelers claim. In a decision that has long had many raising their eyebrows (pasted on or real) costumes have long been considered not protectable under copyright law on the theory that they fail...

Digital Britain and the return of the Stationer’s Company

Last week marked the 300th anniversary of the Statute of Anne , the first true modern copyright law in the West, which was passed by the British Parliament in 1710. It established a copyright term of 14 years and, for the first time, brought the author on stage as the party in whom the right...

Video Interview About Peer to Peer Sharing

This is the first in a series of short videos that will post over the next two weeks. I describe the basic issue behind the peer to peer debate and am curious to get your feedback. Where do you think this whole thing will go? Watch the video here .

Peer to Peer Sharing: The Best of Connected

What is peer to peer sharing? In the post, The Dangers of Downloading , we said, "[p]eer to Peer sharing involves any distributed network composed of users that make a portion of their resources available to other users on that network." In plain English it means I'll download yours if...

Supreme Court Takes Up Patent Inventorship Dispute

WASHINGTON, D.C. - (Mealey's) Four months after inviting the views of the U.S. solicitor general, the U.S. Supreme Court on Nov. 1 agreed to hear a case that could better define the rights of federal contractor universities in patent disputes arising from federally funded research ( Board of Trustees...

Jury Awards Oracle $1.3 Billion In Copyright Dispute

OAKLAND, Calif. - (Mealey's) After an 11-day trial, a jury in the U.S. District Court for the Northern District of California on November 23 determined that Oracle USA Inc. was entitled to $1.3 billion in actual damages in the form of a fair market value license for copyright infringement related...

The DMCA De-Fanged: Why Software Developers Need to Register Their Software With the Copyright Office

In this Emerging Issues commentary, Thomas C. Carey, a partner at Sunstein Kann Murphy & Timbers LLP, discusses a recent federal court case, MGE UPS Sys. v. GE Consumer & Indus., 612 F.3d 760 (5th Cir. Tex. 2010) , and its revised opinion, MGE UPS Sys. v. GE Consumer & Indus. Inc., 622 F...

Supreme Court Issues Split Ruling In Fair Use Copyright Dispute

WASHINGTON, D.C. -- (Mealey's) A divided U.S. Supreme Court on Dec. 13 allowed to stand a Ninth Circuit U.S. Court of Appeals ruling that the Copyright Act's first-sale doctrine does not apply to goods lawfully manufactured abroad and then sold domestically ( Costco Wholesale Corp. v. Omega S...

Top 15 Most Viewed Copyright/Trademark Posts for 2010: 11 - 15

11. Toyota Motor Sales: Internet Shoppers Rarely Confused by Trademark Use in Domain Names In a lively opinion displaying unusual judicial sophistication regarding the Internet, the Ninth Circuit rules that domain names buy-a-lexus.com and buyorleaselexus.com are non-infringing uses of the LEXUS mark...

Top 15 Most Viewed Copyright/Trademark Posts for 2010: 6 - 10

6. Alterations to the Design Piracy Prohibition Act: Innovative Design Protection and Piracy Prevention Act ("IDPPPA") Design piracy has long been considered a problem by some in the fashion industry and a boon by others. Other than trademarked brand logos, fashion design has primarily been...

Top 15 Most Viewed Copyright/Trademark Posts for 2010: 1 - 5

1. The Innovative Design Protection and Piracy Prevention Act - Fashion Industry Friend or Faux? Unlike their European Union counterparts, where protection of fashion designs has always been a part of the legal and cultural "fabric," for years the U.S. has lagged behind and failed to provide...

What’s Wrong with Musical Adaptations of French Songs and Their Ensuing Rights?

As a talented songwriter, have you ever been tempted to adapt and arrange that gracious French song, currently playing on a local radio in an exotic place? Well, if you have ever contemplated that option, I suggest that you think about it twice and be prepared to jump through hoops to make this adaptation...

Rihanna Topshop and Passing Off: A Love/Hate Relationship

Jeff Randall interviewed me during his live show on Sky News, on 31 July 2013, the day on which the court judgment Rihanna vs Topshop was made public. As Jeff’s interview was really short and snappy, I did not get a chance to say what I thought was important about this court decision, as far...

LaFrance on a Screen Actor's Claim to Copyright in her Performance: Garcia v. Google, Inc.

Excerpt: Who is the author of an actor's recorded performance? This question rarely arises in practice, because motion picture producers insist that all creative participants sign work-made-for-hire agreements. When this detail is overlooked, however, all bets are off, and attempts to assert authorship...