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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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?
the video here .
The U.S. Court of Appeals for the 9 th Circuit cited both Nimmer on Copyright and Milgrim on Licensing in Minden Pictures v. John Wiley & Sons , 2015 U.S. App. LEXIS 13197, its July 29 decision addressing standing of a photography licensing agency...
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...
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...