Not since the Y2K days has there been more buzz over a subject, i.e., NFTs and the Metaverse. Only time will tell if this trend is an exaggeration, or if we are on a “Don’t Stop Believin’” euphoric Journey that is here to stay.
Read more »Tag: copyright
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NFT-Related IP Litigation On The Rise Posted on: June 07, 2022 In: Intellectual Property & Technology
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Smooth Sailing for States to Infringe Copyrights Posted on: April 02, 2020 In: Intellectual Property & Technology
The U.S. Supreme Court recently ruled 9-0 that a 1990 law intended to provide a means of redress against States that commit copyright infringement is unconstitutional as written, and that sovereign immunity shields States from being held liable for copyright infringement. Though most copyright owners do not have to worry about States infringing their works, the facts of the case offer an important insight that all owners of any IP should note.
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The Dominos Have Started to Fall After Landmark “Stairway to Heaven” Copyright Ruling Posted on: March 20, 2020 In: Intellectual Property & Technology
One of the biggest rulings in music copyright law was recently issued by an en banc panel of the Ninth Circuit Court of Appeals and its impact has already been felt in another high-profile case. The decision in Skidmore v. Led Zeppelin (Ninth Circuit No. 16-56057, Issued March 9, 2020) marked what will certainly be seen by copyright scholars as a watershed moment.
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An Overview of U.S. Design Rights – Infringement & Enforcement, Part 2 of 2 Posted on: December 19, 2019 In: Intellectual Property & Technology
In our previous post, we identified the types of design rights infringement that are actionable. In this part, we will cover the different types of remedies available to rights owners and defenses available to accused infringers.
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An Overview of U.S. Design Rights – Infringement & Enforcement, Part 1 of 2 Posted on: December 17, 2019 In: Intellectual Property & Technology
This two-part blog series provides a primer on the different types of design rights in the United States and their enforcement. Part I will review the various types of infringement, and Part II will address remedies available to rights owners and defenses available to accused infringers. These posts are based on a paper and presentation delivered at the AIPLA’s Design Rights Boot Camp Conference in August 2019.
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Design Patents 101 - Part 1 of 2 Posted on: December 11, 2019 In: Intellectual Property & Technology
This two-part blog series provides a primer on design patents and is based on a presentation delivered at the AIPLA Design Rights Boot Camp in August 2019). Part I will cover the basics of design patents and compare them to other IP protections, such as trademark and copyright.
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Players v. Haters: Ninth Circuit Says Creativity a Matter of Fact in Taylor Swift Copyright Suit Posted on: October 29, 2019 In: Intellectual Property & Technology
Taylor Swift fans might need to calm down after yesterday’s decision out of the Ninth Circuit. In 2017, two songwriters sued Taylor Swift over the chorus of her hit song “Shake It Off,” alleging her song infringed the copyrighted lyrics in their song “Playas Gon’ Play,” released in 2001.
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I Can’t Get Sued for Posting a Picture of Myself on Social Media… Can I? Posted on: October 17, 2019 In: Intellectual Property & Technology
The rise of social media has presented the courts with a seemingly never ending slew of counterintuitive, but probably valid claims. For example, the pop star Justin Bieber recently posted an image on his social media of himself and a friend in the backseat of a car. The photo, of course, was taken by a paparazzo undoubtedly lying in wait for just the right opportunity to snap the angst-ridden star. The photographer has now filed suit for copyright infringement against Mr. Bieber.
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Supreme Court Declines to Hear ReDigi First Sale Doctrine Case Posted on: June 28, 2019 In: Intellectual Property & Technology
Despite the potentially important impact of the Second Circuit’s decision in Capitol Records, LLC v. ReDigi Inc. on the digital music industry, the United States Supreme Court has denied ReDigi’s petition to review the Second Circuit’s refusal to apply the First Sale Doctrine to the transfer of digital music files.
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What Wearable Tech Could Mean for Sports as “Hot News”: A Lesson from the Alliance of American Football Posted on: May 17, 2019 In: Intellectual Property & Technology
On April 2, 2019, in the middle of its inaugural season, the nascent Alliance of American Football (AAF) ceased all operations. Within weeks the AAF filed for Chapter 7 bankruptcy, leaving in its wake new technologies that might one day reshape the world of professional sports.
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‘Full Moon’ Costs Denied by Supreme Court in Oracle Copyright Case Posted on: March 14, 2019 In: Intellectual Property & Technology
On March 4, 2019, the Supreme Court issued a unanimous decision overturning the Ninth Circuit Court's award of $12.8 million in costs in the copyright infringement matter Rimini Street, Inc. et al v. Oracle USA, Inc. et al. Newly confirmed Justice Kavanaugh penned the opinion for the Court, holding that the Ninth Circuit's expanded view of "full costs" set forth in 28 U.S.C. §§ 1920 and 1821 was improper, going beyond the "costs" typically available to copyright litigants
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Copyright First Sale Doctrine Inapplicable to “Used” Digital Music: Second Circuit Posted on: January 24, 2019 In: Intellectual Property & Technology
Copyright law’s First Sale Doctrine is the foundation of the music resale business. This doctrine mandates that a lawful purchaser of a copy of a copyrighted work is free to resell that particular copy without infringing the copyright holder’s distribution rights. he digital music resale business, however, was recently presented with a serious obstacle by a Second Circuit decision.
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