Copyright
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Intellectual Property
Why Is The Copyright Office Flying Blind In Rejecting Registration Of American Airlines’ New Design?
Ultimately, American’s case will eventually land on solid ground. -
Intellectual Property
Richard Prince: Thief, Appropriation Artist, Or Performance Artist?
Not surprisingly, he’s now embroiled in another copyright infringement suit again involving appropriation art. - Sponsored
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
The rise of remote work has dramatically reshaped the relationship between Lawyers and Law Firms, see how Scale LLP has taken the steps to get… -
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Morning Docket
Morning Docket: 10.12.18
* While you were busy watching Kanye spew drivel in the Oval Office, you may have forgotten that he was there to watch the Music Modernization Act get signed into law to enrich artists. And by “artists” we mean the RIAA. [The Verge]
* The public service loan forgiveness program appears to be a total disaster. Glad we got 10 years of free public service out of those chumps who honestly believed the Department of Education would honor its commitments! [Law.com]
* Washington strikes down the death penalty as racially biased in application. [Washington Post]
* A reminder that Republicans used to support “sanctuary” laws because they objected to the federal government commandeering local law enforcement. How the times of changed… [Mother Jones]
* Cleary’s hired a chief talent officer to handle recruiting, retention and diversity and it’s a wonder more firms haven’t gone this route. [American Lawyer]
* Former Newsweek owner pleads not guilty in $10 million bank fraud scheme, claiming the charges are false and trumped up by Manhattan DA Cy Vance in retaliation over negative news coverage. This is the fundamental problem with Vance staying in this job: these charges may be legit but based on his history of high profile screw-ups, this retaliation defense sounds entirely reasonable. [Law360]
* Georgia sued over law that its Secretary of State is using to block new voter registrations from mostly minority citizens. For the record, that Secretary of State is himself in a tight race for governor against a black woman. Funny that so many minority registrations would get blocked like this, huh? [AJC]
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Intellectual Property
All Rights Reserved, A Copyright Relic
This language is no longer necessary for copyright. And yet, it persists. -
Intellectual Property
C.C.R.E.A.M.: Copyright Costs Rule Everything Around Me
The issue of cost recovery is nothing with which to trifle. -
Intellectual Property
A Triumph Of Spirit: Led Zeppelin Forced To Encore In Copyright Case
Does 'Stairway to Heaven' infringe upon another band's copyright? Let's get ready to rock... -
Intellectual Property
David Boies's Fall From Grace
Boies’s firm soldiers on and continues to rake in money by the barrel-load. Yet cracks in its once-burnished veneer are now visible to the naked eye. - Sponsored
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
In this CLE-eligible webinar, we’ll explore the most common accounting pitfalls and how to avoid them for your firm. -
Intellectual Property
Why Blockchain Is No Panacea For The Digital First Sale Doctrine (For Now)
Blockchain cannot solve everything (yet), including the reselling of digital works. -
Intellectual Property
Ten-Hut! Pigskin Press Posse Prevails On Appeal In Copyright Dispute
Are you ready for some litigation on remand? -
Technology
Success! Roanoke 'Harry Potter Festival' Changes Name To 'Generic Magic Festival' Due To WB's Bullying
And people wonder why the DC movies can't be successful in the hands of these geniuses. -
Intellectual Property
The EU #SaveYourInternet Campaign Failed; Goodbye Online News And Memes?
The EU’s new Copyright Directive takes aim at online linking and will require online platforms to filter content. -
Intellectual Property
Marilyn Monroe’s Last Sit -- The Copyright Battle Over Her Iconic Final Photos
Bare knuckles fight over iconic photos.
Sponsored
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
The Business Case For AI At Your Law Firm
Sponsored
Legal AI: 3 Steps Law Firms Should Take Now
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
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Technology
Law Firm Claims Rival Sucked Up Business By Copying And Hijacking Their Website
In unrelated news, check out my new site "www.Cravath.biz" -
Intellectual Property
Old School And New: Ninth Circuit Presses Play In Music Copyright Dispute
Music licenses, song remastering, and preemption, oh my! -
Intellectual Property
Fair Use For Me, But Not For Thee
Fair use is for everyone and benefits rightholders just as it benefits consumers. -
Intellectual Property
A Louse In The Mouse House: Michael Jackson’s Estate Swings From The Rip In Copyright Case
Don those Mickey or Minnie ears, as this will be one to watch. -
Intellectual Property
The 3 Big Mistakes Companies Make Regarding Originality Of Copyrightable Works
When it comes to avoiding these traps, good intellectual property counsel is essential. -
Non-Sequiturs
Non-Sequiturs: 08.12.18
* Thanks to the not-so-orphaned Kennedy clerks, this Term could see a record number of clerks at the Supreme Court, as Tony Mauro reports. [National Law Journal]
* Speaking of clerks, I talk quite a bit about them and their role in this interview with Kaley Pillinger about my writing career (from Underneath Their Robes to Above the Law to Supreme Ambitions (affiliate link)). [The Politic]
* Speaking of SCOTUS, and more specifically of Judge Brett Kavanaugh’s nomination to the high court, Ed Whelan responds to the arguments of Senate Democrats against — yes, against — the prompt provision of records from Kavanaugh’s years as White House counsel. [Bench Memos / National Review]
* If Judge Kavanaugh becomes Justice Kavanaugh, how will that affect the Court’s business jurisprudence? Adam Feldman has this analysis. [Empirical SCOTUS]
* The failure of Ryan Bounds’s Ninth Circuit nomination could be a “teachable moment” for Senator Tim Scott (R-S.C.), according to Will Folks. [FITSNews]
* Speaking of disappointing failures to confirm, Paul Mirengoff shares my frustration over the inexcusable delays in Department of Justice confirmations. [Power Line]
* It’s unfair to dismiss Seinfeld as “a show about nothing”; episodes offer insight into numerous legal issues — for example, the law of conspiracy. [Seinfeld Law]
* Kal Raustiala and Christopher Jon Sprigman offer interesting reflections on how data-driven authorship might affect the way we think about creativity and copyright. [Volokh Conspiracy / Reason]
* If you’re interested in litigation finance, there’s a conference coming up next month here in New York that you might want to check out. [LF Dealmakers Forum]
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Intellectual Property
No, You Can’t Copyright a Taste -- And Other Dumb Things You Can’t Get IP Protection Over
Sometimes, copyright or trademark protection is just not appropriate.