Copyright
-
Intellectual Property
When A Driver's License Is Like A Copyright Registration: Talking Copyright With The Supremes
Does the text of the Copyright Act require the Copyright Office to act on a registration application before the applicant can file suit? -
Intellectual Property
When Can Copyright Litigation Begin?
The answer has resulted in a circuit split, which of course makes it a great case for SCOTUS. - Sponsored
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
How to best leverage generative AI as an early adopter with ethical use. -
Non-Sequiturs
Non Sequiturs: 01.13.19
* A happy 200th birthday to Cravath, which celebrates its bicentennial in 2019 (and which has launched a sharp-looking, historically rich microsite for the occasion). [Cravath/200]
* According to Dayvon Love, “the policy response from mainstream political institutions and the Democratic Leadership in Maryland to the issue of gun violence and homicide in the Black community is mired in racism.” [Leaders of a Beautiful Struggle]
* The current Term of the Supreme Court doesn’t boast many blockbusters — but some cases are more interesting than others, as Adam Feldman points out. [Empirical SCOTUS]
* Illegal aliens, guns, and strict liability, oh my! Eugene Volokh breaks down Rehaif v. United States, which SCOTUS just agreed to hear. [Volokh Conspiracy / Reason]
* The Supreme Court has taken an increased interest in intellectual property in recent years — and if it wants to tackle issues of copyright infringement in the digital age, Capitol Records v. ReDigi could be a good vehicle. [All Rights Reserved]
* Speaking of supreme courts, Florida’s is likely to shift rightward, as Ed Whelan explains. [Bench Memos / National Review]
* If you’re getting lots of questions from friends and family about the constitutional law of shutdowns, check out this helpful explainer from Zachary Price. [Take Care]
* And if you have thoughts on what legal publishers got right and wrong in 2018, Jean O’Grady would like to hear from you. [Dewey B Strategic]
-
Intellectual Property
Occasio-Cortez Dancing Video And Remix Culture
Ultimately, any fighting over whether these mashups posted to YouTube infringes copyright is pointless. -
Technology
Everybody Loses After Metal Band And Photographer Get Pissy Over Photographer's Copyright Threat
This got out of hand fast. -
Intellectual Property
Celebrating Public Domain Day 2019
What notable works entered the public domain in the United States this week? -
Technology
ICE Seizes Over 1 Million Websites With No Due Process; Apparently Unaware That Copyright & Trademark Are Different
Over the years, we’ve written an awful lot about asset forfeiture and how it is basically the government stealing shit they want with almost no due process. But the reason we started writing about asset forfeiture was when ICE used that process to seize a bunch of websites based entirely on the claims of the […] -
- 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… -
Intellectual Property
Dance, Dance, Litigation: Can Copyright Protect Your Funky Get-Down?
The issue of whether intellectual property law offers protection for dance routines has pop-locked its way into courtrooms for decades. -
Biglaw
Biglaw Firm Gets Benchslapped Over Controversial Representation Of Porn Company
The judge thinks their client is treating the court as an ATM. -
Intellectual Property
If Mozart and Beethoven Were Alive Today, Would they Be Guilty of Copyright Infringement?
A rise in copyright infringement cases in music, particularly over the general 'feel' of the piece, could restrict the creation of new music. -
Morning Docket
Morning Docket: 11.15.18
* Michael Avenatti arrested on domestic violence charges. There’s not a lot of detail yet — initial reports indicated his ex-wife made the call, but when reporters talked to her, she debunked that. [Vox]
* We should be seeing a CNN case ruling today. Does anyone else feel like Don McGahn’s absence looms over all of this? Like, he’d have put a stop to this nonsense out of the gate, wouldn’t he? [National Law Journal]
* This was, literally, a sitcom. [The Recorder]
* Law firms aren’t up to snuff when it comes to cybersecurity. [Law360]
* Jeff Flake says he’ll block all judicial nominees until he gets some guarantees about the sanctity of the Mueller probe. We’re all looking forward to watching him cave on this like he has everything else. [Courthouse News Service]
* You can’t copyright a cheese. In case you were wondering. [Washington Post]
-
Intellectual Property
Foto Fair Use Defense Rejected In Fortune Mag Copyright Spat
A rare look at a court’s application of the fair use defense in the context of an online photography case.
Sponsored
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
Legal AI: 3 Steps Law Firms Should Take Now
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
Sponsored
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
The Business Case For AI At Your Law Firm
-
Intellectual Property
What We’ve Learned From A Decade-Long Copyright Case -- And It’s Still Not Over
After watching a decade of litigation in this case, what lessons have been learned? -
Intellectual Property
In Pari Materia: Copyright And Government Content
As it turns out, Uncle Sam has no rights under the Copyright Act, or very limited ones in any event. -
Intellectual Property
3 Assumptions Political Candidates Should Not Make Regarding Publicly Performing Music In Campaigns
It’s time to hear politicians singing a different tune regarding the public performance of music at campaign rallies, rather than remain tone deaf to the consequences. -
Biglaw
Biglaw Firm's Staggering Work On Behalf Of A Porn Studio
That's a lot of lawsuits, even for a Biglaw firm. -
Intellectual Property
Pharrell Raises Copyright Claim Against Trump’s Use of 'Happy' At Campaign Rally After Pittsburgh Synagogue Shooting
Pharrell has a strong claim for copyright infringement for the unlicensed (and highly inappropriate in light of the context) use of his work. -
Intellectual Property
Digging In The Crates: Katy Perry, Copyright, And Proof Of Access
The singer thought her defense was coming at the plaintiffs' claims like a 'dark horse,' but that didn't work out as planned. -
Intellectual Property
CoreLogic And The Search For The Soul Of Section 1202 Of The Copyright Act
When emerging technology, old statutory language, and the arts collide, we are bound to have to dig deep for the right result.