Copyright & Social Media
Communications Law
News of the Week; June 24, 2020
INTELLECTUAL PROPERTY Publishers Sue Internet Archive for free access to E-books Second Circuit Declines to Decide if Human Skin Can Be a Tangible Medium of Expression under Copyright Law and Affirms Dismissal of Makeup Artist’s Lawsuit Second Circuit Avoids “Making Up” Copyright Ruling Finding Artist’s Claims Preempted Copyright and memes: Drake effect, exceptions to infringement […]
News of the Week; June 17, 2020
INTELLECTUAL PROPERTY Apple, SOCAN highlights changing role of Copyright Board, says IP professor Ariel Katz Federal Court of Appeal Issues Two Decisions on the Copyright Act’s “Making Available” Right I’m So Tired: IP Rights Exhaustion SA Music LLC v. Amazon.com, Inc.: Court dismisses copyright claims, holding distribution of work through digital music store requires transfer […]
News of the Week; June 10, 2020
INTELLECTUAL PROPERTY Entertainment Software Assoc. v. Society Composers, (2020 FCA 100) CMRRA-SODRAC Inc. v. Apple Canada Inc., (2020 FCA 101) Read All About It: SDNY Rejects Newsweek’s Defenses Over Embedded Content Copyright Claims Brown v. Netflix Inc.: Use of eight seconds of children’s song “Fish Sticks n’ Tater Tots” in documentary film depicting burlesque dancer […]
News of the Week; June 3, 2020
INTELLECTUAL PROPERTY JAVEX vs. JAVELO – Federal Court of Appeal applies Vavilov to first Trademark Opposition Appeal Lawsuit over online book lending could bankrupt Internet Archive Italian Public Prosecutor Says Project Gutenberg’s Collection Of Public Domain Books Must Be Blocked For Copyright Infringement Nothing “Fishy” About Use of Children’s Song “Fish Sticks n’ Tater Tots” […]
News of the Week; May 27, 2020
INTELLECTUAL PROPERTY Clorox v Chloretec: The Application of Vavilov in the Trademarks Context Chalk One Up to the Knock-Off Pencil Shaped Chalk Holder Is a Non-Copyrightable Idea Led Zeppelin‘s Stairway to Heaven found not to infringe copyright in Spirit’s instrumental, Taurus The Second Circuit Affirms the Dismissal of Copyright Claims against Seinfeld over Comedians in […]
News of the Week; May 20, 2020
INTELLECTUAL PROPERTY A welcome and timely boost for trade secret protection in Canada Fashion House Sued for Lively Snaps The makeup of protection of a makeup store layout: a missed chance to apply the Cofemel decision? Quaran-streaming: Music licensing and your online business Copyright Making Sure That MTV Remains An Irrelevant Relic, Rather Than A […]
News of the Week; May 13, 2020
INTELLECTUAL PROPERTY Wiseau Studio, LLC et al v Harper et al, (2020 ONSC 2504) Ontario Court finds room for fair dealing in documentary on The Room Intellectual Property litigation in the Federal Court Second Circuit Clicks “I Agree” Affirming Website Agreement Protects Web Application from Misappropriation by Users Fair Use Protects a Highly Cropped Photo–Harbus […]
News of the Week; May 6, 2020
INTELLECTUAL PROPERTY York University statement on recent court decision regarding Access Copyright Supreme Court May Weigh In on the Legality of Data Scraping Supreme Court Offers Guidance Regarding Eligibility of State Legislative Records for Protection Under the Copyright Act Allen v. Cooper and Georgia v. Public.Resource.org: The Supreme Court Navigates the Relationship Between State Government […]
News of the Week; April 29, 2020
INTELLECTUAL PROPERTY Federal Court of Appeal Deals Access Copyright Huge Blow As It Overturns York University Copyright Decision (Michael Geist) The LawBytes Podcast, Episode 48: Sam Trosow and Lisa Macklem on Copyright and Fair Dealing During a Pandemic (Michael Geist) Access Copyright v. York – The Next Chapter Federal Court of Appeal Finds That Tariffs […]
News of the Week; April 22, 2020
INTELLECTUAL PROPERTY Access Copyright v York University: York Wins re “Mandatory Tariff” and Loses re Fair Dealing Guidelines (Howard Knopf) Two Montreal lawyers file application to trademark the term COVID-19 A Copy of a Copy of a Copy: Internet Mimesis and the Copyrightability of Memes (Elena Elmerinda Scialabba) All’s Fair in Love and War . . […]