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News of the Week; August 19, 2020

INTELLECTUAL PROPERTY Judge Denies Copyright Troll Malibu Media’s Request For A Default Judgment Media Co. Ordered To Stop ‘Cartoon Classics’ DMCA Notices Don’t use my music! Neil Young sues Donald Trump for copyright infringement More Rockin’ In The Free World S.D. Florida Refuses To Toss Artist’s Claims Over Alleged Knock-off Art Installation Copyright in photographs […]

News of the Week; August 12, 2020

INTELLECTUAL PROPERTY Genius Media Lawsuit Accusing Google of Stealing Song Lyrics Is Tossed Judge Tosses Out Genius’ Laughable Lawsuit Against Google Over Licensed Lyric Copying Neil Young’s Suit Illustrates Music Licensing Issues Helpless No More? Neil Young Sues Trump Campaign for Use of His Songs Fair Use, “The Frankenstein,” and the Mixed Up Files of Mrs. […]

News of the Week; August 5, 2020

INTELLECTUAL PROPERTY A Quarter-Billion Dollar Bag of Beans: Responding to Ken Whyte’s Attack on Library Book Loans (Michael Geist) Internet Archive Responds To Publishers Lawsuit: Libraries Lend Books, That’s What We Do “Salacious” Content Doesn’t Bar Discovery in Copyright Infringement Suit IAP Defeats Vicarious Copyright Infringement Claim–UMG v. Bright House (Eric Goldman) Taylor Swift Changes […]

News of the Week; July 29, 2020

INTELLECTUAL PROPERTY Print-on-Demand Vendor Doesn’t Qualify for DMCA Safe Harbor–Feingold v. RageOn (Eric Goldman) CBS’ overzealous copyright bots hit Star Trek virtual Comic-Con panel Viacom’s Copyright Bots Take Down ‘Star Trek’ Comic-con Panel Because These Bots Suck Out Loud Reagan Foundation Tells President Trump and the RNC to Stop Using Reagan for Fundraising Purposes Fight or Flight […]

News of the Week; July 22, 2020

INTELLECTUAL PROPERTY “No one can own the law” – United States confirms copyright protection does not extend to works of legislators or judges Forever(ly) Brothers, Forever(ly) Rivals: The Everly Brothers’ Epic Battle Over Authorship of “Cathy’s Clown” Reproduction of infringing content online: who’s liable? Yet Another ‘Stranger Things’ Copyright Suit Over A String Of Likely […]

News of the Week; July 15, 2020

INTELLECTUAL PROPERTY U.S. Court Of Appeals Hears Arguments That Lawsuit Against Disney For ‘Pirates’ Shouldn’t Have Been Dismissed Top EU Court Says Online Platforms Must Only Provide Postal Addresses Of People Who Upload Unauthorized Copies Of Copyright Material Neil Young ‘NOT ok’ with Trump playing his music at Mount Rushmore event Legal Implications of Syncing Copyrighted Music […]

News of the Week; July 8, 2020

INTELLECTUAL PROPERTY Research Libraries Tell Publishers To Drop Their Awful Lawsuit Against The Internet Archive Google v. Oracle and the Future of Software Development The Case of Enola Holmes Estate Of Sir Arthur Conan Doyle Alleges Copyright Infringement Over Sherlock’s Emotional Awakening In Copyright Case Over Photos, the Second Circuit Brings Four Critical Issues into […]

News of the Week; July 1, 2020

INTELLECTUAL PROPERTY Access Copyright and York University File Leave to Appeal Material in the Supreme Court of Canada (Howard Knopf) Copyright Board Activity in 2020: Launch of Twitter Account and Guidelines for Economic Evidence (Howard Knopf) Florida Law Will Allow College Athletes to Profit from Name, Image, and Likeness Starting Summer 2021 Can copyright 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 […]