Posts in Copyright


Toronto Real Estate Board Dispute Shows Awkwardness of Copyright Protection for Databases

Legal protection for databases in Canada is, perhaps surprisingly, a little convoluted. In some jurisdictions, unique database rights have been legislated (e.g. the EU). This is …
By Robert Tremblay
3 days ago 0

Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great avenues for advertising and promotion of one’s business and brand. However, in using …
By Philip Nulud
6 days ago 0

Do You Know How to Protect What’s Yours?

In the wake of recent judicial and legislative developments, protecting “what’s yours” has become even more complex. Many businesses and intellectual property lawyers have appropriately favored …

Can cake designs result in intellectual property protection?

Excluding any questions regarding the rare patentability of a cake recipe, cake designs, under certain circumstances, may be protected under the laws of copyright and trademark. Specifically, …
By Amanda G. Ciccatelli
12 days ago 2

Leveraging copyright protection for design aspects of useful products

Instead of using claims of trademark infringement and more expensive design patent infringement (if a design patent is even obtained), one can expect manufacturers of useful articles …
By Amanda G. Ciccatelli
13 days ago 2

Lex Machina’s Q2 litigation update shows trends influenced by TC Heartland and Oil States

During the second quarter of 2017, a total of 1,138 patent cases were filed at the U.S. district court level, an increase of 18 percent when compared to first …
By Steve Brachmann
24 days ago 2

In the Era of Spotify and Pandora Where Do ASCAP and BMI Fit?

In traditional music recording, artists have had to choose to license their music through major music industry organizations like ASCAP and BMI. In the age of streaming …
By Derek Handova
28 days ago 2

Copyright Preemption in the Smart Phone Society: The Ninth Circuit Clouds the Picture in T3Media

There is no question that smart phones have transformed the social and economic structure of society, and the integration of increasingly effective cameras has helped spark the …
By Lee Burgunder
1 month ago 1

Warner Bros. settles $80M copyright suit brought by Tolkien estate over LOTR online video and casino gambling games

On July 5th a federal judge entered an order granting the dismissal of a copyright case, which had been filed by the estate of famed English fantasy …
By Steve Brachmann
1 month ago 1

Inspiration vs. Copying: Where’s the Line in Hollywood?

When it comes to television shows, it not always clear what is “copyrightable.” Sometimes, filmmakers and screen writers can get into serious trouble if they don’t …
By Amanda G. Ciccatelli
1 month ago 3

My Top 25 Songs of All Time

I took Gene’s request to heart and really tried to capture my top 25 songs. To be honest, however, I had a very difficult time narrowing the …
By Russell Slifer
2 months ago 8

Court finds that use of unpublished Tommy DeVito bio in ‘Jersey Boys’ musical is fair use

In mid-June, this case was overturned on appeal after a federal judge in the U.S. District Court for the District of Nevada (D. Nev.), entered a …
By Steve Brachmann
2 months ago 1

How Artificial Intelligence is set to disrupt our legal framework for Intellectual Property rights

It's safe to say that most sectors will undergo significant disruption as a result of artificial intelligence (AI) technology. AI will not only disrupt our business models …
By Toby Bond
2 months ago 1

The Impact of Drake’s Fair Use Copyright Victory on Music Copyright Infringement

A few weeks ago, a New York federal judge ruled that Hip-Hop Artist Drake was protected by copyright’s fair use doctrine when he sampled a spoken-word …
By Amanda G. Ciccatelli
2 months ago 4

PTAB overturns two Cisco patents, clearing way for Arista to overturn ITC exclusion order

Arista Networks (NYSE:ANET) was recently successful in its attempts to overturn the validity of a patent held by San Jose, CA-based tech multinational Cisco Systems (NASDAQ:…
By Steve Brachmann
3 months ago 3