Posts in Copyright


Supreme Court Weighs Meaning of ‘Full Costs’ in Rimini Street v. Oracle USA Oral Arguments

On the morning of January 14th, the U.S. Supreme Court heard oral arguments in Rimini Street v. Oracle USA, a case that asks the nation’s …
By Steve Brachmann
15 hours ago 0

Smells Like Trademark Infringement: Nirvana Sues Over Smiley Face Logo

On December 28, 2018, the limited liability company representing famed Seattle-area grunge rock band Nirvana sued clothing designer Marc Jacobs and fashion retailers Neiman Marcus and Saks Fifth Avenue …

Supreme Court Mulls Circuit Split on When a Copyright is Registered in Fourth Estate v. Wall-Street.com

On January 8th, the Supreme Court heard oral arguments in Fourth Estate Public Benefit Corporation v. Wall-Street.com [Case No. 17-571 (Jan. 8, 2019)] to settle a longstanding circuit …

Copyright Office Seeks Mechanical Licensing Collective Members

The U.S. Copyright Office recently published a Notice in the Federal Register regarding Title I of the Orrin G. Hatch - Bob Goodlatte Music Modernization Act (…
By Steve Brachmann
7 days ago 1

Supreme Court Asked to Decide Copyrightable Elements of Iconic Michael Jordan Photograph

Rentmeester is asking the nation’s highest court to answer the question of whether copyright protection for a photograph is limited solely to the photographer’s selection …
By Steve Brachmann
14 days ago 1

ReDigi 2.0: The Legal Debates Regarding Digital Resale of Copyright Music Likely to Continue

Just after Capitol Records filed its complaint in this litigation, ReDigi launched a new service, called ReDigi 2.0. With ReDigi 2.0, customers would originally download iTunes music files directly …
By Lee Burgunder
18 days ago 2

Supreme Court Denies TVEyes v. Fox News, Leaves Intact 2d Circuit Ruling on Market Harm of Transformative Uses

On December 3rd, the U.S. Supreme Court denied a petition for writ of certiorari in TVEyes, Inc. v. Fox News Network, LLC, declining the opportunity to …
By Steve Brachmann
21 days ago 1

What Mattered in 2018: Industry Insiders Reflect on the Biggest Moments in IP

There is near unanimity that the Supreme Court's decisions in Oil States Energy v. Greene's Energy Group, 138 S.Ct. 1365 (2018) was among the most significant events of the …
By Gene Quinn
22 days ago 8

Capitol Records v. ReDigi: No Fair Use or Lawful Resale of Music Files Under First Sale Doctrine

The Court of Appeals for the Second Circuit recently issued a decision in Capitol Records, LLC v. ReDigi Inc. affirming a previous finding out of the Southern …
By Steve Brachmann
23 days ago 3

China’s Actions on Copyrights Suggest Increasing Support of IP Rights

These headlines are further proof that China, long known as and still considered to be a major international contributor to IP theft and piracy issues, has taken …
By Steve Brachmann
2 months ago 3

New DMCA Exemptions Including Use of Motion Picture Clips in Narrative Films for Parody or Historical Significance

One of the new exemptions for motion pictures includes the expansion of the exemption of TPMs protecting motion picture clips on DVDs, Blu-Rays and streaming services to …
By Steve Brachmann
2 months ago 3

Musically Inclined: The Music Modernization Act of 2018

When Congress permitted sound recordings to be copyrighted over four decades ago, it didn’t extend that coverage to pre-1972 recordings. This issue, and the piecemeal nature …
By Amy Goldsmith
2 months ago 2

Eleventh Circuit Finds No Valid Copyright in Official Code of Georgia Annotated

An analysis of the Official Code of Georgia Annotated led the appellate court to find that the annotations, while not having the force of law, are part …
By Steve Brachmann
3 months ago 0

Copyrights: Intellectual Property Considerations for Start-Ups

Copyrights protect original works of authorship.  This gives a copyright holder exclusive rights to modify, distribute, perform, display, and copy the work. However, as with other forms …

Cost-Effective IP Strategies for Biotech Startups

A well-devised intellectual property (IP) portfolio can go a long way to ensure a startup biotech company’s business success in the marketplace. Patents allow a patent …
By Pei Wu
3 months ago 1