Posts Tagged: copyright act


Does Star Athletica Raise More Questions Than it Answers?

The Supreme Court recently issued its decision in Star Athletica v. Varsity Brands, which addressed whether copyright protection can extend to the graphic designs depicted on cheerleading …
By Lee Burgunder
16 days ago 0

Knock-Offs Beware: SCOTUS Makes a Fashion Forward Decision

The ruling has wide implications for both the fashion apparel and home furnishings industry, both of which rely on distinctive, eye-catching designs to sell products. The upshot …

The Equitable Defense of Laches: SCA Hygiene Products v. First Quality Baby Products

The equitable defense of laches has been a useful tool for defendants in intellectual property litigation for over a hundred years, but a recent case in the …
By Tamany Bentz & Taylor Sachs
3 months ago 0

Ed Sheeran targeted by heirs of ‘Let’s Get It On’ co-writer in copyright infringement suit

On Tuesday, August 9th, Ed Sheeran was named as a defendant in a copyright lawsuit filed by three heirs of American singer-songwriter Lee Townsend. Townsend, who passed …
By Steve Brachmann
8 months ago 0

Copyright Policy Should Be Based On Facts, Not Rhetoric

After nearly twenty years with the DMCA, the Copyright Office has launched a new study to examine the impact and effectiveness of this system, and voices on …
By Kevin Madigan & Devlin Hartline
12 months ago 0

SCOTUS should adopt flexible, case-specific approach to attorneys’ fee awards in copyright cases

The IPO recently filed an amicus brief at the Supreme Court in Kirtsaeng v. John Wiley & Sons, Inc. supporting a flexible approach to awarding attorneys’ fees. Oral …
By Gunnar Gundersen
1 year ago 0

Commerce Recommends Amendments to Copyright Act Statutory Damages Provisions

Earlier today the U.S. Department of Commerce issued a report titled White Paper on Remixes, First Sale, and Statutory Damages, which recommends amendments to U.S. …
By Gene Quinn
1 year ago 0

Comic-Con Considerations: Cosplay, the Right of Publicity, and Copyright Concerns

For as much as Comic-Con is about comics, TV, and upcoming movies, it’s not hard to see that a large portion of its allure for fans …
By Amanda Bacoyanis
2 years ago 7

The Abandonware Conundrum: Can you modify games if publisher shuts down the server?

The EFF wants an exemption for people who want to modify their purchased games in order to bypass access controls when a publisher shuts down the server. …
By Beth Hutchens
2 years ago 18

Jury Tells Robin Thicke to Give it Up

Thicke maintains that the Gaye family doesn't own a genre, a style, or a groove and he’s right. The Gayes point out no other musicians or …
By Beth Hutchens
2 years ago 5

How Sweet it is to be Sued by You (for copyright infringement)

Marvin Gaye enjoyed tremendous success during this decade and his song Got to Give it Up topped the charts in 1977. Fast forward nearly forty years to 2013, when …
By Beth Hutchens
2 years ago 23

Meet the Democrats of the House IP Subcommittee

Congressman Jerrold Nadler has been selected by Democrats to be the Ranking Member of the House IP Subcommittee. It appears that Issa may be getting squeezed out, …
By Gene Quinn
2 years ago 0

Refocusing Kirtsaeng Analysis on Extra-Territoriality Principles

The parties and amici have filed over 25 briefs in this case, almost none of which address or even consider whether the actual right granted under Section 109(a)—…
By Kevin Tottis
4 years ago 1

Using U.S. Copyright Law to Get Removed from Jerk.com

Jerk.com is one of those sites on the Internet that is the poster-child for everything wrong with the Internet and the anonymous communications that are so …
By Gene Quinn
5 years ago 28

Prince and the Copyright Compulsory License Scheme

Imagine a world where the dulcet tones of “Inagaddadavida” never graced the airwaves. Gasp you should! According to the artist currently known as, but formerly known as “…
By Beth Hutchens
6 years ago 18