Posts Tagged: copyright law


NYIPLA Proposes Supreme Court Adopt a New Test for Copyright Protection in Cheerleader Uniform Case

This case concerns Star Athletica’s alleged infringement of Varsity Brands’ purported copyrights in the design of certain cheerleading uniforms. Under the Copyright Act, because clothing possesses …

IBM files patent application for method to stop printing of copyrighted material

Although the type of copyright infringement that gets the most attention today in our digital age is the downloading of music and/or movies, infringement of print …
By Gene Quinn & Benjamin Joe
18 days ago 2

Capitol Records v. Vimeo: Courts Should Stop Coddling Bad Actors in Copyright Cases

Just how much knowledge about piracy on its system does an online service provider need before it loses its safe harbor protection, which severely limits its potential …
By Devlin Hartline
1 month ago 1

Objective reasonableness important factor in awarding attorney’s fees in copyright litigation

In exercising this discretion the Supreme Court held that district courts should consider the objective reasonableness of the losing party’s position, but that the objective reasonableness …
By Gene Quinn
1 month 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 …

What is a patent and where do patent rights come from?

A patent is a proprietary right granted by the Federal government pursuant to laws passed by Congress. The Congressional power to authorize patents is found in Article …
By Gene Quinn
5 months ago 2

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
6 months ago 0

Kim Dotcom extradition case highlights de facto SOPA, PIPA rules

New Zealand Judge Nevin Dawson handed down a ruling that would allow the United States to move forward with the extradition of Kim Dotcom, the founder of …
By Steve Brachmann
7 months ago 5

Copyright Office issues DMCA exemptions for automotive software, jailbreaking smart TVs

Automotive software exemptions were only one class of circumvention made allowable by the recent copyright rules which may be exciting for some DIY tech enthusiasts. Jailbreaking, or …
By Steve Brachmann
9 months ago 1

‘Happy Birthday To You’ Now In the Public Domain (Sort of)

For as long as I can remember, whenever we celebrated a birthday, we inevitably would gather around the birthday boy or girl and sing “Happy Birthday To …

Copyright Office asked to investigate software copyright issues by Senate Judiciary

At the end of her speech Pallante mentioned that she had just received a letter from the Senate Judiciary Committee, specifically sent by Senator Chuck Grassley (R-IA), …
By Gene Quinn
9 months ago 5

Strong IP protection provides inventors and creators the economic freedom to create

Critics argue that intellectual property is bad for innovation in part because it allows for “monopolies” that prevent the public from using certain creations without permission for …
By Terrica Carrington
10 months ago 1

To the Batmobile! Copyright Saves the Day in Gotham City

Mark Towle owns Gotham Garage, which manufactures and sells replicas of automobiles featured in famous motion pictures and television programs. Gotham Garage specifically sold fully constructed cars …
By Brian Focarino
10 months ago 0

Dancing Baby Center of Test Case Over Bad DMCA Takedown Requests

In February 2007, Stephanie Lenz uploaded a 29-second video of her son dancing in her kitchen to the Prince song “Let’s Go Crazy” to YouTube. Universal Music …
By Brian Focarino
10 months ago 2

Brains, Blood, Sweat, and Tears: Derivative Works and the Walking Dead Licensing Controversy

Three-time Oscar nominee Frank Darabont (The Green Mile; The Shawshank Redemption) brought the The Walking Dead TV show to life. He wrote, directed, and produced the pilot …
By Amanda Bacoyanis
10 months ago 0