Posts in Copyright


Request for Amici: Tell SCOTUS to Incentivize Original Fictional Characters through Copyright

Some fictional characters are heroes; others are villains. Some mimic reality and others personify fantasy. And some appear in comic books and video games, while others in …
By Patrick Arenz
1 day ago 0

What’s Fair? Senate IP Subcommittee Contemplates Problems with Copyright Fair Use Regime

The Senate Judiciary Committee’s Subcommittee on Intellectual Property on Tuesday continued its year-long series of hearings on the Digital Millennium Copyright Act (DMCA), this time focusing …
By Eileen McDermott
6 days ago 7

Wyden Attempts to Stall CASE Act: Senate Holds Are Not Supposed to Be Dead Ends

Under Rule VII of the Rules of the Senate, bills can only move forward by unanimous consent. Consequently, a single senator may place a “hold” on a …
By David Newhoff
13 days ago 3

Artificial Intelligence Can’t Patent Inventions: So What?

The USPTO’s recent landmark decision (16/524,350) concluding artificial intelligence (AI) cannot be a named patent inventor perhaps sparked fears of super-robots inventing critical technologies that, alas, receive …

A Case Study in Protecting Internet Quiz IP

Along with cat memes, TikTtok videos and electoral manipulation, the Internet is enriching people’s lives with the instant quiz. Whether seeking to gauge one’s resemblance …
By Cyrus Sanai
26 days ago 14

Copyright Office Begins Period of Petitioning for Exemptions to Section 1201 of the DMCA

On June 22, the U.S. Copyright Office published a request for petitions in the Federal Register, which officially kicked off the eighth triennial rulemaking process for temporary …
By Steve Brachmann
1 month ago 2

Illegal Circulation of E-Newspapers Online and Through Messaging Apps: Implications for Copyright and Contractual Violations

On March 25, 2020, the Indian government declared lockdown throughout the country, and we could not have anticipated the number of issues across all sectors that would surface in …

Lessons From Jerry Seinfeld’s Second Circuit Copyright Win

You may have seen a web series featuring Jerry Seinfeld called Comedians in Cars Getting Coffee. The basic premise of the show is that Seinfeld and another …
By C. Dale Quisenberry
1 month ago 1

CJEU Says Copyright Protection May Apply to Product Designs if Technical Result Doesn’t Prevent Creative Choice

On June 11, the Fifth Chamber of the Court of Justice of the European Union (CJEU) issued a decision in Brompton Bicycle Ltd. v. Chedech/Get2Get in …
By Steve Brachmann
2 months ago 0

Senator Ron Wyden, Stop Harming Independent Creators

As the current pandemic eviscerates jobs throughout our economy, Congress has a rare opportunity to improve the lot of one long-besieged group of workers: creators. Authors, songwriters, …
By Eric Priest & Sean Pager
2 months ago 1

Second Circuit Affirms Welsh Government Advertising Activity Triggered Exception to Sovereign Immunity

On June 8, the U.S. Court of Appeals for the Second Circuit, in Pablo Star Ltd. V, Welsh Gov’t, affirmed a decision of the U.S. …
By Rebecca Tapscott
2 months ago 2

U.S. Copyright Office Publishes Federal Register Notice Announcing State Sovereign Immunity Study

On June 3, the U.S. Copyright Office published a Federal Register notice regarding a study it is initiating to “evaluate the degree to which copyright owners are …
By Rebecca Tapscott
2 months ago 1

Startup and User Reps Square Off with Independent Creators in Panel Two of DMCA Hearing

Earlier this week, the Senate IP Subcommittee met to hear from two panels of witnesses about whether and how to reform the Digital Millennium Copyright Act for …
By Eileen McDermott
2 months ago 6

Third Senate IP Subcommittee Hearing on DMCA: The ‘Grand Bargain’ is No Longer Working

In the first part of a two-panel hearing today on whether the Digital Millennium Copyright Act (DMCA) is working for the 21st Century, Senate Judiciary Committee, Subcommittee …
By Eileen McDermott
2 months ago 8

WIPO Revises and Expands AI Policy Issues

The World Intellectual Property Organization (WIPO) has published a Revised Issue Paper on Artificial Intelligence and IP Policy. The Revised Issues Paper updates the Draft Issues Paper …
By James Nurton
2 months ago 0