Posts in Copyright


IPWatchdog LIVE Panel Examines Google v. Oracle: SCOTUS Punted on Copyrightability

Yesterday at IPWatchdog LIVE, a morning panel discussed “The Impact of Google v. Oracle on Fair Use.” That decision of the U.S. Supreme Court, issued this …
By Steve Brachmann
2 days ago 1

USPTO and Copyright Office Reports Attempt to Quantify Extent and Effect of IP Infringement by State Entities

On August 31, at the request of Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT), the United States Patent and Trademark Office (USTPO) provided a report to Congress …

Controlled Digital Lending Thwarts Democratic Process and Rights of Authors

One of the latest controversies in copyright law concerns the practice of controlled digital lending (CDL) by libraries. The idea is simple: Libraries take the physical books …
By Devlin Hartline
18 days ago 1

Ninth Circuit Reverses Win for the Turtles’ Rights Owners Under California Law on Copyright for Public Performance

The U.S. Court of Appeals for the Ninth Circuit on Monday ruled that California common law on copyright protection does not include a right of public …
By IPWatchdog
23 days ago 0

Is Your Brand Protection Strategy Defamation-Proof?

Robert Willison, an Atlanta real estate investor, could not believe what he was seeing on the computer screen. A business associate had mentioned that Mr. Willison might …
By Amanda Groover Hyland
24 days ago 1

The Federal Circuit Must Correct Texas Court’s Misapplication of Copyright Law in SAS Institute Appeal

SAS Institute is a software company in North Carolina. Founded in 1976, it employs thousands of people in the United States and thousands more around the world. World …
By Steven Tepp
25 days ago 6

Eighth Circuit to Realty Companies: Try Fair Use Next Time to Legally Publish Floorplans

The U.S. Court of Appeals for the Eighth Circuit yesterday reversed a Missouri district court’s grant of summary judgment for a group of real estate …
By Eileen McDermott
1 month ago 0

Indigenizing the Intellectual Property System

On August 9, we once again observe the International Day of the World's Indigenous Peoples. Traditionally, international organizations take advantage of this time to promote the contributions of …

Investor Group Buys Half of Prince’s Tightly Controlled but Intellectual Property-Attractive Estate

With the value of his music catalogue still subject to an ongoing dispute between the trust managing his estate and the IRS, Prince, who died in 2016, has …
By Bruce Berman
2 months ago 0

Federal Circuit Nixes Appeal on Claims of Unfair Treatment by California Court in Pro Se Lawsuit Over Restrictions to Cancer Research

On July 20, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a non-precedential decision in Siegler v. Sorrento Therapeutics, Inc. in which the appellate …
By Steve Brachmann
2 months ago 0

The Biden Executive Order’s Restraint on Freedom of Contract: Regulation by Anecdote May Lead to Unintended Consequences

Capping months of anticipation, President Joe Biden on July 9 unveiled his Executive Order on Promoting Competition in the American Economy, which he argues will “lower prices for …
By Kristian Stout
2 months ago 3

Davis v. Pinterest: Pinterest Pins Victory in Contributory Copyright Infringement Claim – But Decision May Open a Door for Future Suits

On March 9, 2021, a federal court in the Northern District of California dismissed the contributory infringement claim first filed by Harold Davis (hereinafter, “Davis”), the Plaintiff, on November 20, 2019 …
By Manasvi Sharma
3 months ago 0

First Circuit Rules Markham’s Development of ‘The Game of Life’ Was Work Made For Hire Not Subject to Termination Rights

On June 14, the U.S. Court of Appeals for the First Circuit issued a decision in Markham Concepts, Inc. v. Hasbro, Inc. affirming a lower court’s …
By IPWatchdog
3 months ago 1

Game On: How IP Helps the Video Game Industry Level Up

While countless industries have been forced to adapt to the COVID-19 pandemic, the video game industry has been on a winning streak. Historic numbers of people have …
By Frank W. Cullen Jr.
3 months ago 1

Scholars, Register of Copyrights Reinforce Opposition to American Law Institute’s Restatement of Copyright Project

The American Law Institute (ALI) is under fire this week for its Restatement of Copyright Law project, which it was set to vote on during its Annual …
By Eileen McDermott
3 months ago 0