Posts in Copyright


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
6 hours ago 0

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
20 hours 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
3 days ago 5

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
4 days ago 0

Section 512 Report Suggests Fine-Tuning Knowledge and Eligibility Requirements for DMCA Safe Harbors

On May 21, the U.S. Copyright Office published a report on Section 512 of Title 17 of the U.S. Code, which governs limitations on copyright liability to materials …
By Steve Brachmann
8 days ago 0

Second Circuit Joins Ninth Circuit Approach to Assessing Individual Copyright Claims in Group Registrations

On May 12, the U.S. Court of Appeals for the Second Circuit issued a decision in Sohm v. Scholastic in which the appellate court reversed in part …
By Steve Brachmann
10 days ago 0

(Not) Copyright Infringement: Is dbrand Infringing Nintendo’s IP?

Is imitation really the highest form of flattery? Nintendo might not think so after seeing dbrand’s latest Switch skin set. The Nintendo Switch has become extremely …
By Samantha Levin
20 days ago 7

Social Media Influencers Beware – Street Art Is Protected by Copyright

The U.S. Court of Appeals for the Second Circuit recently confirmed that street art is, in fact, protected by copyright law.  Castillo v. G&M Realty …
By Michael Garfinkel
27 days ago 3

Senator Thom Tillis: If IP Stakeholders Can’t Find Consensus, Congress Can’t Help

Senator Thom Tillis (R-NC) arguably has more pressing issues to focus on than intellectual property at the moment, as the nation scrambles to find solutions to the …
By Gene Quinn
1 month ago 61

USTR Special 301 Report and Review of Notorious Markets Highlight Continued Concerns with China

On April 29, the Office of the U.S. Trade Representative (USTR) released its 2020 Special 301 Report on Intellectual Property Protection and its 2019 Review of Notorious Markets for Counterfeiting …
By Rebecca Tapscott
1 month ago 4

From TikTok to Instagram: How to Legally Live Stream

Every day, DJs, athletes, entertainers and influencers broadcast live on Instagram, YouTube and other similar channels. Whether you are a professional entertainer or just connecting with friends …

Copyright Lawyers on SCOTUS Decision in Georgia v. Public.Resource.Org: Expected, But Possibly Problematic

On Monday, the U.S. Supreme Court ruled in Georgia et al. v. Public.Resource.Org., Inc. that a state code revision commission cannot claim copyright protection …
By Eileen McDermott
1 month ago 6

Supreme Court Says State Code Revision Commissions Are Not Authors for Copyright Purposes

Yesterday, the U.S. Supreme Court affirmed the U.S. Court of Appeals for the Eleventh Circuit’s decision that a state code revision commission cannot claim …
By Alexis Campbell
1 month ago 0

Emergency Distance Learning and Fair Use

[A] teacher creates a transformative work, which falls into the protective bubble of Fair Use, when they craft a message, enhance their students’ educational experience, or educate …
By Heidi Tandy
2 months ago 2

A Cosmic Copyright Conundrum: ‘Star Trek,’ Space Force, SCOTUS and Blackbeard’s Shipwreck

Earlier this week, the Supreme Court handed down its ruling in Allen v. Cooper, which relates to photos and videos of the sunken remains of the Queen …
By Yitzchak Besser
2 months ago 3