Posts Tagged: copyright law


Supreme Court Asked to Decide Copyrightable Elements of Iconic Michael Jordan Photograph

Rentmeester is asking the nation’s highest court to answer the question of whether copyright protection for a photograph is limited solely to the photographer’s selection …
By Steve Brachmann
5 months ago 1

Capitol Records v. ReDigi: No Fair Use or Lawful Resale of Music Files Under First Sale Doctrine

The Court of Appeals for the Second Circuit recently issued a decision in Capitol Records, LLC v. ReDigi Inc. affirming a previous finding out of the Southern …
By Steve Brachmann
5 months ago 3

Copyrights: Intellectual Property Considerations for Start-Ups

Copyrights protect original works of authorship.  This gives a copyright holder exclusive rights to modify, distribute, perform, display, and copy the work. However, as with other forms …

Supreme Court to Hear Rimini Street v. Oracle to Decide if Copyright Act Authorizes Non-Taxable Costs

The U.S. Supreme Court has granted a petition for writ of certiorari to take up Rimini Street v. Oracle on appeal from the Court of Appeals …
By Steve Brachmann
8 months ago 0

Proof of Existence Is Not Proof of Ownership

There is a dangerous movement afoot; the idea that registration of your images on the blockchain is a cheap and simple alternative to registration with the United …
By Joe Naylor
1 year ago 2

The Music Modernization Act is Introduced Into U.S. House, Would Create Blanket Licenses for Streaming Music Services

a bipartisan group of Representatives serving on the House Judiciary Committee introduced the Music Modernization Act (H.R. 5447) into the U.S. House of Representatives. Along with …
By Steve Brachmann
1 year ago 0

Not So Blurred Lines

Some IP commentators love to hate the Blurred Lines music copyright decision. A primary critique has stoked unnecessary fear in musicians that the decision blurs the line …
By Sean O'Connor
1 year ago 2

The Unimagined Consequences of Star Athletica’s ‘Imaginative Separability’ Test

Like other opinions in the IP arena, the Supreme Court’s decision in Star Athletica v. Varsity Brands has created a new legal rule with limited practical …
By Doris Estelle Long
1 year ago 1

Inspiration vs. Copying: Where’s the Line in Hollywood?

When it comes to television shows, it not always clear what is “copyrightable.” Sometimes, filmmakers and screen writers can get into serious trouble if they don’t …
By Amanda G. Ciccatelli
2 years ago 3

The Impact of Drake’s Fair Use Copyright Victory on Music Copyright Infringement

A few weeks ago, a New York federal judge ruled that Hip-Hop Artist Drake was protected by copyright’s fair use doctrine when he sampled a spoken-word …
By Amanda G. Ciccatelli
2 years ago 4

The Risks of Using Images for Commercial Purposes

Businesses were recently given a harsh reminder about the effects of failing to obtain permissions when using photography for commercial purposes when a California woman sued Chipotle …
By Amanda G. Ciccatelli
2 years ago 0

Is the Supreme Court breathtakingly dishonest or just completely clueless?

In Star Athletica Breyer laments that the majority is ignoring the statute, refers to copyrights as a monopoly, and explains that copyrights are a tax on consumers... …
By Gene Quinn
2 years ago 14

Copyrights at the Supreme Court: Star Athletica v. Varsity Brands

On Wednesday, March 22nd, the U.S. Supreme Court handed down a decision in a copyright case, which clarifies federal copyright law surrounding whether features incorporated into …
By Gene Quinn & Steve Brachmann
2 years ago 0

Copyright litigation in 2016 saw rise in textile plaintiffs, decline in file sharing cases

The most active defendants in copyright lawsuits include department store chain Ross Stores, Inc. (NASDAQ:ROST), which was named as a defendant in 276 cases. Following Ross Stores …
By Steve Brachmann
2 years ago 1

Trump on Copyright: How the Trump Administration will approach copyright law and potential copyright reforms

We know that not only are copyrights grounded in the constitution, but core copyright industries contribute approximately $1.2 trillion to the U.S. economy annually, and employ over 5.5 …
By Marla Grossman & Gene Quinn
2 years ago 3