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Skilled in the Art: Good Luck, Bad Luck in Copyrights + IP Fee Lit Practice Tip
A look at events leading to Irell & Manella's defeat in an appeal over the rights to pre-1972 sound recordings and more big lateral news in the IP space.
Daily Dicta: In EpiPen Suit, Kansas Judge Sticks it to Mylan
When you've got a 6-year-old who suddenly can't breathe, the notion of an EpiPen as a profit center becomes obscene.
Ninth Circuit Says Remastered Songs Not Original in Win for Pre-1972 Artists
Even if engineers make the sound brighter or cleaner, they do not alter the expressive character and identity of the original recording. The decision wipes away a creative defense mounted by broadcasting companies.
Fair Use Verdict Reversed in 'Oracle v. Google'
Copyright Law columnists Robert W. Clarida and Robert J. Bernstein discuss 'Oracle America v. Google', writing: With a third jury trial ahead and the stakes for both parties high enough to justify further appeals, the case is far from over.
The Arc and Art of Protecting Fictional Characters
Intellectual property law protecting fictional—or literary—characters has evolved to recognize that it is often the protagonist or antagonist within a creative work that leave the longest-lasting impression on the audience.
Game Changer: Robert 'Bobby' Schwartz of Irell & Manella
Irell & Manella's Robert "Bobby" Schwartz won summary judgment for CBS.
Music Owners Make Some Headway at 9th Circuit on Royalties for Remastered Hits
At issue in the case over pre-1972 music is whether digitally remastering hits from the '60s and '70s made them derivative works.
'Orange Is the New Black' Hack Has Hollywood on Edge, Legal Minds Divided
There's not much doubt as to what is the most anticipated crime drama of this summer's TV season. It's the one currently unfolding, about how the FBI, studios, networks and post-production companies will deal with the ransom demands of a hacker.
Star Trek Copyright Suit Is Settled but Fan-Filmmakers Get Guidance
Entertainment Law columnists Neil J. Rosini and Michael I. Rudell analyze a recent decision offering an object lesson in how fan films (as well as fan novels and any other unauthorized fan-created derivative of a popular work) court legal disaster.
Court Rules That NY Common Law Does Not Protect Pre-1972 Sound Recordings
No common law right of public performance exists in New York state to compel Sirius XM Radio to pay fees for the use of pre-1972 sound recordings by popular artists such as The Turtles, the state's highest court ruled Tuesday.TRENDING STORIES
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