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July 24, 2023 | New York Law Journal

Accrual of Authorship Claims: 'Finch v. Casey'

A discussion of 'Finch v. Casey' concerning 99 songs co-written by Richard Finch and Harry Wayne Casey—aka KC—while they were members of KC & The Sunshine Band in the 1970s. The case is "one of only a handful of cases touching on the interplay between the Copyright Act's statute of limitations, and its termination-of-transfer provisions."
9 minute read
October 11, 2022 | Supreme Court Brief

A Primer on Understanding Art | Prop 8's End of the Road | A Constitutional Independent State Legislature Doctrine

Veteran advocates Roman Martinez of Latham & Watkins and Lisa Blatt of Williams & Connolly go toe-to-toe today, but we check in on an unusual amicus brief supporting neither party to the case.
6 minute read
December 22, 2021 | National Law Journal

Intellectual Property Law in 2021: A Year of Surprises, COVID-Related and Otherwise

Waco jurors delivered a $2.175 billion shock. The Supreme Court crafted an unexpected remedy for PTAB appointments. And after 38 years, the Federal Circuit finally got its first Black judge.
13 minute read
July 23, 2020 | New York Law Journal

Copyright Termination Rights and Loan-Out Companies

Robert W. Clarida and Robert J. Bernstein discuss whether recording artists who transferred their rights to record labels through so called "loan-out" companies are entitled to any termination rights at all under Section 203 of the Copyright Act.
7 minute read
August 23, 2019 | New York Law Journal

The Big Shift and What It Means

Although not a single word has been altered in any statute, what we know now about the protectability of fashion designs is very different from what we thought we knew a very short time before.
8 minute read
Law Journal Press | Digital Book Ferrara on Insider Trading and The Wall Authors: Ralph C. Ferrara, Donna M. Nagy, Herbert Thomas View this Book

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May 24, 2019 | Law.com

Hey! That's My Move!

<b><i>Copyright, Fortnite and the Ability to Protect How You Shake Your Groove Thing</b></i><p>The U.S. Supreme Court just crashed the copyright world's latest dance party — stepping on the toes of a soiree of copyright infringement lawsuits against videogame developer Epic Games, the creator of Fortnite.
11 minute read
May 07, 2019 | Law.com

Skilled in the Art: Trials, Trials, Trials! | DOJ and FTC Diverge | These Shoes Were Made for Infringing

While formally taking no position on the question of Qualcomm's liability, DOJ asked U.S. District Judge Lucy Koh last week to allow additional briefing and hold a hearing on remedies if she finds Qualcomm violated antitrust laws.
7 minute read
April 11, 2019 | Law.com

The Supreme Court Finally Resolves An Old, Vexing Question: Does "Registration" Mean "Registration"?

In <i>Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC</i>, the Supreme Court resolved a circuit split decades in the making by holding that a copyright is not “registered” within the meaning of the Copyright Act unless and until a registration certificate actually has issued.
8 minute read
March 26, 2019 | New York Law Journal

U.S. Supreme Court Issues Two Unanimous Rulings Clarifying Meanings of 'Registration' and 'Full Costs' in Copyright Act

This article analyzes two recent unanimous Supreme Court decisions interpreting the Copyright Act: 'Fourth Estate Public Benefit v. Wall-Street.com' and 'Rimini Street v. Oracle USA'.
7 minute read
March 22, 2019 | New York Law Journal

My House: What Rules? IP Implications of Augmented Reality Advertising

The intersection of real-world objects with digital images will test a number of legal doctrines.
12 minute read

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