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Fair Use, First Sale and Marilyn Monroe
Copyright Law columnists Robert W. Clarida and Robert J. Bernstein write: On July 20, the Southern District of New York resolved a question that neither the Southern District nor the Second Circuit had ever squarely faced: Can the lawful owner of an art object create and post a photograph of that object in connection with the sale of the object through an online platform such as eBay, without the permission of the owner of copyright in the object?
Interpretation of Digital Millennium Copyright Act Alarms Service Providers
In their Entertainment Law column, Neil J. Rosini and Michael I. Rudell analyze a Second Circuit decision regarding the Digital Millennium Copyright Act, designed to give them a means of eliminating infringing content uploaded by users to Internet sites while providing eligible online service providers a safe harbor from infringement liability if they dutifully respond to takedown notices and bar repeat infringers. The decision may broaden the ways in which online service providers can lose the DMCA's safe harbor protection either by not implementing a repeat infringer policy with a sufficiently wide net or by demonstrating willful blindness to infringing activity involving entire categories of copyrighted works.
IP Automator Releases 3 New Apps Designed for Speed
Legal analytics company Lex Machina lauches new applications designed to give intellectual property attorneys instant access to patent, copyright and trademark litigation data.
Wikimedia Foundation: The Wiki-Snipers
A nonprofit's legal department pioneers a practice in which its community is treated as co-counsel.
Cybersecurity's Weapon of Choice: IP Rights
How existing remedies that intellectual property rights, particularly trademarks and copyrights, can provide to improve overall corporate cybersecurity.
Tech Companies, Songwriters Air Competing Concerns Over Copyright Reform
In-house counsel for eBay Inc., Google Inc. and the National Music Publishers' Association agreed Thursday that the U.S. copyright system needs improvement, but they offered different views about how to approach reform.
That's a wrap! Judge makes sure fake Oscar statuettes are on the cutting room floor
With his order, Sparks also temporarily enjoined De La Rosa from selling any statuettes that bear the copyrighted design and marks of Oscar or otherwise calculating "to cause purchasers to believe that" his "products are sponsored, endorsed or approved by the Academy."
You 'Buy' Digital Media, But Should You Also 'Own' It?
Congress is considering altering a rule limiting the transfer of digital music, e-books and other online-media goods from one consumer to another.
Board Of Contributors: Attorney Fees Easier To Get In Infringement Cases
The Supreme Court says district courts have the discretion to determine whether a case is exceptional based on the "totality of the circumstances," allowing the court to award attorney fees in infringement cases, according to attorneys David A. Kelly and Douglas C. Dreier.TRENDING STORIES
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