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SCOTUS Hears Arguments on Copyright Registration Approvals
While hearing January 2019 oral arguments before it, the U.S. Supreme Court sounded inclined to resolve a circuit courts' split over copyright registration procedures against copyright holders. In Fourth Estate Public Benefit Corp. v. Wall-Street.com, 17-571, four justices suggested that the text of the federal Copyright Act requires holders to formally obtain registration from the Copyright Office before proceeding with infringement suits.
Only Justice Neil Gorsuch seemed more focused on the problems such an interpretation would create for copyright holders pursuing claims against infringers. Copyright holders argue that once they've filed their application and paid the fee they should be cleared to sue, instead of being forced to wait up to more than a year for the Copyright Office to act.
However, “Do you drive without a driver's license when yours has expired because you wrote in to the registry of motor vehicles but they haven't yet licensed you?” Justice Stephen Breyer asked Aaron Panner, who represents copyright holder Fourth Estate Public Benefit Corp. Justice Breyer said he couldn't think of something “roughly comparable and the statute is interpreted the way you want.”
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?