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In some instances the appearance of third-party intellectual property on items purchased, owned and customized by the purchaser may be legal under the doctrines of first sale and fair use.
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Vincent Cox of Ballard Spahr in Los Angeles and Scott Ponce of Holland & Knight in Miami prevailed recently in the U.S. Court of Appeals for the Eleventh…
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Current copyright litigation in the U.S. District Court for the District of Maryland involving Clancy's widow Alexandra and his former wife Wanda King is complex, but involves fundamental issues of copyright ownership.
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In response to a copyright claim in the U.S. District Court for the Central District of California that the Netflix series Stranger Things infringed on Irish Rover Entertainment's unpublished screenplays, Netflix and the other defendants filed a Rule 12(b)(6) motion to dismiss, arguing that the works were not substantially similar as a matter of law.
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The new, more than 5,000-page spending bill, which includes the latest COVID-19 relief, had a few surprises under its cover. Two of those surprises focus directly on intellectual property and amount to sea changes in the trademark and copyright infringement realms.
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Online publication impacts the duration of copyright protection among other purposes, including optimizing creative and ownership rights and the availability of statutory damages and attorney fees. Thus, it is important to determine when Internet distribution constitutes publication.
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The CASE Act fulfills the longstanding goal of the U.S. Copyright Office to establish a small claims court. The measure tasked the office with establishing the Copyright Claims Board and adopting governing regulations.
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Publication of content online impacts the duration of copyright protection among other purposes, including optimizing creative and ownership rights and the availability of statutory damages and attorney fees. Thus, it is important to determine when Internet distribution constitutes publication.
Features
In Dr. Seuss Enterprises L.P. v. ComicMix LLC, a unanimous three-judge panel of the Ninth Circuit held in December that ComicMix's illustrated book combining elements of several Dr. Seuss children's books with characters, themes and other features of the popular sci-fi series Star Trek was not a fair use of the Seuss material from which it had admittedly been "slavishly" copied.
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Part Two of a two-part article While the livestreaming of music performances is not an entirely new phenomenon, the COVID crisis has transformed the live performance landscape, compelling artists from around the world to reach their fanbase by producing "quarantine streams," in which they livestream their sets on social media platforms. Given this sudden pivot to livestreaming over social media, unsurprisingly many questions have arisen.