Second Circuit 'Affirms Fair Use
November 02, 2015
On Oct. 16, in <i>Authors Guild v. Google,</i> the Second Circuit affirmed a U.S. District judge's holding that Google's mass digitization of more than 20 million books from major university libraries in order to enable users of the Google Books website constitutes fair use.
Eye on <i>Lenz</i> In Light of NFL Takedown Notices
November 02, 2015
In October, after receiving takedown requests from the National Football League and two college athletic conferences citing the Digital Millennium Copyright Act (DMCA), Twitter suspended two sports news feeds that feature short clips of football highlights.
Bit Parts
November 02, 2015
New York Federal Court Dismisses Copyright Plaintiff's Suit Against Former Lawyers<br>Nicollette Sheridan's Retaliation Claim in L.A. Superior Court Needn't First Be Filed with California Labor Commissioner
Contracting with Minors
November 02, 2015
One of the fundamental principles of U.S. contract law is that a party must have the capacity to enter into a contract in order to be bound. Minors, as a general rule, lack this capacity. As a result, any contract made with a minor might not be enforceable. Yet in certain circumstances, contracts with minors are commonplace. The following identifies some risks, some mitigating solutions and the limitations of those solutions when contracting with a minor.
Med Mal News
October 02, 2015
Discussion of two recent rulings.
'Happy Birthday' Case Built on Prof.'s Article
October 02, 2015
A federal judge in Los Angeles ruled that Warner/Chappell Music does not hold a copyright to the song's lyrics, upending an 80-year licensing campaign that generated an estimated $2 million per year.
Employees with Duty to Report Bias Protected from Retaliation
October 02, 2015
The "manager rule" purports to address a concern that, if counseling and communicating complaints are part of a manager's regular duties, then "nearly every activity in the normal course of a manager's job would potentially be protected activity," and "an otherwise typical at-will employment relationship could quickly degrade into a litigation minefield," according to <I>Hagan v. Echostar Satellite</I>.
How Consumers Are Shoplifting from the Comfort of Their Own Homes
October 02, 2015
Online retail has completely transformed the way the world goes shopping. It is projected that consumers worldwide will spend nearly $1,700 billion in online sales this year. Consumers are leaving the physical swiping of cards and exchange of cash behind for the ease and convenience of a card-not-present transaction. But more important than the effect on brick-and-mortar, this paradigm shift is reshaping the way consumers think.
How Effective Has VARA Been?
October 02, 2015
The Visual Artists Rights Act of 1990 (VARA) was enacted as an amendment to copyright law for the United States to really get on board with the Berne Convention. Finally, hardworking American authors of original works of fine art would be granted a few "moral rights." That was the promise. But where are we, 25 years in? What artists are granted these rights, and what stands in the way of exercising them?
