California Federal Court Sorts Out Ownership Issues In Dispute Over Record Albums
September 01, 2021
Approval of all the co-owners of a copyrighted work is needed to grant exclusive rights to third parties. Despite that, any co-owner can sell that co-owner's exclusive ownership share to third parties without the permission of the others The U.S. District Court for the Eastern District of California recently released an opinion that considered the interplay of these copyright issues.
How to Address Evolving Privacy Regulations During Discovery
September 01, 2021
One Recipe for Success: Treat Private Data With the Same Priority Given to Privilege
But for all the coverage that privacy regulations are meant to provide, there is precious little guidance about how to protect private information, and there is very little legal precedent to guide our practices.
Proposed Changes In UCC Address Virtual Currency Financing
September 01, 2021
Financial institutions are beginning to accept virtual currencies as collateral for financings. Could this become common for independent film productions and other entertainment industry ventures? This article examines the scope of UCC Article 9 with a focus on virtual currencies, taking into consideration issues of classification and perfection.
Artificial Intelligence and Subject Matter Eligibility In U.S. Patent Office Appeals
September 01, 2021
For the foreseeable future, patent applications involving artificial intelligence technologies, including machine learning, will increase with the continued proliferation of such technologies. However, subject matter eligibility can be a significant challenge in securing patents on artificial intelligence and machine learning.
How NY Courts Find Copyright Preemption of State Law Right of Publicity Claims
September 01, 2021
To survive preemption under §301 of the Copyright Act, courts consider whether a state law claim in a lawsuit has an "extra element" that qualitatively distinguishes it from a federal copyright claim. Courts typically find that state law claims, such as breach of contract, have an extra element. Other state law claims, such as conversion, get varying court determinations as to whether they are preempted.
