Posts in Copyright


California Court’s Finding of Fair Use for Nicki Minaj Affirms Public Benefit of Artistic Experimentation

In a ruling earlier this month, U.S. District Judge Virginia A. Phillips of the Central District of California granted partial summary judgment in favor of Onika …
By Steve Brachmann
1 year ago 0

This Week in Washington IP: House Judiciary Committee to Review Copyright Office Section 512 Report, Senate Committees Consider Copyright Small Claims Proposal and Subpoenas for Big Tech CEOs

This week in Washington IP events, the House Judiciary Committee will hold a hearing at noon on Wednesday to explore the findings of the Copyright Office’s …
By IPWatchdog
1 year ago 0

Google’s Fair Use Shell Game

Google has admitted it copied over 11,000 lines of Oracle’s creative Java code to build its Android smartphone platform, that it makes commercial use of the code …
By Steven Tepp
1 year ago 4

Senate IP Subcommittee Continues Search for Balance on Potential Copyright Reforms

On September 16, the Senate Judiciary Committee’s Subcommittee on Intellectual Property held a hearing titled “Are Reforms to Section 1201 Needed and Warranted?”, which continued the Subcommittee’s …
By Rebecca Tapscott
1 year ago 1

Shira Perlmutter to Head U.S. Copyright Office

The U.S. Patent and Trademark Office (USPTO) announced today that Shira Perlmutter, the Office’s Chief Policy Officer and Director for International Affairs, has been chosen …
By IPWatchdog
1 year ago 0

Ninth Circuit Holds that Jersey Boys Did Not Infringe ‘Protected Expressive Elements’ of Autobiographical Book

Last week, the U.S. Court of Appeals for the Ninth Circuit affirmed a decision on appeal from the U.S. District Court for the District of …
By Rebecca Tapscott
1 year ago 0

Pursuing a Better Harmonization of Copyright Law and Communications Law

Until 1976, the worlds of American copyright and communications law operated largely in parallel universes. Under the U.S. Constitution, Congress is vested with the power “[t]o …
By Stuart N. Brotman
1 year ago 0

Google: An Oracle of Wisdom in its Fascinating Submission to the European Commission

On June 2, the European Commission launched a far-reaching consultation as part of its examination of a forthcoming Digital Services Act (DSA), aimed at identifying areas where new …
By Neil Turkewitz
1 year ago 1

Four Out of Eight Doesn’t Cut It: The IP Safeguards that Most Lawyers Miss When Protecting Software

Software is an extremely valuable good for those who produce it because it provides value to the software’s end users. That value, however, also makes it …
By Marty Mellican
1 year ago 3

New Group Copyright Registration Option Raises Questions Around Definition of ‘Published’ in the Digital Age

The United States Copyright Office recently released a New Group Registration Option for Short Online Literary Works (GRTX), which would allow an applicant to register up to 50 …
By IPWatchdog
1 year ago 0

‘Merger’ and Acquisition: Google’s Copyright Contortion to Excuse Copying

The Supreme Court is set to hear oral argument on October 7 from Oracle and Google in their long-running Java intellectual property case. The questions raised in Google …
By Steven Tepp
1 year ago 3

Eighth Circuit Affirms Holding That Disclosure of Source Code Was Authorized Under the Parties’ Agreement

On August 14, the United States Court of Appeals for the Eighth Circuit affirmed in part and vacated in part a district court decision in MPAY Inc. v. …
By Rebecca Tapscott
1 year ago 0

Three Steps Licensees Can Take to Protect Their IP Rights in Bankruptcy

During periods of widespread economic disruption such as the present, operating businesses must be able to identify and respond to threats to the financial health of their …

Will the Supreme Court Provide the Fair Use Clarity that IP Law Needs?

On July 30, IP Watchdog Editor-in-Chief Eileen McDermott reported that, as part of its series on a 1990s copyright modernization bill known as the Digital Millennium Copyright Act, …
By Terry Campo
1 year ago 0

Ninth Circuit Affirms Dismissal of Copyright Infringement Claim Against Disney’s Inside Out Movie

On August 3, the United States Court of Appeals for the Ninth Circuit, in Masterson v. Walt Disney Company, affirmed a district court’s dismissal of Carla Masterson’…
By Rebecca Tapscott
1 year ago 0