Fan Art and an Email From My Nephew

By |2018-07-04T10:41:35-04:00June 5th, 2013|Intellectual Property Issues|

Prof. Doug Lichtman, UCLA School of Law June 5, 2013 As a faculty member who teaches copyright law at both the Law School and the Business School, I receive a large number of emails each week with questions about how copyright law works in the real world.  The statute, my students realize, says whatever it [...]

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MPAA Chairman and CEO Senator Chris Dodd To Chair Free Speech Week Advisory Council

By |2018-03-18T20:51:15-04:00June 3rd, 2013|Press Releases|

FOR RELEASE: June 3, 2013 Contact: Richard T. Kaplar The Media Institute 703-243-5700 Washington, June 3 – The Media Institute and the Motion Picture Association of America Inc. (MPAA), announced today that MPAA Chairman and CEO Senator Chris Dodd will be the Chair of the 2013 Advisory Council for Free Speech Week (FSW), the [...]

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Unlicensed Retransmission: Aereokiller

By |2018-03-18T15:48:55-04:00May 1st, 2013|Law & Policy|

Filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit in Fox Television Stations, Inc. v. Aereokiller, LLC, urging the court to affirm injunctive relief for broadcasters.  Aereokiller employs a technological scheme to retransmit protected broadcast content to its subscribers in an attempt to circumvent licensing fees.  The brief, written [...]

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Four Ways in Which Kirtsaeng Might Be Undone

By |2018-06-06T18:04:34-04:00April 29th, 2013|Intellectual Property Issues|

Prof. James Gibson, University of Richmond School of Law April 29, 2013 In my previous entry in this series, I discussed the Supreme Court’s long-awaited decision in Kirtsaeng v. John Wiley & Sons, involving the unauthorized resale in the United States of textbooks purchased overseas.  Indeed, the Kirtsaeng case and the issue it presented have [...]

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WNET v. Aereo: The Second Circuit Persists in Poor (Cable)Vision

By |2018-04-05T19:44:54-04:00April 23rd, 2013|Intellectual Property Issues|

Prof. Jane C. Ginsburg, Columbia University School of Law April 23, 2013 In 2008, the U.S. Court of Appeals for the Second Circuit decided Cartoon Network LP, LLLP v. CSC Holdings, Inc., 536 F.3d 121 (2d Cir. 2008), a case involving a “remote DVR” service that enabled Cablevision’s customers to designate programs to store in [...]

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Fair Use and Attorneys’ Fees

By |2018-07-03T17:30:25-04:00April 16th, 2013|Intellectual Property Issues|

Rodney A. Smolla, President, Furman University April 16, 2013 A claim of copyright infringement that is deemed objectively unreasonable may occasionally result in the imposition of attorneys’ fees against the plaintiff alleging infringement.  Section 505 of the Copyright Act allows a court to award the prevailing party a “reasonable attorney’s fee.”1 In SOFA Entertainment, Inc. [...]

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Understanding Extraterritoriality in Kirtsaeng

By |2018-06-06T18:06:23-04:00April 1st, 2013|Intellectual Property Issues|

Prof. Randal C. Picker, University of Chicago Law School April 1, 2013 The Supreme Court’s recent decision in Kirtsaeng will undoubtedly receive a great deal of attention from copyright lawyers.  Jim Gibson took a run at the decision last week on the blog and you should be sure to read that.  The decision involves three [...]

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Finally, an Answer on Copyright, First Sale, and the Gray Market

By |2018-07-02T12:41:42-04:00March 26th, 2013|Intellectual Property Issues|

Prof. James Gibson, University of Richmond School of Law March 26, 2013 In two past entries in this series, here and here, I discussed whether copyrighted goods manufactured abroad may be resold in the United States without having to get a new license from the copyright owner.  When the goods are pirated – manufactured illegally [...]

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Thinking About Privacy

By |2018-06-01T12:57:08-04:00March 11th, 2013|Intellectual Property Issues|

Prof. Doug Lichtman, UCLA School of Law March 11, 2013 I had the chance last month to participate in a public discussion about Facebook and, in particular, Facebook’s privacy policies.  I am not a privacy expert by any means.  And I barely use my Facebook account.  But, in preparing for the event, I found myself [...]

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A ‘Potato’ Firmly Planted: Moral Rights and Site-Specific Art

By |2018-04-05T19:45:06-04:00February 26th, 2013|Intellectual Property Issues|

Prof. Jane C. Ginsburg, Columbia University School of Law* February 26, 2013 Lawyers and others with a glancing acquaintance with comparative copyright law know that civil-law countries, particularly on the European continent, protect two series of authors’ rights, economic and “moral.”  Authors’ non-pecuniary prerogatives, enshrined in the Berne Convention on the international protection of authors’ [...]

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