The Takings Clause of the Fifth Amendment states that private property “shall not be taken for public use, without just compensation.” Intellectual property rights – patents, trademarks, copyrights,...
On August 21, 2019, the Court of Appeals for the Second Circuit ruled in an interesting example of what is deemed “work for hire,” as defined by the Copyright Act, 17 U.S.C. §201(b), in Morricone...
Today is Constitution Day. On this day, September 17, 1787, the U.S. Constitution was signed thirty-nine Founding Fathers, ushering the birth of the United States. Several clauses in the...
In the second copyright case decided by the U.S. Supreme Court on March 4, 2019, Rimini Street, Inc. v. Oracle USA, Inc., the high court dealt with the question of whether “full costs” is more than...
On March 4, 2019, the U.S. Supreme Court issued a pair of copyright decisions that will affect copyright owners’ ability to sue and recover in federal court. The first, Fourth Estate Public Benefit...
Technology has always been a few light years ahead of the law, and when the law catches up, tech usually has moved on to the next big thing. So, because of the glacial pace in which case law does...
At midnight on Friday, December 21, 2018, the U.S. government entered a partial shutdown, which means all non-essential federal departments will close operations until funding has been appropriated...
On September 27, 2018, the U.S. Supreme Court granted certiorari in Rimini Street, Inc. v. Oracle USA, Inc., in order to resolve a split in the circuits related to prevailing copyright litigant’s...
Technology is meant to make things easier or improve conditions in society. However, sometimes technology, in the form of software, can sometimes do errant things that can create issues later. So...
In what will be a major case to shake up the art world, the nation’s only droit de suite statute has again been eviscerated as a federal appeals court has found the resale royalty right only applies...