Constitution Day
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...
Category: "copyright"
SCOTUS Watch: Costs Recovered Limited as Specified in Copyright Act
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...
SCOTUS Watch: Registration Required Before Infringement Action
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...
No Digital First Sale Doctrine, per Second Circuit
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...
Government Shutdown Effect on IP Offices
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...
SCOTUS Watch: Supreme Court Grants Certiorari in Copyright Cost Row
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...
Software Removing Metadata Not Enough Showing to “Conceal or Induce” Copyright Infringement
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...
“Au revoir” to California Resale Royalties Act, Says Ninth Circuit
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...
Second Circuit Will Not Yet Hear Embedded Tweet Appeal
In a somewhat unsurprising move, the Court of Appeals for the Second Circuit denied an interlocutory appeal (28 U.S.C. §1292) requested by publisher defendants in Heavy, Inc. v. Goldman. The order...
SCOTUS Watch: Supreme Court to Hear Case of What “Registration” Means
On June 28, 2018, the U.S. Supreme Court granted the petition for writ of certiorari in Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC. The justices took up the case to resolve a split in...
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