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|The U.S. Government Supports Textbook Publisher in First Sale Case|
Geri L. Haight, Susan Neuberger Weller; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 12, 2012, previously published on September 11, 2012As previously reported, the U.S. Supreme Court has agreed to hear a case involving the territorial limits of the first sale doctrine under U.S. copyright law. Oral arguments in that case have been set for October 29.
|"The Cheese Stands Alone": United States Trustee Forces Transfer of Houghton Mifflin Harcourt Cases Despite Objection of All Other Parties|
Paul A. Rubin, Stephen B. Selbst, Justin B. Singer; Herrick, Feinstein LLP;
July 17, 2012, previously published on July 2012Congratulations! You just successfully negotiated a prepackaged chapter 11 plan of reorganization for a multi-billion dollar enterprise which leaves general unsecured creditors unimpaired and has been unanimously approved by the debtors' creditors. It's smooth sailing from here, right? Just file...
|US Supreme Court Grants Certiorari in Kirtsaeng v. Wiley & Sons, Inc.|
Dan Himmelfarb; Mayer Brown LLP;
April 25, 2012, previously published on April 16, 2012 Under the Copyright Act’s first sale doctrine, codified at 17 U.S.C. § 109(a), “the owner of a particular copy . . . lawfully made under this title” may sell or otherwise transfer ownership of that copy without the authorization of the copyright owner. In Quality King...
|The Supreme Court Clarifies the Parameters for Assessing Whether a Commercial Representation Is False or Misleading: The Average Consumer Is Credulous and Inexperienced|
Bernard Larocque, Luc Thibaudeau; Lavery, de Billy, L.L.P.;
April 20, 2012, previously published on April 2012Lavery follows the evolution of consumer law closely. Its specialized expertise in the fields of retailing and class actions has been confirmed many times by stakeholders in the milieu. Lavery makes it its duty to keep the business community informed about these matters by regularly publishing...
|The Next Chapter: DOJ Sues Apple and Publishing Companies for Alleged e-Book Conspiracy|
Robert G. Kidwell, Farrah Short, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
April 13, 2012, previously published on April 12, 2012How much should a consumer pay for an electronic book (“e-book”)? Amazon used to sell e-books for $9.99. After Apple, Inc. (“Apple”) entered the market with its e-book application for the iPad, and entered into different distribution arrangements with publishers, $14.99...
Nyemaster Goode West Hansell OBrien A Professional Corporation;
January 5, 2011The Internet has provided access to resources beyond our dreams, but access does not include the right to use those resources in any manner we wish. Limitation on such use is the principle involved in a case pending in the New York Southern District Court.
|The Copyright Principles Project|
Katherine C. Spelman, Michael Traynor; Cobalt LLP;
October 4, 2010Copyright law performs a number of important functions. It facilitates public access to knowledge and a wide range of uses of creative works of authorship, and, in so doing, it helps educate our populace, enrich our culture, and promote free speech, free expression, and democratic values. It...
|Intentionally Nonprofit Journalism: A Tax Lawyer’s Perspective|
Corinne M. Antley; Dow Lohnes PLLC;
August 23, 2010, previously published on August 9, 2010With the commercial print newspaper industry faltering - 100 print newspapers including the Baltimore Examiner, the Rocky Mountain News and Seattle Post Intelligencer closed in 2009 alone - groups of journalists are increasingly seeking alternative models to preserve a free and independent press. ...
|Decision in Viacom v. YouTube: Dog Bites Man (Mark Cuban was wrong)|
Lee T. Gesmer; Gesmer Updegrove LLP;
July 26, 2010, previously published on June 25, 2010Despite all the hoopla, this week’s copyright decision in Viacom v. YouTube (link on Scribd) was predicatable - a decision in the opposition direction would have been a shocker. Viacom accused YouTube (owned by Google) of massive copyright infringement. The court dismissed the case on...
|New York High Court May Consider Important Copyright Jurisdiction Issue|
Lauren E. Aguiar, Anthony J. Dreyer, Mary E. Rasenberger; Skadden, Arps, Slate, Meagher & Flom LLP;
July 15, 2010, previously published on June 28, 2010An important and unsettled question of personal jurisdiction in a copyright infringement case recently was certified to the New York Court of Appeals by a three-judge panel of the United States Court of Appeals for the Second Circuit, Penguin Group (USA) Inc. v. American Buddha, No. 09-1739-cv (2d....