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|Intellectual Property: What is it and Why Do I Care?
Part III: More Copyright Myths and Mysteries
Heather Bond Vargas; Cobb Cole;
August 28, 2009Okay, imitation may be the sincerest form of flattery, but it may also be copyright infringement. The test for copyright infringement is whether the alleged infringer copied a work without permission. Copying is determined by establishing access to the work and whether the work is substantially...
|Soup Can or Can of Worms? Legal Issues Arising from the Warhol Estate|
Carol E. Heckman; Harter Secrest & Emery LLP;
August 26, 2009, previously published by New York State Bar Association Entertainment, Arts and Sports Law Journal on Summer 2009Andy Warhol was perhaps one of the most notorious and productive artists of our time. He has recently been dubbed the "unquestioned star of the New York contemporary art sales," with more than 43 works breaking the $1 million barrier. Warhol died unexpectedly in 1987 following gall...
|California Supreme Court Issues Key Ruling in Misappropriation Case|
Kelli L. Sager, Rochelle L. Wilcox; Davis Wright Tremaine LLP;
August 26, 2009, previously published on August 17, 2009In a unanimous decision, the California Supreme Court has held that the single publication rule applies to claims for misappropriation and right of publicity, just as it does for defamation and other content-based tort claims. The Court also rejected the argument that the "discovery rule"...
|No Special Rules for Internet Defamation, Says New York Judge|
Jeffrey D. Neuburger; Proskauer Rose LLP;
August 25, 2009, previously published on August 19, 2009 If you refer to a professional model as a "skank" and a "ho," that's defamation, not mere opinion or hyperbole, and it is no less defamatory for having been said on a blog, a Supreme Court judge in New York ruled in In re Application of Cohen (N.Y. Sup. Ct. N.Y. Cty Aug. 17,...
|ALJ Gildea Denies Motion to Strike Experts' Hearing Testimony in Certain Laser Imageable Lithographic Printing Plates (337-TA-636)|
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
August 20, 2009, previously published on August 4, 2009 On August 3, 2009, ALJ E. James Gildea issued the public version of Order No. 30 (dated July 24, 2009) in Certain Laser Imageable Lithographic Printing Plates (Inv. No. 337-TA-636). In the Order, ALJ Gildea denied a motion to strike portions of the hearing testimony of two experts for Complainant...
|Top Benefits of Filing a Copyright with the United States Copyright Office.|
Brian A. Hall; Traverse Legal, PLC;
August 17, 2009, previously published by Traverse Legal RadioA copyright is a form of protection. It's a piece of intellectual property that gives the author of an original work the exclusive right for a certain period of time which, for example, with an individual is the life of the author plus seventy years. It gives them the exclusive right for that...
|Implementing Measures for Administrative Copyright Penalties|
Yiqiang Li, John V. Grobowski; Faegre & Benson LLP;
August 14, 2009, previously published on August 1, 2009China's National Copyright Administration has formulated new rules designed to update and standardize the administration of, and administrative penalties for, copyright violations. The Implementing Measures for Administrative Copyright Penalties (Copyright Administration Measures), which took...
|Advertising Industry Publishes Self-Regulatory Principles for Online Behavioral Data Collection|
Robert J. Driscoll, Paul Glist, Jennifer Small; Davis Wright Tremaine LLP;
August 3, 2009, previously published on July 9, 2009On July 2, 2009, a group of advertising industry associations published the Self-Regulatory Principles for Online Behavioral Advertising--a set of guidelines concerning the collection and use of online behavioral data by advertisers, service providers, publishers and ad networks.
|Intent to Parody Does Not Avoid Copyright Infringement Claim|
Winston & Strawn LLP;
July 31, 2009, previously published on July 20, 2009An intent to parody is not sufficient to save a novel from a finding of copyright infringement, according to a ruling of the Southern District of New York in early July. That court issued a preliminary injunction against the publication of a book entitled 60 Years Later: Coming Through the Rye,...
|Linking Rights to Sites|
Margaret A. Esquenet, Danny M. Awdeh; Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.;
July 15, 2009, previously published by Copyright World on December 2007In 2007, federal courts for the first time addressed the use of hyperlinking as a means of displaying copyrighted works. The courts in these two cases reached different results. First, the US District Court for the Northern Division of Texas in Live Nation Motor Sports Inc v Davis held that Robert...