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HTMLIntellectual Property: What is it and Why Do I Care? Part III: More Copyright Myths and Mysteries
Heather Bond Vargas; Cobb Cole;
Legal Alert/Article
August 28, 2009
Okay, 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...


Adobe PDFSoup Can or Can of Worms? Legal Issues Arising from the Warhol Estate
Carol E. Heckman; Harter Secrest & Emery LLP;
Legal Alert/Article
August 26, 2009, previously published by New York State Bar Association Entertainment, Arts and Sports Law Journal on Summer 2009
Andy 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...


HTMLCalifornia Supreme Court Issues Key Ruling in Misappropriation Case
Kelli L. Sager, Rochelle L. Wilcox; Davis Wright Tremaine LLP;
Legal Alert/Article
August 26, 2009, previously published on August 17, 2009
In 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"...


HTMLNo Special Rules for Internet Defamation, Says New York Judge
Jeffrey D. Neuburger; Proskauer Rose LLP;
Legal Alert/Article
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,...


HTMLALJ 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.;
Legal Alert/Article
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...


HTMLTop Benefits of Filing a Copyright with the United States Copyright Office.
Brian A. Hall; Traverse Legal, PLC;
Legal Alert/Article
August 17, 2009, previously published by Traverse Legal Radio
A 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...


Adobe PDFImplementing Measures for Administrative Copyright Penalties
Yiqiang Li, John V. Grobowski; Faegre & Benson LLP;
Legal Alert/Article
August 14, 2009, previously published on August 1, 2009
China'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...


HTMLAdvertising Industry Publishes Self-Regulatory Principles for Online Behavioral Data Collection
Robert J. Driscoll, Paul Glist, Jennifer Small; Davis Wright Tremaine LLP;
Legal Alert/Article
August 3, 2009, previously published on July 9, 2009
On 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.


HTMLIntent to Parody Does Not Avoid Copyright Infringement Claim
Winston & Strawn LLP;
Legal Alert/Article
July 31, 2009, previously published on July 20, 2009
An 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,...


Microsoft WordLinking Rights to Sites
Margaret A. Esquenet, Danny M. Awdeh; Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.;
Legal Alert/Article
July 15, 2009, previously published by Copyright World on December 2007
In 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...


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