Searching Content indexed under Copyright by Holland & Knight ordered by Published Date Descending.
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Supreme Court Resolves Circuit Split On Copyright Registration And Commencing A Lawsuit
The U.S. Supreme Court in Fourth Estate Pub. Benefit Corp. v., LLC clarified that copyright registration occurs, and a claimant may commence a copyright infringement suit
United States
14 Mar 2019
Taste Cannot Be Copyrighted In European Union
In Levola Hengelo BV v. Smilde Foods BV, Case C-310/17 (Nov. 13, 2018), the court of justice of the European Union ruled that the taste of a food product cannot be copyrighted or classified
European Union
3 Jan 2019
Lessons From 5Pointz: Avoiding Potential Tension Between Artists And Property Owners
In Jonathan Cohen et. al v. G&M Realty L.P. et al., the U.S. District Court for the Eastern District of New York awarded $6.7 million to a group of graffiti artists whose works had been systematically whitewashed...
United States
28 Feb 2018
Separating Art from Function: Supreme Court Creates Copyright Test for Designs
A landmark Supreme Court decision, holding that artistic elements incorporated into useful article may be entitled to copyright protection, opens the door to copyright protection for designs traditionally limited to other avenues of protection.
United States
28 Apr 2017
"Wanton Disregard Of Duty" Tort Claim Pre-Empted By Copyright Act
The purview of federal preemption in the context of copyright law is broad.
United States
30 Nov 2016
10 Key Intellectual Property Issues For M&A Deals
Intellectual property (IP) issues are increasingly important factors in merger and acquisition (M&A) transactions.
United States
21 Nov 2016
Balancing Copyright Owners' Rights With ISP Immunities
When an online user violates copyright law, the copyright owner will frequently turn to the user's internet service provider (ISP) for relief.
United States
2 Feb 2016
CBP Offers IP Owners Better Tools For Combating International Counterfeits
The harm that knock-off goods pose for companies is obvious.
United States
1 Oct 2015
Copyright Owners Must Weigh Fair Use Before DMCA Takedown, 9th Circuit Holds
The case concerns a 29-second YouTube video uploaded by Stephanie Lenz of her then-13-month-old son dancing to "Let's Go Crazy," a song by the artist known as Prince.
United States
16 Sep 2015
Discovery In Website-Based Suit Required To Determine Personal Jurisdiction
Incorporating ergonomics into the workplace, a term/ethos which broadly refers to the principles of "fitting a job to a person," is all the rage these days. Companies large and small, as well as some of their enterprising employees, are extolling the virtues of standing desks and enhanced lumbar support ..
United States
20 Apr 2015
"Deliberate Ignorance" Sufficient Mens Rea For Criminal Conviction Under DMCA
As a Circuit judge recently noted in dissent, the Digital Millennium Copyright Act (DMCA) strives to "achieve a balance between strengthening copyright law and preserving consumer rights, promoting technological innovation, and protecting First Amendment speech in our increasingly digitized culture."
United States
12 Apr 2014
Online Product Management Beyond DMCA Safe Harbor
The Digital Millennium Copyright Act (DMCA) was in large part designed to help content providers prevent copyright infringement on the Internet. - See more at:
United States
24 Mar 2014
Special 301 Ad Hoc Trademark Working Group Hearing (Video Content)
Intellectual Property Partner Paul Kilmer provides testimony during a Special 301 Ad Hoc Trademark Working Group Hearing.
United States
4 Mar 2014
No Claim Is Too Small: Copyright Office Proposes Small Claims Tribunal
The U.S. Copyright Office has proposed legislation that would enable copyright owners to enforce their rights in a streamlined alternative to federal court litigation designed for smaller-value claims.
United States
11 Nov 2013
Video Wars: Broadcast Television v. Internet Start-Ups
For almost a year now, representatives of two major industries have been in a judicial face-off concerning the rights of the on-line community to retransmit broadcast network programs without paying for them.
United States
25 Jan 2013
Bay City Rollers Strike First In Their Battle To Recover Unpaid Royalties From Arista Records
Two years ago, the Bay City Rollers filed a lawsuit against Arista Records, Inc., claiming that Arista had failed to pay them millions of dollars in royalties over an almost thirty-year period.
United States
19 May 2009
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