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The U. S. Patent and Trademark Office, together with the Economics and Statistics Administration, has just released a report on Intellectual Property’s effect on the U. S. economy. You can find the report here.
The take-away message is that in 2010, Intellectual-Property-intensive industries, directly or indirectly, generated 40 million jobs in the U. S. In [...]
Estate of Denial: The Cato Institute’s Julian Sanchez provides important perspective regarding public outcries over the Stop Online Piracy Act (SOPA) and PROTECT-IP Act (PIPA) by reminding of how the FBI already has significant power when it comes to internet regulation. That certainly doesn’t mean that apparently successful protests over these two acts [...]
ABA Journal: Wikipedia is planning to protest anti-piracy legislation with a 24-hour blackout of its English-language website on Wednesday.
The nonprofit that operates the online encyclopedia written by its readers said in a statement that the legislation would harm the free and open Internet, report Bloomberg News, the Wall Street Journal [...]
ABA Journal: The Village People had one word of advice for a young man in need of some dough and somewhere to go: Y.M.C.A.
Now the man who wrote the song is a little older and seeking to cash in through a little-known copyright provision that allows musicians and songwriters to [...]
ABA Journal: A federal judge in Santa Ana, Calif., today nearly trebled the $88 million that Mattel Inc. was earlier ordered to pay a competitor in a hard-fought case over the rights to the popular Bratz doll line.
Mattel must pay MGA Entertainment Inc. $85 million in punitive damages and $2.5 [...]
ABA Journal: It was the fall of 2003 when Giacomo Corrado purchased his very first pair of “stripper shoes.” Strolling in the Soho neighborhood of New York City, Corrado spotted a divine pair of Prada pumps and just had to have them.
But Corrado wasn’t stocking his personal shoe collection; he [...]
The Volokh Conspiracy: Happy Fourth to you all! Along with 90 (and still counting) other Internet law and IP law professors, I have signed a letter (drafted by Dave Levine, Mark Lemley, and me) in opposition to Sen. Leahy’s “PROTECT IP Act.” [The letter is posted below — the text of the bill, [...]
Estate of Denial: The comic book industry began life in the early 20th century as the province of con men who stripped artists of their creations, then moved on to the next mark. The artists who were paid virtually nothing for work on characters that are now worth billions at the movies are [...]
Wall St. Journal: “SAP AG must pay $1.3 billion to rival Oracle Corp. for copyright infringement, a federal jury ruled Tuesday [November 23, 2010], following a high-profile court battle between the business-software makers.”
The Volokh Conspiracy: “In my classes in IP law and copyright, I sometimes have difficulty conveying to students the ‘cost’ side of the copyright regime.”
The New York Times: has an interesting article on what it is like for employees of performing rights organizations who work in the trenches of enforcing music copyrights. “Broadcast Music Incorporated, otherwise known as BMI. The firm is a P.R.O., or performing rights organization; P.R.O.’s license the music of the songwriters and music [...]
Wall St. Journal: “DC Comics, a unit of Time Warner’s Warner Bros., filed a lawsuit today against Los Angeles-based attorney Marc Toberoff in an attempt to protect rights to its lucrative ‘Superman’ property.”
Consumers International produced a video called “When Copyright Goes Bad,” which discusses current issues arising from technology that allows for easy copying of copyrighted works and copyright laws.
JustMed, Inc. v. Byce is a copyright case decided by the Ninth Circuit Court of Appeals. It involved the question of who owned the copyright to software code created by Michael Byce – Micheal or JustMed, Inc.? The general rule of copyright law is that the creator of a work owns the copyrights [...]
THR, Esq.: ” more than 20,000 individual movie torrent downloaders have been sued in the past few weeks in Washington D.C. federal court for copyright infringement. A handful of cases have already settled, and those that haven’t are creating some havoc for major ISPs. The lawsuits were filed by . . . the [...]
The Washington Post published an article on March 26, 2010, called “Anti-counterfeiting agreement raises constitutional concerns.” The authors are Harvard Law School professors Jack Goldsmith and Lawrence Lessig. The article starts:
“The much-criticized cloak of secrecy that has surrounded the Obama administration’s negotiation of the multilateral Anti-Counterfeiting Trade Agreement was broken [...]
Los Angeles Times on the battle between the Walt Disney Company, which purchased Marvel Entertainment for $4 billion and the heirs of Jack Kirby, the man whose art work was responsible for many of Marvel’s comic characters. “Pow! Wham! Another high-profile copyright fight broke out in Hollywood, and this one could be the [...]
Electronic Frontier Foundation: “Since they were enacted in 1998, the ‘anti-circumvention’ provisions of the Digital Millennium Copyright Act (‘DMCA’), codified in section 1201 of the Copyright Act, have not been used as Congress envisioned. Congress meant to stop copyright infringers from defeating anti-piracy protections added to copyrighted works and to ban the ‘black [...]
Do fictitious characters have intellectual property rights? Yes argues Geoff Gerber of the Anchor Plate. If you think you can profit from piggy-backing on the fame of Mickey Mouse, Luke Skywalker or Kermit the Frog, you may be asking for legal trouble. For an interesting discussion of Kermit’s intellectual property rights, see “Character [...]
Bloomberg: “Hollywood’s biggest movie studios, including Walt Disney Co. and Paramount Pictures, lost a suit seeking to stop customers of Australia’s Iinet Ltd. from illegally downloading movies in a ruling that may set a precedent for the industry. Iinet, Australia’s third-biggest Internet service provider, didn’t authorize copyright infringements and shouldn’t be held liable [...]
Information Week: “A Minnesota woman fined nearly $2 million for illegally downloading music has seen the fine reduced from that ‘monstrous’ amount by a U.S. District Court judge who dropped the fine to $54,000. Jammie Thomas-Rasset, a single mother with four children, said she is seeking a way to have the fine — [...]
CNN Tech: “When Dan Brown’s blockbuster novel ‘The Lost Symbol’ hit stores in September, it may have offered a peek at the future of bookselling. On Amazon.com, the book sold more digital copies for the Kindle e-reader in its first few days than hardback editions. This was seen as something of a paradigm [...]
The Digital Media Lawyer Blog: “The copyright infringement claims brought against Canadian Gary Fung and his .torrent sites have at last been resolved. On December 21, 2009, Judge Wilson of the Central District of California found Fung and several of his .torrent sites liable for inducement of copyright infringement. Wilson’s decision was based [...]
The Digital Media Lawyer Blog: “Participants in the P2P world have long hoped that courts would recognize that at least some forms of file sharing constitute fair use. In a recent opinion in the Tenenbaum file-sharing case, Judge Gernter of the District of Massachusetts enumerated several unauthorized uses of copyrighted music thinks might [...]
Technology & Marketing Law Blog by Eric Goldman: “Blues Destiny Records, a small Blues music label, doesn’t like RapidShare, a website that allows users to publish files, because users are posting its copyrighted music there. It also doesn’t like that people who search for the label’s artists in Google and Microsoft get search [...]
Digital Media Lawyer Blog: “YouTube has been amassing an impressive list of music industry giants who have agreed to license their content for performance on its site. Recent additions to the fold include Warner Music and the UK Performing Rights Society. These are simply two more examples of the recent warming trend in [...]
Boing Boing: “A woman who tried out her new pocket camera by video-recording a few minutes of her sister’s surprise birthday party at a showing of ‘New Moon’ has been charged with a felony — ‘camcordering’ a movie.”
Digital Media Lawyer Blog: “There has been a lot of recent press touting manufacturers of MAC clones. Clone manufacturers attempt to unlock the tie between Apple software and hardware by selling non-Apple hardware that include copies of Apple’s much-loved software. However, because Apple does not sell copies of its software separately from MAC [...]
Digital Media Lawyer Blog: “Living on the west side of Los Angeles puts me smack in the middle of the entertainment industry. I have often seen promotional copies of DVDs of TV shows and feature films or music CDs being exchanged at parties, and even seen stacks of these being left out by [...]
MacUser: “Most Americans expect that their laws are only passed after some period of public debate between Republicans and Democrats or their news-channel proxies. However, the Anti-Counterfeiting Trade Agreement (ACTA) may be an exception to this rule, and if it is signed, many United States laws concerning the Internet and ownership of data [...]
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