(Podcast) The Briefing: What Is Fair Use and Why Does It Matter?
The Briefing: What Is Fair Use and Why Does It Matter?
(Podcast) The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Cease and Desist Letters: Protecting Your Intellectual Property the Right Way
PODCAST: PODCAST: Williams Mullen's Trending Now: An IP Podcast - Cease and Desist Letters: Protecting Your Intellectual Property the Right Way
(Podcast) The Briefing: Anthropic, Copyright, and the Fair Use Divide
The Briefing: Anthropic, Copyright, and the Fair Use Divide
Will I Get Sued if I Create Another Hospital Drama? — No Infringement Intended Podcast
The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
(Podcast) The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
Mickey Mouse: un ratón con abogado
(Podcast) The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
How IP Can Fuel Your Startup's Growth
JONES DAY TALKS®: Women in IP – AI and Copyright Law Need-to-Knows
(Podcast) The Briefing: Sequel, Spin-Off, or Something Else? The Legal Battle Over "ER" and "The Pitt"
The Briefing: NBA Teams Fight Back Against Trolling – The Validity of the Discovery Rule at Stake
(Podcast) The Briefing: NBA Teams Fight Back Against Trolling – The Validity of the Discovery Rule at Stake
What Were the Cooler Wars? (Part 1) — No Infringement Intended Podcast
(Podcast) The Briefing: Westlaw v. Ross AI - Is This The End of AI Training or The Future of AI Training
What Is Copyright Protection? When Should A Copyright Be Filed? What is copyright? Copyright is a United States Constitutional right that provides protection to works of original authorship...more
Ah, the public domain—where copyrights dare not tread, and content lives free from the litigious claws of infringement claims. Whether thou art a humble creator or a bold entrepreneur, rejoice! For in this blessed realm, you...more
In a summary order, the US Court of Appeals for the Second Circuit affirmed the district court’s orders in a case involving an ownership dispute over the copyrights to certain compositions by Parliament-Funkadelic bandleader...more
According to the United States Copyright Office Circular 14: "A derivative work is a work based on or derived from one or more already existing works. Common derivative works include translations, musical arrangements,...more
In a case of first impression, the US Court of Appeals for the Second Circuit held that there is no “sophisticated plaintiff” exception to the Copyright Act’s discovery rule, which provides that a copyright claim only accrues...more
As discussed in Part 1, understanding the application of the Copyright Act’s works made for hire doctrine is needed to protect an organization’s intellectual property. Specifically, the application of the doctrine to...more
On May 9, 2024, the Supreme Court in Warner Chappell, Music Inc. v. Nealy settled a longstanding circuit split and ruled 6-3 that the Copyright Act entitles a copyright owner to recover damages for any timely claim, no matter...more
Online shopping has become increasingly popular in recent years. E-commerce sales surpassed $6.5 trillion in 2023 and are expected to total over $8.1 trillion by 2026. Convenience of product variety and online competition...more
Understanding the work made for hire doctrine under the Copyright Act of 1976 is key for effective intellectual property management. The default ownership rule under the Copyright Act provides ownership to the author (i.e.,...more
For copyright infringement lawsuits timely filed by plaintiffs availing themselves of the “discovery rule” — to determine when their infringement claims accrued — the US Supreme Court has issued a decision concerning the...more
The U.S. Supreme Court affirmed the Eleventh Circuit’s holding in Warner Chappell Music v. Nealy that copyright plaintiffs bringing timely claims of infringement may recover damages for acts occurring outside the three-year...more
The Supreme Court held that copyright owners who file a timely claim may obtain damages no matter when the copyright infringement occurred. ...more
With decades of experience assisting nonprofit clients with copyright issues, we periodically like to offer refreshers on key copyright issues and highlight current trends we see nonprofit organizations encounter with...more
In the ever-evolving landscape of intellectual property law, a new federal bill has emerged to address the unique challenges faced by golf course designers and architects. The Bolstering Intellectual Rights against...more
A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. Copyright law in the United States, rooted in the U.S. Constitution, ensures...more
Thank you for reading the February 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the advertising rights of luxury resellers and important updates to the Warner Chappell Music v. Nealy...more
On February 21, 2024, the Supreme Court of the United States heard oral arguments in Warner Chappell Music, Inc. et al. v. Nealy et al. The case involves whether plaintiff music producer Sherman Nealy may recover damages for...more
On February 21, the US Supreme Court will hear oral arguments in Warner Chappell Music, Inc. v. Nealy, the outcome of which could determine whether copyright holders can recover damages for acts occurring more than three...more
Over the last few months, the Federal Trade Commission (FTC) has voiced an increasing interest in AI-generated content and copyright law. In an August 2023 Business Blog entitled “Can’t Lose What You Never Had: Claims About...more
On September 29, 2023, the Supreme Court granted certiorari in Warner Chappell Music, Inc. v. Nealy, a case that should resolve a split among the U.S. Courts of Appeal relating to the scope of damages available to copyright...more
Under the laws of the United States, we enjoy what is known as “testamentary freedom.” Although there are exceptions to the general rule — such as minimum amounts that automatically pass to, or can be claimed by, a surviving...more
As a previous Wilson Sonsini Alert reported, Snail Games USA Inc. and Wildcard Properties LLC (collectively, “Snail”) sent a Digital Millennium Copyright Act (DMCA) takedown notice to Valve Corporation (Valve) in order to...more
In this archive episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo explain the importance of short-form copyright assignment agreements....more
The U.S. Court of Appeals for the Second Circuit recently ruled against the heirs of songwriter Hugo Peretti in their attempt to terminate a copyright grant for Peretti’s composition “Can’t Help Falling in Love,” a huge hit...more
On September 30, 2021, the United State Court of Appeals for the Second Circuit decided a much-anticipated copyright reversion case involving the slasher franchise, Friday the 13th. This case concerns the claim for copyright...more