April 16, 2009 | New York Law Journal
Intellectual Property LitigationLewis R. Clayton, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, writes that, relying on an 80-year-old doctrine, the U.S. District Court for the Southern District of New York recently held that a news agency possesses a "quasi-property" right in the news. AP's argument was anchored in a basic appeal to fairness, he says, and in the seldom-used "hot news" doctrine, which the U.S. Supreme Court first articulated in International News Service v. Associated Press.
By Lewis R. Clayton
11 minute read
November 18, 2004 | Legaltech News
The 'Lexmark' EffectComputer programs have long enjoyed copyright protection as "literary works." Replacement parts for these goods often must use the proprietary software written for the device for which they are made. May manufacturers invoke the copyright laws to block use of such software, effectively forcing consumers to use only authorized parts and equipment? A 6th Circuit ruling concerning printer toner cartridges indicates that the courts will be hostile to such efforts.
By Lewis R. Clayton
8 minute read
November 02, 2007 | New York Law Journal
Intellectual Property LitigationLewis R. Clayton, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, writes that no user of the Internet can fail to notice the wide availability of thousands of audio and video clips uploaded each day by individuals. A good deal of this material derives from the public domain or was created from scratch by the individual uploader. Much of it, however, appropriates copyrighted material.
By Lewis R. Clayton
11 minute read
September 10, 2008 | New York Law Journal
Intellectual Property LitigationLewis R. Clayton, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, writes that the evolution of home video recording technology continues to generate complex copyright disputes between distributors and copyright owners, in which the important rights can turn on seemingly arcane issues. The latest example concerns Cablevision's proposed "Remote Storage Digital Video Recorder system, designed to give cable subscribers the functionality of a TiVo-like personal digital video recorder.
By Lewis R. Clayton
11 minute read
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