New York Law Journal | Analysis
By Robert W. Clarida and Robert J. Bernstein | November 19, 2020
Is a state law claim for unauthorized commercial use of an individual's name, voice or likeness—i.e., a right of publicity (ROP) claim—preempted by the federal Copyright Act, when the defendant violates the ROP by reproducing or otherwise exploiting a copyrighted work that embodies such name/voice/likeness? In this edition of their Copyright Law column, Robert W. Clarida and Robert J. Bernstein examine a recent case that addressed this issue.
National Law Journal | Commentary
By Steven Tepp | November 17, 2020
Google asks the Supreme Court to walk away from the Founding Fathers' wisdom, congressional intent and the court's own precedent to excuse free-riding on Oracle's copyrighted work to build a massive commercial enterprise.
By Stephen M. Kramarsky | November 16, 2020
Are social media platforms a place for friends to stay updated on each other's lives? A place for businesses to advertise products? A place for Presidential proclamations and up-to-the-second reporting on society's most important issues? The answer is: It depends. In this edition of his Intellectual Property column, Stephen M. Kramarsky explores how the extremely flexible character of social media has required equal flexibility in the courts' intellectual property analysis.
New Jersey Law Journal | Commentary
By Jonathan Bick | November 13, 2020
It is likely that the United States will continue to be both an internet technology and internet law global leader. As such, American internet law will prospectively have global influence.
The Legal Intelligencer | Commentary
By Stephen A. Miller and Chase A. Howard | November 4, 2020
The U.S. Supreme Court is considering whether Oracle can copyright some of the most well-known software codes in the industry. In October, the court heard oral argument in Google v. Oracle America, a case that is being closely watched by the software industry.
By Frank Ready | November 4, 2020
Legal tech providers have continued to make use of AI to help empower and refine services related to areas such as legal research, contracts, and e-billing. But underlying copyright issues related to the material used to train those technologies may be of bigger concern to some than others.
By Frank Ready | November 4, 2020
Legal tech providers have continued to make use of AI to help empower and refine services related to areas such as legal research, contracts, and e-billing. But underlying copyright issues related to the material used to train those technologies may be of bigger concern to some than others.
By Scott Graham | November 2, 2020
Both sides are mum, but Amazon recently changed its product pages to say "Brand: Williams-Sonoma" instead of "By Williams-Sonoma." The suit alleged that Amazon had created the false impression that Williams-Sonoma authorized sales of its merchandise on the Amazon platform.
By Eric Enger | November 2, 2020
Neither President Donald Trump nor Joe Biden explicitly mentions intellectual property on their websites, and IP is not sexy enough to garner much attention in stump speeches or debates. But here's what we know.
By Michael A. Mora | October 28, 2020
One litigator said these types of copyright cases would only increase with the oversaturation of online streaming services.
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