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After 'Salinger': a Sea Change in Copyright Injunctions
In their Copyright Law column, Robert J. Bernstein of The Law Office of Robert J. Bernstein and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that the obstacles facing a plaintiff seeking injunctive relief in fair use cases have not merely numerically doubled, with the decision in Salinger v. Colting calling for the application of a second four-factor test; they have been heightened by the Supreme Court's admonition against the application of any presumption of irreparable harm.INTELLECTUAL PROPERTY | Thumbnail reproductions don't infringe
The 9th U.S. Circuit Court of Appeals has ruled that Google's thumbnail versions of images from an online nude magazine does not constitute direct infringement.Before: Sack, Katzmann, and Raggi, C.JJ. U.S. COURT OF APPEALS SECOND CIRCUIT Richard Dannay, Cowan, Liebowitz & Latman, P.C. (Thomas Kjellberg, of counsel), New Yo
Broadcast Yourself: Intellectual Property in a YouTube World
A discussion of YouTube's handling of intellectual property rights.Do Authors Get to Pick Their Heirs?
OS - The Second Circuit must decide whether Steinbeck's will trumps the "termination rights" statute.Who Owns Pre-1972 Sound Recordings?
Sound recordings first fixed before Feb. 15, 1972 -- which includes the recorded genius of the Beatles, Charlie Parker, Hank Williams and Elvis Presley -- are generally not eligible for federal copyright protection. These recordings must be protected, if at all, under the disparate laws of individual states, which raise issues of ownership and duration that must be examined on a case-by-case basis.Trending Stories
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