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July 14, 2022 | New York Law Journal

'Morford v. Cattelan': If Two Artists Tape a Banana to a Wall …

The precedential value of the 'Morford' decision will probably be slim to none.
9 minute read
May 19, 2022 | New York Law Journal

'Gray v. Hudson' Rules on Copyrightability of Musical Elements

The decision articulates the current state of Ninth Circuit law regarding the threshold of protectable originality in music infringement cases, and because so many music cases are brought in the Ninth Circuit the ruling will likely be significant to music litigators nationwide.
9 minute read
March 17, 2022 | New York Law Journal

Comedians' Claims Against Pandora Are No Laughing Matter

In dual lawsuits filed on Feb. 7, 2022, the estates of Robin Williams and George Carlin accuse Pandora Media of willfully infringing the legendary comedians' registered copyrights in their "spoken word compositions"—their standup routines—by streaming the sound recordings that embody those routines without a license for the spoken word works.
8 minute read
January 20, 2022 | New York Law Journal

Supreme Court Hears Argument in 'Unicolors'

In this edition of their Copyright Law column, Robert W. Clarida and Thomas Kjellberg describe some of the major issues the court addressed in oral argument in 'Unicolors v. H&M Hennes & Mauritz'—presently before the U.S. Supreme Court—and will identify some questions that are likely to remain open no matter the outcome.
8 minute read
January 11, 2022 | Connecticut Law Tribune

A Dozen New Partners On Board at Wiggin and Dana, Including 5 Laterals

New partners in Connecticut and New York cover emerging companies and venture capital, health care and international trade compliance, as well as Wiggin's corporate and litigation practices.
5 minute read
Law Journal Press | Digital Book America Invents Act (AIA) Handbook: A Guide to the Patent Law Reform of 2011, The, 2015 Edition Authors: Mary Anthony Merchant View this Book

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November 18, 2021 | New York Law Journal

Pre-1972 Sound Recordings: Has the 'Ball of Confusion' Finally Stopped Rolling?

A Ninth Circuit opinion resolves an eight-year, multi-Circuit class action brought by owners of pre-1972 recordings against satellite radio provider Sirius XM, with plaintiffs asserting—ultimately without success—a right to be paid royalties for defendant's past digital transmissions of their pre-1972 recordings.
7 minute read
October 13, 2021 | New York Law Journal

Ninth Circuit Dispels De Minimis Copying Defense

The court held that the oft-cited concept of de minimis copying is not a separate defense to copyright infringement, but instead is subsumed within the determination of "substantial similarity."
8 minute read
July 21, 2021 | New York Law Journal

U.S. Supreme Court To Clarify Role of Copyright Office in Litigation

In this edition of their Copyright Law column, Robert W. Clarida and Robert J. Bernstein discuss 'Unicolors v. H&M Hennes & Mauritz', in which the Supreme Court will address whether the Ninth Circuit erred in holding "that 17 U.S.C. §411 requires referral to the Copyright Office where there is no indicia of fraud or material error as to the work at issue in the subject copyright registration?" An affirmance could make the Copyright Office a more significant player in copyright infringement litigation, by requiring the Register to weigh in more often on the validity of registrations.
7 minute read
June 07, 2021 | New York Law Journal

New Venture Capital Funding Pool of $10 Billion Created Under Rescue Act

Discretely tucked into the recently signed $1.9 trillion federal Rescue Act of 2021 are amendments to the existing State Small Business Credit Initiative Act of 2010, which have received little public notice.
7 minute read
May 27, 2021 | New York Law Journal

Hagai Zaifman Joins Sidley Austin from White & Case

And other announcements of recent hirings and promotions of New York attorneys.
2 minute read

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