Please disregard. Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco…Continue reading Test Post (by alexis)
Initial Primer: Distinguishing Between Idea and Expression When Determining Substantial Similarity in Copyright Infringement
Want to better understand the elusive distinction between idea and expression when assessing substantial similarity in a copyright litigation matter? Take a look at the first of nine primers I…Continue reading Initial Primer: Distinguishing Between Idea and Expression When Determining Substantial Similarity in Copyright Infringement
Does Embedding/Framing Violate the Display Right?
Whether embedding or framing violate the display right in §106(5) of the Copyright Act continues to divide the courts. The Ninth Circuit’s server test has been rejected by Brietbart and other district court cases and Instagram will no longer grants sublicenses to users who seek to embed content posted on its site. Whether internet sites will face liability for embedding going forward is increasingly likely. …Continue reading Does Embedding/Framing Violate the Display Right?
Idea/Expression Distinction in Determining Substantial Similarity in Copyright Litigation
For the past 4 years I have been teaching a copyright litigation seminar at Cornell Law. Rather than use a textbook I wrote my own. I prepared nine primers dealing with key issues in copyright litigation. The primers are not exhaustive but are instead designed to introduce a copyright topic as simply as possible. I will be posting all nine under a tab […]…Continue reading Idea/Expression Distinction in Determining Substantial Similarity in Copyright Litigation
Ten License Agreement Considerations
Will Be Updating LawLine Course on Protecting IP from New Forms of Online Infringements
On September 17, 2012, I along with my colleague Don Prutzman presented a program at the firm entitled How to Protect Your Intellectual Property from New Forms of Online Infringements and Brand Attacks. A lot has happened in the past three years in this area; new forms of infringement have appeared as well as new ways to respond to them. Therefore Don and I will be updating this program next month for posting on Lawline. Stay tuned….Continue reading Will Be Updating LawLine Course on Protecting IP from New Forms of Online Infringements
Guest Blog Post by Michael Einhorn: Establishing Indirect Lost Profits Resulting from Copyright Infringement
Introduction by Andrew Berger I am pleased to introduce Michael Einhorn to IP In BRIEF. Michael A. Einhorn, Ph.D. is an economic consultant and expert witness in…Continue reading Guest Blog Post by Michael Einhorn: Establishing Indirect Lost Profits Resulting from Copyright Infringement
Will Moderate a Panel Dealing with Misuse of Social Media at Trial
I will moderate a panel entitled “Avoiding the Googling Mistrial: Dos and Don’ts When Preparing for Trial in the Age of Social Media” at the Litigation Counsel of America’s…Continue reading Will Moderate a Panel Dealing with Misuse of Social Media at Trial
Proving and Disproving Trade Secret Claims
Dennis Murrell and Robert Theuerkauf from Middleton Reutlinger in Louisville explained how to prove and defend against trade secret claims at the IPI’s Ocean Reef winter conference. Here is a summary of their excellent presentation. …Continue reading Proving and Disproving Trade Secret Claims
Proving Damages at Trial in Copyright Litigation
David Leichtman from Robins Kaplan in NY gave us an excellent presentation on proving damages at trial in copyright litigation at the Intellectual Property Institue’s Ocean Reef winter conference. Here is my summary of his talk along with links to some of the cases he mentioned and his PowerPoint….Continue reading Proving Damages at Trial in Copyright Litigation