Copyright – IP In Brief

The Legal Landscape of NFTs in the U.S.

Reading Time: 12 minutes NFTs have attracted creators, investors and brands fueled by the outsized returns some have enjoyed. But NFTs are a trap for the unwary. Many buyers have no idea of the rights and restrictions associated with their NFTs; there is no federal regulation and much fraud. This post will guide those interested in NFTs through this opaque landscape, outline recent litigations,offer some trademark guidance and raise enforcement concerns. …Continue reading The Legal Landscape of NFTs in the U.S.

It May Be A Cool Warhol But The Supreme Court Will Not Find Orange Prince Transformative

Reading Time: 11 minutes While we wait, we wonder. Will the result by the Supreme Court in Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith (“Warhol”) give copiers the right to turn Darth…Continue reading It May Be A Cool Warhol But The Supreme Court Will Not Find Orange Prince Transformative

Your Guide to Litigating Direct and Secondary Liability Claims in Copyright Litigation

Reading Time: < 1 minute Thinking of starting a copyright litigation? You need to answer a number of questions to assure a successful outcome. The questions include:…Continue reading Your Guide to Litigating Direct and Secondary Liability Claims in Copyright Litigation

Is The End Of Embedding In Sight?

Reading Time: 9 minutes Embedding flourishes on the internet. Social media like YouTube, networking sites such as Twitter, streaming music services, including Spotify and search engines like Google, encourage embedding and offer tools that facilitate this practice. …Continue reading Is The End Of Embedding In Sight?

What’s the Latest on the Statute of Limitations in Copyright Litigation after Petrella, Sohm & Starz

Reading Time: 2 minutes 17 U.S.C. § 507(b), the copyright litigation statute of limitations appears to be deceptively simple. It requires an infringement claim to be “commenced within three years after the claim accrued.”

After ReDigi, Will NFTs Enable A Digital Resale Market

Reading Time: 7 minutes Entrepreneurs have long dreamed of a digital resale market Imagine if music lovers could resell their unwanted digital music downloads with a click of a mouse or if college students…Continue reading After ReDigi, Will NFTs Enable A Digital Resale Market

Guest Blog Post by Michael Einhorn: Establishing Indirect Lost Profits Resulting from Copyright Infringement

Reading Time: 4 minutes 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

Proving Damages at Trial in Copyright Litigation

Reading Time: 5 minutes 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

Oral Argument in the Second Circuit in Aereo Makes Predicting the Outcome Not for the Faint of Heart

Reading Time: 5 minutes The oral argument in WNET et al. v. Aereo before the 2d Circuit panel of Judges Denny Chin and Christopher Droney and Eastern District Judge John Gleeson was long (more…Continue reading Oral Argument in the Second Circuit in Aereo Makes Predicting the Outcome Not for the Faint of Heart

Will Aereo’s Internet Streaming Service Survive Second Circuit Review?

Reading Time: 6 minutes Innovation breeds copyright litigation. The scenario is often the same. The copyright holder whose market share is eroded by the innovative product claims it infringes its statutory-protected rights. The technologist…Continue reading Will Aereo’s Internet Streaming Service Survive Second Circuit Review?