Keep Alert, which had been engaged in brand monitoring, published a study (here) of decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP) in 2011. The study…Continue reading Almost Everything You Wanted to Know About Cybersquatting Decisions under the UDRP in 2011
Introduction by Andrew Berger I am pleased to post an article by Weston Anson on IP valuation. Wes is Chairman of CONSOR®, a leading intellectual asset consulting firm specializing…Continue reading Guest Post: Want to Value Your Intellectual Property? Here Are Three Approaches
I want to encourage all who are able to attend an day-long program in Chicago next Friday June 8 sponsored by the ABA Litigation Section, IP Litigation Committee entitled Hot…Continue reading Coming Up: Hot Topics In Intellectual Property Litigation, 2nd Annual IP Litigation CLE Program
For a helpful and clear summary of the law regarding statutory damages in copyright litigation take a look at the very recent article by R. Buck McKinney published in the latest edition…Continue reading Very Recent Useful Article About Statutory Damages in Copyright Litigation
17 U.S.C. § 504 (c)(1) provides for only one award of statutory damages for multiple infringements of one “work.” But many copyright holders do not realize that not all their…Continue reading When Does a Copyrighted Work Qualify as a “Work” for Purposes of Fixing Statutory Damages?
Random House has now apparently reversed course with respect to electronic rights to William Styron’s earlier works. A decade ago Random House claimed it had ebook rights to those works….Continue reading Random House Allows William Styron’s Estate to Publish Electronically
Published in New York State Bar Entertainment, Arts and Sports Law Journal, Spring 2010; for a published copy, go to link. Predicting a fair use outcome in copyright litigation is…Continue reading Is This Legal Alchemy? When A Copy of Another’s Work May Become Transformative For Fair Use Purposes
New uses of old works are everywhere. Our cell phone wallpaper may be a wonderful family photo taken years ago. An ebook lets us read and bookmark a favorite novel….Continue reading New Uses of Old Works: When May a Licensee Exploit Previously Licensed Content without the Consent of the Copyright Owner?
The Second Circuit in Bryant v. Media Right Production, Inc. on April 27 , 2010, further clarified the one-work limitation in copyright litigation set forth in the last sentence of…Continue reading Bryant v. Media Rights: The Second Circuit Provides Some Further Answers About the “One-Work Limitation” on Grants of Statutory Damages Involving an Infringing Compilation
Statutory damages in copyright litigation can be a trap for the unwary. In Part I of the post on statutory damages, I focused on two common misconceptions about statutory damages….Continue reading Here Are Some More Answers to End the Confusion about Statutory Damages in Copyright Litigation (Part II)