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The State is Still Free to Plunder Your Copyrights: Jim Olive Photography v. University of Houston
As we have covered here before, a state’s sovereign immunity can be an insurmountable barrier to holding any state entity liable for copyright infringement. In Allen v. Cooper, the Supreme Court held that Congress did not validly revoke state sovere...
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U.S. Supreme Court Denies Cert in Three IP Cases
The United States Supreme Court denied certiorari in a widely-publicized right of publicity case and two closely-watched copyright cases during the last week of June. In the publicity case, Hamilton v. Speight, Lenwood Hamilton, who wrestled profess...
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Google v. Oracle and the Future of Copyright in APIs
The Supreme Court has now come out with its decision in the long-running Google v. Oracle case. To take a deeper dive, we’ve invited David O’Neill, CEO of APIMetrics to help us analyze the true impact of the decision. First, some background: Oracle...
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Stimulus Legislation Brings Substantial Changes to Trademark and Copyright Law
Congress tucked major trademark and copyright legislation into the almost 6,000 page COVID-relief stimulus package it passed in the waning days of 2020. Overall, these changes will make it easier for rightsholders to pursue infringement claims going...
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Ninth Circuit Rejects Fair Use Defense in Seuss/Star Trek “Mash-Up” Case; Netflix Settles Sherlock Holmes Case
Big doings in copyright law the week before Christmas! The Congressional approval of a new federal statute providing low-cost, accelerated adjudication of low-value copyright disputes and criminalizing infringing streaming activities will be the subj...
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Ninth Circuit Reaffirms Copyright Estoppel Doctrine
Jersey Boys, the hit musical based on the meteoric career of the rock group The Four Seasons, was the target of a lawsuit brought in 2007 by Donna Corbello, widow of Rex Woodard, who ghost-wrote a biography of Tommy DeVito, founder and lead guitarist...
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