Presidential Inauguration Day
This is something trivial, but important to the daily IP practice. Consistent with 5 U.S.C. §6103(c), which deems “January 20 of each fourth year after 1965, Inauguration Day, is a legal public...
Category: "copyright"
Consolidated Appropriations Act of 2021
On December 27, 2020, the Consolidated Appropriations Act of 2021, the annual defense spending bill, was signed into law. Focused on COVID-19 relief and funding the federal government operations,...
Arguing Takings of IP Rights is, Sadly, a Losing Proposition
The Takings Clause of the Fifth Amendment states that private property “shall not be taken for public use, without just compensation.” Intellectual property rights – patents, trademarks, copyrights,...
Collecting Royalties Indicative of Authorship, not Work for Hire
On August 21, 2019, the Court of Appeals for the Second Circuit ruled in an interesting example of what is deemed “work for hire,” as defined by the Copyright Act, 17 U.S.C. §201(b), in Morricone...
Constitution Day
Today is Constitution Day. On this day, September 17, 1787, the U.S. Constitution was signed thirty-nine Founding Fathers, ushering the birth of the United States. Several clauses in the...
SCOTUS Watch: Costs Recovered Limited as Specified in Copyright Act
In the second copyright case decided by the U.S. Supreme Court on March 4, 2019, Rimini Street, Inc. v. Oracle USA, Inc., the high court dealt with the question of whether “full costs” is more than...
SCOTUS Watch: Registration Required Before Infringement Action
On March 4, 2019, the U.S. Supreme Court issued a pair of copyright decisions that will affect copyright owners’ ability to sue and recover in federal court. The first, Fourth Estate Public Benefit...
No Digital First Sale Doctrine, per Second Circuit
Technology has always been a few light years ahead of the law, and when the law catches up, tech usually has moved on to the next big thing. So, because of the glacial pace in which case law does...
Government Shutdown Effect on IP Offices
At midnight on Friday, December 21, 2018, the U.S. government entered a partial shutdown, which means all non-essential federal departments will close operations until funding has been appropriated...
SCOTUS Watch: Supreme Court Grants Certiorari in Copyright Cost Row
On September 27, 2018, the U.S. Supreme Court granted certiorari in Rimini Street, Inc. v. Oracle USA, Inc., in order to resolve a split in the circuits related to prevailing copyright litigant’s...
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