Constitution Day

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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 Constitution have direct import to intellectual property.  Article I, Section 8, Clause 8 is the Patent and Copyright Clause, which is the basis of U.S. patent …

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SCOTUS Watch: Costs Recovered Limited as Specified in Copyright Act

copyright fees scotus watch trials

In the second copyright case decided by the U.S. Supreme Court on March 4, 2019, Rimini Street, Inc. v. Oracle USA, Inc.,[1] the high court dealt with the question of whether “full costs” is more than the costs set forth in either 28 U.S.C. §1821 or §1920. Both Oracle and Rimini Street are competitors in …

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SCOTUS Watch: Registration Required Before Infringement Action

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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 Corp. v. Wall-Sreet.com, LLC,[1] settles a split in the appellate circuits concerning when a copyright owner may sue for copyright infringement – …

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No Digital First Sale Doctrine, per Second Circuit

copyright first sale doctrine

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 expand, which is an inverse relationship with tech, it sometimes creates problems on the technical aspects …

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Government Shutdown Effect on IP Offices

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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 by Congress.  This includes national parks, NASA, and federal agencies.  Those exempt include airports and the U.S. Postal Service, which will continue normal service through Christmas Eve, …

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SCOTUS Watch: Supreme Court Grants Certiorari in Copyright Cost Row

copyright fees scotus watch

On September 27, 2018, the U.S. Supreme Court granted certiorari in Rimini Street, Inc. v. Oracle USA, Inc.,[1] in order to resolve a split in the circuits related to prevailing copyright litigant’s awarding of “full costs,” and whether that means only taxable costs under 28 U.S.C. §1920 – court and witness fees, copying costs, expert …

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Software Removing Metadata Not Enough Showing to “Conceal or Induce” Copyright Infringement

copyright DMCA technology

Technology is meant to make things easier or improve conditions in society.  However, sometimes technology, in the form of software, can sometimes do errant things that can create issues later.  So is the case with Stevens v. CoreLogic, Inc.,[1] decided by the Court of Appeals for the Ninth Circuit on June 20, 2018.  The Ninth …

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“Au revoir” to California Resale Royalties Act, Says Ninth Circuit

copyright droit de suite first sale doctrine

In what will be a major case to shake up the art world, the nation’s only droit de suite statute has again been eviscerated as a federal appeals court has found the resale royalty right only applies to a narrow timeframe aspect of the statute.  On July 6, 2018, the Court of Appeals for the …

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Second Circuit Will Not Yet Hear Embedded Tweet Appeal

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In a somewhat unsurprising move, the Court of Appeals for the Second Circuit denied an interlocutory appeal (28 U.S.C. §1292) requested by publisher defendants in Heavy, Inc. v. Goldman.[1]  The order can be found here 18-910_goldman-CA2_intapp_dend.  As discussed in an earlier posting on this blog, the district court case, Goldman v. Breitbart News Network, LLC, held …

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SCOTUS Watch: Supreme Court to Hear Case of What “Registration” Means

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On June 28, 2018, the U.S. Supreme Court granted the petition for writ of certiorari in Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC.  The justices took up the case to resolve a split in the circuits surrounding the definition of “registration” within the meaning of 17 U.S.C. §411(a), the copyright infringement statute.  Currently, the …

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