Archives: Copyright

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U.S. Commerce Department Releases Updated Report Showing Intellectual Property-Intensive Industries Contribute $6.6 Trillion and 45.5 Million Jobs to U.S. Economy

Digital arrow and circuit boardThe U.S. Commerce Department recently released a comprehensive report, entitled “Intellectual Property and the U.S. Economy: 2016 Update” (the “Report”). The Report, which was co-authored by the Economics & Statistics Administration and the United States Patent and Trademark Office, builds upon an earlier 2012 report, finding that “IP-intensive industries continue to be a major, integral … Continue Reading

Steps Professional Services Firms Can Take to Protect a House Mark

Professional service firms at times seem to focus on protecting the names of their service offerings or platforms at the expense of their house marks. Pat Concannon, a partner in Nutter’s Intellectual Property and Business Departments, with over 20 years of experience devoted to helping businesses establish and protect their brands, analyzes why professional service … Continue Reading

Medical Device Classes Included in Newly-Released DMCA Exemptions

The Digital Millennium Copyright Act (DMCA) makes it illegal to circumvent technological measures used to prevent unauthorized access to copyrighted works.  Certain activities and classes of works, however, are exempted from this prohibition.  The exempted classes of works are determined by the U.S. Copyright Office every three years and remain in effect for the ensuing … Continue Reading

Nutter quoted by Yahoo! News on Twitter’s football video removals under DMCA

David Powsner, a partner in Nutter’s Intellectual Property Department, was quoted by Yahoo! Finance in “Twitter’s football video removals raise questions for all media” on October 13. The article highlights recent actions taken by two firms that specialize in policing copyrights online under the Digital Millennium Copyright Act (DMCA). The firms told Twitter to take … Continue Reading

Podcast: Fair Use Diligence Precondition for DMCA Takedown Notices

Dave Powsner and Pat Concannon discuss the recent decision by the U.S. Court of Appeals for the Ninth Circuit in Lenz v. Universal Music Corp. and the implications for owners of music and audiovisual works. The court ruled that copyright owners first must assess whether a use of their content is in fact lawful “fair … Continue Reading

Ninth Circuit: Fair Use Diligence is Precondition to DMCA Takedowns

The U.S. Court of Appeals for the Ninth Circuit this week issued a decision with implications for owners of music and audiovisual works. The court ruled that copyright owners first must assess whether a use of their content is in fact lawful “fair use” before sending a takedown notification under the Digital Millennium Copyright Act … Continue Reading

The Significance of Copyright Registration

Prior to March 2, 2010, the law was well settled that in order to enforce a copyright in court, the party bringing the claim must have a registration. Copyright standing is governed by Section 411(a) of the Copyright Act of 1976, which states that “no civil action for infringement of the copyright in any United States … Continue Reading

The Evolution of Copyright Law in the Digital Age—Google Books Project Deemed Fair Use

In November 2013, a federal judge in the Southern District of New York dismissed a lawsuit against Google, Inc., finding that Google’s copying of print works in connection with its Google Books project represents fair use under 17 U.S.C. § 107. The Google Books project includes two main programs: a “partner” program, in which Google … Continue Reading

Is “Out of Print” Out of Date?

Like everything else related to copyright in The Digital Millennium—which, let’s face it, we should start calling The Digital Eternity—the publishing concept of “out of print” (OOP) has been turned inside out (or maybe upside down, it is hard to say, maybe both). There was a time when an author signed up with a publisher, … Continue Reading

Supreme Court Establishes International Copyright Exhaustion

The recent Supreme Court decision in Kirtsaeng v. John Wiley & Sons represents a significant victory for college students in their struggle with media companies over copyrighted media. In a 6-3 decision, the Supreme Court assented to college student Supap Kirtsaeng’s resale of textbooks in the United States that were bought in Thailand at low cost, … Continue Reading

Supreme Court Decision Restores Copyright to Works Previously in the Public Domain

In Golan v. Holder (No. 10-545, January 18, 2012), the U.S. Supreme Court upheld § 514 of the Uruguay Round Agreements Act (URAA) which restored copyright protection to certain works of foreign authors that had previously been in the public domain. Users of foreign copyrighted works first published abroad between 1923 and 1989 will need … Continue Reading

The ABCs of Licensing Intellectual Property

Intellectual property rights broadly encompass patents, trade secrets, know-how, proprietary data, registered designs, copyrights and trademarks, among other things. Most often, such rights originate with a commercial entity and the owner retains the rights throughout their lifetimes as legal leverage against competitors. However, there are times when an owner of intellectual property (IP) may want … Continue Reading