Embedding Copyrighted Images

You have had a rough day. After having your car towed, you dropped a bag of groceries, shattering a jar of mayonnaise. Dejected, you collapse onto the couch and scroll your Instagram feed for some needed distractions. When you discover an image of a football player getting tackled by two separate linebackers simultaneously, the schadenfreude […]


Internet Archive’s Open Library and Copyright Law: Second Addendum

This post is an update. Read the original post here and the first addendum here. In May and June of this year, we wrote about the copyright dispute between the Internet Archive and four major publishing companies — Hachette Book Group Inc., HarperCollins Publishers LLC, John Wiley & Sons Inc. and Penguin Random House LLC (the […]


USPTO Issues Guidance on Trademark Registration of “Generic.com” Terms

On October 28, 2020, the United States Patent and Trademark Office (“USPTO”) issued a new Examination Guide detailing procedures for reviewing trademark applications for “generic.com” terms. The USPTO offered this guidance in response to the Supreme Court’s decision in United States Patent and Trademark Office v. Booking.com B.V. We discussed this case in two previous […]


Words of Caution for Content Creators: Limitations on the Copyright Termination Right

Carolyn Wimbly Martin and Meagan Glynn

Under the Copyright Act, creators of copyrighted works may terminate prior transfers of their copyrights to third parties regardless of any conflicting contract terms. Recognizing the limited bargaining power creators hold when originally agreeing to these transfers, especially when dealing with large corporate rightsholders, Congress created this right in an effort to level the playing […]


Raising the Bar for Internet Privacy: California’s Proposition 24

Carolyn Wimbly Martin and Nick Feldstern

On November 3, Californians voted in favor of Proposition 24, the California Privacy Rights and Enforcement Act of 2020 (CPRA), which would expand the privacy protections enacted under the 2018 legislation, the California Consumer Privacy Act (CCPA). Like its progenitor, Proposition 24 is limited in scope to California businesses and consumers but will likely dictate […]