Copyright and Photography: An Overview of Ongoing Cases

Carolyn Wimbly Martin and Charlotte Cuccia

This is the first Insight in a series addressing how photographers can exploit and protect their rights. The 2021 Google v. Oracle decision was viewed by many as blurring the line between transformative use of a copyrighted work and the author’s right to make a derivative work. This conflation was highlighted by the dissent, which argued […]

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2022 Brings New Requirements Via ID.me for Filing Trademark Applications with the United States Patent and Trademark Office: Fourth Addendum

This post is an update. Read the original post here, the first addendum here, the second addendum here and the third addendum here. Throughout 2022 we have reported on the plans of the United States Patent and Trademark Office (“USPTO”) to require filers’ biometric data collected through a private firm, ID.me, and its subsequent postponement of the initial […]

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A Joint Study by the USPTO and the Copyright Office on NFTs and Intellectual Property

At the request of Senators Patrick Leahy, D-Vt., and Thom Tillis, R-N.C., two members of the Senate’s intellectual property subcommittee, the U.S. Patent and Trademark Office (“USPTO”) and the Copyright Office have announced that they are launching a joint study of NFTs and their impact on intellectual property rights. The Senators’ letter raised several questions […]

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Museums and Questions of Donor Morality: The Sackler Case

In an earlier Insight, we discussed the issue of renaming by public and private educational institutions in situations where naming honors previously bestowed are now considered inconsistent with the institution’s goals of diversity, inclusion and other questions of morality. We have explored the renaming of public spaces for similar reasons. We have also noted that denaming and […]

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Stamping Out Uyghur Culture: The Winter Olympics Shine a Light on Misappropriation of Traditions — Addendum

We have previously written about the Uyghur Forced Labor Prevention Act (UFLPA) in the context of the Chinese government’s systematic persecution of this primarily Muslim ethnic minority living in the Xinjiang Uyghur Autonomous region (XUAR) region in northwestern China, including its misappropriation of Uyghur cultural heritage. As part of the U.S. effort to combat these […]

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