Will the New Administration Spell New Hope for Protecting Native American Cultural Property?

There are many reasons for Native Americans, and especially Native American women, to rejoice at the nomination of Rep. Deb Haaland (D.- N.M.) to serve as Secretary of the Interior. Rep. Haaland, an enrolled member of the Pueblo of Laguna, who also has Jemez Pueblo heritage, is one of the first Native American women to […]

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December 2020 Intellectual Property Legislation Overview

The 5,593-page coronavirus relief and government spending bill passed by Congress without much discussion in the final days of 2020 contains several pieces of intellectual property legislation worth noting. The Trademark Modernization Act of 2020 The Trademark Modernization Act of 2020 “amends the Trademark Act of 1946 to provide for third-party submission of evidence relating […]

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A Primer on Digital Rights Management

Have you or a loved one lost a beloved e-book in the past year? If so, you may be entitled to compensation. In July 2019, Microsoft began deleting its repository of e-books and halted sales from its e-library, thereby eliminating any downloads on all of its customers’ electronic devices. The purpose was to prevent tech-savvy […]

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What’s in a Rename: Public Spaces

Earlier this year we wrote about the issues surrounding name changes in the public and private education space as well as the rebranding of the Washington Football Team. The push toward such changes has continued as we head into 2021, warranting an update. Although this blog focuses on naming in public spaces, it is also worth […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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Notes and Votes: Use of Copyrighted Music at Live Political Events

As the fireworks lit the sky over the White House during the Republican National Convention in August, some songs traditionally associated with conservative politics accompanied the fanfare, including “God Bless the USA” and “You’re a Grand Old Flag.” However, one particularly interesting choice was the late Leonard Cohen’s “Hallelujah,” as performed by singer-songwriter Tori Kelly. […]

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