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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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Free the Australian Aboriginal Flag: What Are the Limits of Implied Covenants of Fair Dealing in Copyright Licensing?

A “Free the Flag” campaign is raging in Australia, the latest chapter in a long-simmering controversy over the copyright rights to the Aboriginal flag. The controversy raises issues of fair dealing in copyright licensing. The flag was designed in 1971 by indigenous artist and copyright holder Harold Thomas for a national Indigenous Day. In 1995 […]

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Trump’s TELERALLY Service Mark: Generic or Too Descriptive to Be Registered?

On July 14, 2020, DTTM Operations LLC (“DTTM”), the entity that holds trademarks for President Donald Trump’s for-profit businesses, filed an application with the United States Patent and Trademark Office (“PTO”) seeking the exclusive right to use the term TELERALLY as a service mark for “organizing events in the fields of politics and political campaigning.” […]

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Student Privacy Law During the COVID-19 Pandemic

Carolyn Wimbly Martin and Nick Feldstern

How do schools draw the line between protecting student privacy and informing the community about the spread of COVID-19? When it comes to transparency, many believe schools are not doing enough to prevent spread in the classroom by informing students and parents when a classmate, teacher or other employee tests positive for COVID-19. In response, […]

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Refreshing Your Website: Overlook the Legal Details at Your Peril

Many individuals and businesses are refreshing their websites, as COVID-19 makes our online presence more important than ever. In the process of creating a new look or updating your content, it’s important to consider some often-overlooked legal matters. Content on the Site Be sure you personally or your business own or have permission to use […]

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Get Out of My Space: Drones and Privacy Law

In 1849, the Austrian military sent a fleet of large, unmanned balloons equipped with explosives in an effort to blockade the Republic of Venice. Since these “aircraft” were somewhat autonomous, many believe these balloons to be the first example of unmanned aerial systems (UAS), commonly known today as drones. Throughout the next two centuries, drone […]

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