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The Supreme Court Endorses Federal Trademark Registration of “Booking.com”

On June 30, 2020, the Supreme Court decided United States Patent and Trademark Office v. Booking.com B.V., finding that Booking.com’s company name is entitled to federal trademark protection, even though the generic term “booking” alone is not. This highly anticipated ruling significantly expands the scope of federal trademark protection for domain names. In an 8-1 […]

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“Your Video Was Not Posted”: Copyright Issues and Live Streaming

Her laptop is strategically placed on a countertop, facing her turntables and elaborate light display, both of which took the entire day to set up. She is a professional DJ, so she is accustomed to enlisting the help of several technicians and preparing in an established venue, rather than her living room via a social […]

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Destruction of Australian Indigenous Rock Art and the Concept of Place-Based IP: Another Casualty of COVID-19

Legislation to enact a new Aboriginal Cultural Heritage Act to replace existing law in Western Australia was under consideration when COVID-19 brought the process to a halt. The legislation would replace the 1972 Aboriginal Heritage Act, widely acknowledged as having been watered down to the point where it offers little protection to indigenous sites. After […]

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What’s Wrong with This Picture: Using Copyrighted Photos Online

Barb, a vegetarian nutritionist with a blog, decides she wants a photo of sprawling farmland at the header of her most recent post. Searching Google Images, she finds such a photo of an organic peanut farm, albeit with a group of hardworking nut harvesters at the bottom of the photograph. Seemingly innocuously, she saves the […]

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Copyright Office Proposes Rules to Modernize Recordation of Termination Notices

On June 3, 2020, the U.S. Copyright Office (“Office”) issued a notice of proposed rulemaking and a notice of inquiry to request public comment concerning efforts to modernize the recordation of termination notices. Copyright owners should be aware of these potential changes as they are likely to ameliorate the burdens they face when attempting to […]

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Social Media and Political Speech: The President’s Executive Order

The debate over social media’s role in moderating user content, specifically political speech, heated up last month when Twitter started added fact checking and warning labels for the first time to a number of President Trump’s tweets. Traditionally, social media giants like Twitter and Facebook remain neutral, only intervening, and moderating user content when it […]

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Internet Archive’s Open Library and Copyright Law: Addendum

Carolyn Wimbly Martin and Nick Feldstern

As the COVID-19 crisis continues, royalty-free access to digital content remains a concern for academics at all levels of research and instruction. The Internet Archive copyright dispute, however, came to a head this month when Hachette Book Group Inc., HarperCollins Publishers LLC, John Wiley & Sons Inc. and Penguin Random House LLC filed a copyright […]

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Summer Camp IP and Other Policies Require Revisions with Move to Online Space

Summer camps this year will overwhelmingly be virtual. In this new world, camp administrators cannot simply reuse the legal agreements and releases, privacy policies, codes of conduct and copyright policies they have been using for in-person camps. Each of these elements, together with the camp’s insurance coverage, forms part of an overall risk management program […]

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Music Modernization Act: A Guide for Copyright Owners

This is the third in a series of articles about the Music Modernization Act (“MMA”). Click here for the first and second. In this post, we highlight the benefits of the MMA for all parties involved in creating a musical work or sound recording. Although the MMA centralizes information and royalties with the Music Licensing […]

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Music Modernization Act: A Guide for Digital Music Providers

This is the second in a series of articles about the Music Modernization Act (“MMA”). Click here for the first and third. Here, we examine the protocol for prospective blanket licensees and individual voluntary licensees. Although radio stations and cable operations have dealt with similar licensing schemes for years, the MMA will significantly alter the […]

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