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The DMCA Subpoena Process: An Underutilized Tool for Identifying Anonymous Infringers

Typically, for a copyright owner to identify and pursue an anonymous infringer on the Internet, he or she must initiate a copyright infringement lawsuit against a “John Doe” and use the discovery process to unmask the defendant’s identity. Although commencing a “John Doe” litigation is appropriate in certain circumstances, it can be an expensive and […]

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Choudhury v. Evolation Yoga: Is Copyright Law Flexible Enough to Encompass Yoga Poses?

Ryan Karr

For more than a century, courts have been grappling with the issue of what types of work are eligible for copyright protection. New mediums of expression present challenges to the traditional analyses, and the law continues to evolve on this issue. In the case of Choudhury v. Evolation Yoga[1], the Ninth Circuit Court of Appeals […]

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Lenz v. Universal Music: Don’t Be Hasty In Sending a DMCA Takedown Notice

Ryan Karr

Even though we are nearing two decades since the passage of the Digital Millennium Copyright Act (the “DMCA”), litigation over the interpretation of the DMCA continues to push the envelope of copyright law. In possibly one of the most important decisions interpreting the DMCA, the Ninth Circuit Court of Appeals in Lenz v. Universal Music […]

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No Laughing Matter: The Conan O’Brien Joke-Stealing Dispute

Comedy show host Conan O’Brien has been sued in federal district court in the Southern District of California by comedian Robert Alexander Kaseberg for allegedly stealing four jokes from Kaseberg’s Twitter postings between January and June of this year. (Complaint filed by Kaseberg’s counsel is available here.)[1] According to Kaseberg, O’Brien performed each of the […]

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The Fight for Nike’s “Jumpman”

Nasar Khan

A particularly interesting case was decided last month involving a copyright claim over Nike’s use of Michael Jordan’s iconic “Jumpman” pose. The issue revolved around whether this picture taken by Nike infringed upon this picture that was previously taken by photographer Jacobus Rentmeester. The case was not only noteworthy for its high profile subject matter, […]

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Arnie and Susan Lutzker Attend INBLF Summit in India

Arnie and I had the pleasure of attending the Asian summit of the International Network of Boutique Law Firms in Delhi, India in late February. The host firm, Advaya Legal, spared nothing in providing not only a meaningful program on doing business in India, but a most gracious and jam-packed introduction to Indian culture, including […]

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