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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What’s in a Rename: Changing School, Building and Program Names Within Educational Institutions

Naming schools after individuals dates back to colonial days when Harvard College was named after its first benefactor, John Harvard, in 1635. As we approach nearly 400 years of this tradition, public and private K-12 schools and universities have a wealth of experience upon which to weigh the legal, political and community goals which are […]

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If You Think You Are Insured Against Copyright and Trademark Infringement Claims, Look Again

To the extent businesses worry about the risk of being sued for copyright or trademark infringement in their marketing materials, they may assume that they are protected by their business liability insurance, the same insurance that covers liability for slips and falls and damage to property. However, many business liability policies that include coverage for […]

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“Sharenting”: Precautions and Consequences of Creating a Child’s Digital Footprint

Carolyn Wimbly Martin and Nick Feldstern

A study conducted in 2010 found that 92% of two-year-olds in the United States had an online presence. See Digital Birth: Welcome to the Online World. In the last decade, social media has taken over as a dominant form of social interaction, and, recently, the COVID-19 quarantine has left many even more dependent on Facebook, […]

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“Your Video Was Not Posted”: An Addendum

Professionals in the music industry who rely on live performances of licensed content—particularly DJs—continue to navigate the ongoing COVID-19 pandemic and seek answers regarding the most copyright-friendly live-streaming services. See our earlier blog on this subject.  Twitch, one of those technology companies which serves as a platform for live-streaming video games, had received significant criticism […]

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