Insights

Andy Warhol Decision Spells Stronger Rights for Photographers Fighting Infringers

The March 26, 2021 decision of the U.S. Court of Appeals for the Second Circuit in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, Case No. 19-2420 (2d Cir. 2021) should strengthen the arguments of photographers fighting infringements of their works by narrowing the scope of the fair use defense that can be […]

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Pandemic Silver Lining? Attention and Resources for the Preservation of Dying Languages

Language, along with the storytelling and traditional knowledge for which it is the vehicle, reflects the ways in which indigenous populations look at their worlds. As stated by United Nations Secretary-General António Guterres, almost half of the world’s estimated 6,700 languages, which are mostly indigenous, risk extinction and “[w]ith every language that disappears, the world […]

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Curtailing Bias in Facial Recognition Technology

Carolyn Wimbly Martin and Kavya Rallabhandi

In the wake of injustice, you take to the streets with your peers and allies to exercise your constitutionally protected rights to free speech and protest. While marching, an argument breaks out nearby, and due to the heightened presence of law enforcement, you decide to head back home. The next morning, more than 50 police […]

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U.S. Copyright Office Final Rule – Recording Notices of Termination

Carolyn Wimbly Martin and Kavya Rallabhandi

The multi-year modernization initiative of the U.S. Copyright Office (“Office”) includes updating rules and practices for recording notices of termination to improve the efficiency while also easing authors’ burden of complying with the complex statutory and regulatory formalities required to reclaim ownership of their works. The Office launched an online electronic system pilot program in […]

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Protecting Privacy: A Nonprofit’s Guide to Data Privacy Breaches

Carolyn Wimbly Martin and Kavya Rallabhandi

Picture yourself waking up on a Saturday morning to the smell of coffee and breakfast. As you tumble downstairs to pour yourself a cup, you notice a pile of mail on the kitchen counter and start rifling through. One envelope in particular, labeled CONFIDENTIAL in all capital letters, catches your eye. As you read the […]

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Lord Ram’s Victory in the Babri Mosque Case and the Concept of Juridical Persons

While protests by farmers have been the focus of news reporting from India over the last months, a less reported story is also worthy of attention. Last month construction was begun on a mosque that has been the subject of an extended battle in the Indian courts. A little discussed aspect of that case is that […]

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Facial Recognition and the 2021 California Bar Exam

Imagine you are an African American woman with an undergraduate degree from Princeton University and a law degree from Harvard Law School. You passed the Illinois bar exam and have embarked on a promising career at a prestigious “Big Law” firm in Chicago. However, a very talented summer associate is working at the firm and there […]

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The Party of Trump: Trump Branding and the Trademark Office

Former President Donald J. Trump and his children are no strangers to branding the family name for profit. In his post-presidential days, the value of the Trump name remains to be seen, but he has wasted no time testing the waters with political branding. It has been widely anticipated that Trump will launch his own […]

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One at a Time: What is Controlled Digital Lending?

On June 1, 2020, various publishing companies filed a lawsuit against the Internet Archive’s “Open Library” and National Emergency Library projects, alleging that the organization willfully engaged in digital piracy while collecting significant revenue from libraries that paid for their scanning services. Hachette Book Group, Inc. et al v. Internet Archive et al., Case Number […]

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