Insights

Apple’s Rollouts of iOS 14.5 and iOS 15 Impact Marketers, App Developers and Small Businesses

Carolyn Wimbly Martin and Margaret Horstman

In April 2020, Apple rolled out an update for its iOS operating system that included new privacy measures (“App Tracking Transparency” or “ATT”) to limit advertisers’ tracking of iPhone users. iPhone users were relieved by their newfound control over which, if any, of their information is tracked. However, this feature has the potential to harm […]

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American Music Fairness Act: Implications for Musicians and Radio Stations

Ethan Barr

When the pandemic upended the music industry, musicians live-streamed on services like Instagram Live, Zoom and Twitch to recoup lost concert revenue. They pivoted from fully equipped record label studios to furnishing their own in-home recording studios. Revenue from studio-recorded music also did not appear to suffer, given the ubiquity of streaming services and other […]

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Fall 2021 Survey of Copyright, Trademark and Privacy Cases of Note Across the Federal Courts

Carolyn Wimbly Martin and Margaret Horstman

On November 8, 2021, the Supreme Court heard oral arguments in the case Unicolors Inc. v. H&M Hennes & Mauritz LP, 2021 U.S. Dist. LEXIS 160223 (Aug. 20, 2021). The Justices were critical of Unicolors due to the company’s inconsistent arguments in its brief and petition for certiorari. Unicolors’ brief addressed what knowledge of application […]

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Supreme Court to Clarify Copyright Act Knowledge and Publication Standards: Unicolors, Inc. v. H&M Hennes & Mauritz, LP

Carolyn Wimbly Martin and Margaret Horstman

On November 8, 2021, the United States Supreme Court will hear a case to determine the scope of 17 U.S.C. §411, which prevents the filing of a lawsuit for copyright infringement without a valid copyright. The Court will also consider the meaning of the Copyright Act’s publication standard, deciding whether separate sales constitute separate publications. […]

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New Proposed Rule for CASE Act

This post is an update. Read the original post here. In August we wrote about the Copyright Alternative in Small-Claims Enforcement Act of 2020 (the “CASE Act”) and the initial steps taken by the Copyright Office to develop procedures for the new Copyright Claims Board (“CCB”), as well as open questions surrounding its constitutionality and feasibility. The Copyright […]

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Marvel Lawsuits: Is It Time for a Review of Copyright Termination Rights and the Work for Hire Test?

A more technical version of this Insight, geared to practitioners, was published by Law360. On Friday, September 24, 2021, the comic book publisher Marvel initiated five lawsuits in federal courts, attempting to invalidate copyright termination notices sent by a former writer and the estates of several former artists. The copyrights in question included some of […]

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DMCA Takedown Notices: A Valuable Tool for Copyright Holders, Yet Subject to Abuse

Carolyn Wimbly Martin and Margaret Horstman

Under the Digital Millennium Copyright Act (DMCA), internet service providers (ISPs) are protected from liability for the copyright infringements of their users if they adopt certain measures to identify and protect copyrighted works and implement a policy for handling infringers. ISPs cannot have knowledge of specific and identifiable instances of infringement, nor can they be […]

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Preserving Cultural Heritage: Some Bright Spots Amidst the Losses

Our prior insights about cultural heritage have dealt with irreparable losses and the limitations of using traditional intellectual property law to preserve intangible cultural assets. We have also focused on the controversies that arise when IP law and traditional values collide. For example, the 50th anniversary in July 2021 of the creation of the Australian […]

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Big Business is Watching: Employee Tracking in the Workplace

Carolyn Wimbly Martin and Robert Piper

Rapid advances in technology have enabled employers to track employees with greater granularity and detail than ever before. At Amazon, roughly one in ten firings is due to a “low productivity score” as determined by a computer program. This algorithm tracks an employee’s “time off task,” or the amount of time a worker spends away […]

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Andy Warhol Decision Spells Stronger Rights for Photographers Fighting Infringers: Addendum

This post is an update. Read the original post here.  In April we wrote about the decision of the U.S. Court of Appeals for the Second Circuit in The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 992 F.3d 99 (2d Cir. 2021). That decision concerned a series of silkscreen prints and pencil illustrations of singer […]

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