Interviews and Copyright

Arnold P. Lutzker and Sara Etemad-Moghadam

An interview is a conversation between two or more individuals, where the interviewer asks a series of questions to which the interviewee responds, and both parties make comments. Problems with interview ownership can occur when the person being interviewed believes the interviewer has used their responses to mislead or portray them in a negative light […]

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Copyright and the Sale of Teaching Materials Online

Update: On March 2, 2023 TPT was acquired by IXL Learning, a developer of personalized learning programs used by millions of students around the world. Niche platforms like TPT (formerly known as Teachers Pay Teachers), an online marketplace for PreK-12 teachers to share and sell educational materials, have become important resources for the educational community […]

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Website Compliance and the Americans with Disabilities Act

Carolyn Wimbly Martin and Sara Etemad-Moghadam

Despite the flood of lawsuits alleging website violations of Title III of the Americans with Disabilities Act (42 U.S.C. § 12182(a), the “ADA”), the federal government has not yet promulgated accessibility regulations for websites. Although the Department of Justice (“DOJ”) published guidance on website accessibility in March 2022, it is still unclear what companies need to do […]

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Flora-Bama and Floribama: First Amendment Often Outweighs Trademark Concerns in Titles of Artistic Works

The Flora-Bama Lounge, Package and Oyster Bar (the “Lounge”) on the Florida-Alabama border is often rated as one of the best beach bars in the country. Throughout its colorful and storied history it has played host to many athletic and entertainment events. It plays an outsized role in the culture of this part of the […]

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Copyright and Photography: Russian Doll Copyright Infringement

Carolyn Wimbly Martin and Charlotte Cuccia

This post is the fourth in a series on Copyright and Photography. Read the first post here, the second post here, the third post here, the fifth post here and the sixth post here. What is Russian Doll Copyright Infringement? Russian doll copyright infringement is a term applied to a situation where one copyrighted work […]

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Check Your List Twice Before Gifting a DNA Testing Kit This Holiday Season

Carolyn Wimbly Martin and Punita Patel

As the holidays approach, many may be considering gifting their loved ones DNA testing kits. However, we encourage you to learn more about the risk to you and your family’s data privacy when placing DNA gifts underneath the tree. These direct-to-consumer (DTC) genetic testing companies make promises about how your “privacy comes first,” but in […]

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Andy Warhol and Photographers Take Their Case to the Supreme Court: Third Addendum

This post is an update. Read the original post here, the first addendum here, and the second addendum here. At the beginning of his oral argument before the Supreme Court, Roman Martinez, counsel for the Warhol Foundation, stated: … the stakes for artistic expression in this case are high. A ruling for Goldsmith would strip protection not just […]

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Copyright in AI-Generated Artwork

The copyright status of AI-generated art is in turmoil to say the least. The U.S. Copyright Office has repeatedly refused to register a two-dimensional work by computer scientist Stephen Thaler called “A Recent Entrance to Paradise,” most recently in February 2022 when its Review Board denied a second request for reconsideration by Thaler. In his […]

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EU Court Decision Invalidating Privacy Shield Results in Massive Confusion for U.S. Businesses: Second Addendum

This post is an update. Read the original post here, first addendum here and the third addendum here. On October 7, 2022 President Biden issued an Executive Order strengthening safeguards to U.S. activities involving signals intelligence (that is, intelligence derived from electronic signals and systems). Signals intelligence is at the heart of the controversy surrounding the […]

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Museums and Questions of Donor Morality: The Sackler Case: Addendum

We have written about recent large-scale removal of the Sackler name from museums in the United States and the United Kingdom. These actions followed persistent demands by artists for museums to disassociate the institutions from the owners of Purdue Pharma, the maker of OxyContin, which was blamed for fueling the U.S. opioid epidemic.  The most […]

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