You Can Strike a Pose, but Can a Pose Be Striking? Ages ago, I started off my copyright courses with a couple of old but good photography cases, as a way of stretching the students’ minds about what constitutes “copying” and what constitutes “creativity.” The first...
We Don’t Serve Your Kind Here Wow, there have been a lot of really interesting copyright cases in just the last two or three weeks! It’s like being a candy store with money, but you’re full. I’ll try to comment on some of them. Let’s start with the one that really...
Dim Light Shed on Our Understanding of DMCA Repeat-Infringer Requirement This post is about BMG Rights Management v. Cox Communications, a case about which I’ve posted at least four times: here, here, here and indirectly here. Note my evolving take on the...
Does Distributing a Work Under Creative Commons Mean That Your Work Has No Economic Value? A professional photographer finds a political website has used his photographs of celebrities in concert to show that the celebrities agree with the website’s viewpoint....
How Far Should a Publisher Go to Stop Cheating in a Massively Multiplayer Game? How I wish I had time to play computer games. Heck, how I wish my children had time to play them (other than Minecraft, of course, which remains very popular with my younger child),...
How Some Crummy T-Shirts & a College You Probably Never Heard of Might Inform Your Trademark Strategy Let’s say you started your company up several years ago. You called it BLERGLE. Back then, your company was a software development shop. Because you’re you, you...
