Patent Trolls: A Primer (Part 1)
It’s More Complex Than You Might Think With several bills pending in Congress and executive action by the current presidential administration, with the accompanying rhetoric, you just might start to wonder about—or maybe have already formed an opinion on—“patent...
Transform my Hart: Publicity Rights in Expressive Material
Divided Third Circuit Reverses in EA v. Hart Way back in September 2011, I blogged about Hart v. EA, mostly as an introduction to publicity rights. Hart was a former NCAA quarterback (and former teammate of Ray Rice at Rutgers) whose image (like many other former NCAA...
Is Nimmer & Menell’s "Lost Ark" of Copyright Just a Prop?
Spoiler: Yes. So, I'm talking about this article of mine that was kindly published by the Vanderbilt Journal of Entertainment and Technology Law ("JETLaw"). See part I here. The issue has to do with one of copyright law's "exclusive rights"—i.e., things only the...
Is Nimmer & Menell’s “Lost Ark” of Copyright Just a Prop?
Spoiler: Yes. So, I'm talking about this article of mine that was kindly published by the Vanderbilt Journal of Entertainment and Technology Law ("JETLaw"). See part I here. The issue has to do with one of copyright law's "exclusive rights"—i.e., things only the...
Is Nimmer & Menell's "Lost Ark" of Copyright Just a Prop?
Spoiler: Yes. So, I'm talking about this article of mine that was kindly published by the Vanderbilt Journal of Entertainment and Technology Law ("JETLaw"). See part I here. The issue has to do with one of copyright law's "exclusive rights"—i.e., things only the...
In Dark Knight Rises Trademark Case, Judge Works from Clean Slate
Fake Website Selling Fake Software Doesn't Infringe Real Trademark I'm taking a short break from the posts about my all-important, earth-shattering article because this legal opinion is too awesome not to. Read it here (Fortres Grand v. Warner Bros.). It involves:...
Checking the Sources: Why I Questioned Nimmer on Copyright
Practitioner's POV: Treatises Must Be Reliable So, I'm very grateful to the Vanderbilt Journal of Entertainment and Technology Law ("JETLaw")* for publishing my article on Nimmer on Copyright's about-face on the "making available" theory of the distribution right**....
Rick's Article, "Will Prof. Nimmer's Change of Heart Matter?" Published in JETLaw
The Vanderbilt School of Law's Journal of Entertainment and Technology Law ("JETLaw" to the cognoscenti) has just published Rick's article, "Will Professor Nimmer's Change of Heart Matter?" The article deals with a complete reversal of position in the leading and most...
Is it Fair Use? (Appellate Edition): Transformers in the Art Gallery
Parody ≠ Transformative Use I know you've been playing Is it Fair Use? the fast-paced, brain-teasing game that's sweeping the nation. That means you've already played the very first installment, which involved an "appropriation artist," some photographs of...
Who Needs Guidance from Above? District Court Finds its Own Way in Viacom v. YouTube
But Is the Trail Worth Following? Well, that wasn't so hard. As has been chronicled in this blog (here and especially here), the district court in the Viacom v. YouTube case had originally granted summary judgment to YouTube, but the Second Circuit decided that the...
Shoot that Poison Aereo to My Heart! How a Copyright Decision Can Be So Wrong (Yet So Right)
Free-Riding on a Dream By coincidence, the SDNY's rejection of ReDigi's business model happened at almost the same time as the Second Circuit's seeming affirmation of Aereo's business model. This coincidence led to a certain amount of bewilderment. How could one court...
Hear Rick’s Mellifluous Voice on Planet Money Episode on Digital Economy
No, really, he sounds pretty good: Planet Money Episode 449: The Hidden Digital Wealth in Your Pocket. (If you have no patience at all and can't wait to hear Rick's mellifluous voice, his on-air quote starts around the 4:40 mark. But you really should listen the whole...
