Clark v Transportation Alternatives Dockless Bikes Answer
FAIR USE! Read the opinion here. Read the set-up here. Factor by factor, the court reasoned: Transportation Alternatives’ use of the photograph was transformative, even though the purpose was to criticize the New York Post article, and the Post‘s use of the...
Is It Fair Use? Dockless Bike Edition
What Happens When the Way Your Licensee Used Your Work Comes in for Criticism? On August 6, 2018, the New York Post published this article, “Dockless Bikes Are Already Clogging NYC Sidewalks.” The journalists reported that, of 100 dockless bikes placed in a certain...
Tennessee Supreme Court Broadens the Fair Report Privilege and Limits Exception to the Shield Law
Yesterday, the Tennessee Supreme Court issued its ruling in the Funk v. Scripps Media case involving the fair report privilege and Tennessee's statutory Shield Law. In a victory for speech advocates and the media, the Court held that the fair report privilege cannot...
The Barstool Sports-Miel Bredouw Fracas: Poor, Poor Little Misunderstood DMCA
A New Kind of DMCA Abuse? Or Just Things Working as They Should? Earlier this week, a spotlight was shined on a fairly obscure part of the Digital Millennium Copyright Act (DMCA). It involved a comedian, a funny video she made, a song called (I’m assured) “Slob on My...
Supreme Court Settles the Question – Copyrights Must be Registered Before a Lawsuit Can Be Brought
Back in the eighties, the United States entered into the Berne Convention, a widely adopted international treaty to do away with a lot of the weird formalities that used to exist around copyright protection. Those formalities made it really easy for a content owner to...
The Software Startup and the Very Big Very Important Customer: A Cautionary Tale
To wrap up this short series about the dangers of written integrated contracts—see here about contracts meaning what they say, and here about “quantum contracts”—I’d like to put the lessons into a hypothetical that might feel a little familiar to you. Once Upon a Time...
Beware the Quantum Contract: Ambiguity in a Crucial Term of a Software License
Assume Contracts Mean What They Say—But Only if You Can Tell What They’re Saying Last time, I warned about the dangers of “integrated” contracts, how they will sometimes vary from your expectation of what you agreed to, and how you’re in trouble when you try enforce...
Assume Contracts Mean What They Say
And if You Didn't Get a Provision Put into a Written Contract, Don't Assume it's Enforceably "There" At the IP Breakdown, we blog about trademarks, copyrights, patents, trade secrets, privacy, the Stored Communication Act, and other stuff like that, because “IP” is in...
This Vynamic Case Is a Good Introduction to the Law of Trademark Infringement
The Tao of Trademark, Man The judge in Vynamic, LLC v. Diebold Nixdorf, Inc., starts his opinion with a little trademark zen: Just how similar is “VYNAMIC” to “VYNAMIC”? That is the question posed in this trademark infringement case. It might surprise you to learn...
ReDigi and Aereo: Looking Under the Technological Hood
Is Copyright Law a "Turnkey" Solution? The ReDigi dispute has been going on since 2011. If you don’t believe me, you can read my blogs about it dating to then. I wrote an explainer last time about the Second Circuit’s recent decision against ReDigi’s marketplace for...
Explainer About ReDigi: If You Own It, Can You Sell It?
This is an explainer of a decision you may have heard people talking about: Capitol Records v. ReDigi, Inc. Can you re-sell digital content you’ve legally acquired over the internet? The Problem: How Can You Re-Sell Your Digital Content? I’ve been blogging about the...
A Tangle of Intellectual Property Rights Bind Adversaries More Closely Than They'd Like
Footnotes
| ↑1 | “Oh what a tangled we weave/ When first we practise to deceive!” isn’t Shakespeare. |
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