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Art Law: Art Dealers in Uproar Over Nazi-Looted Schiele Case
Published on 2012-05-14 09:28:00
Art dealers are in an uproar over Bakalar v. Vavra, a case involving a work by Egon Schiele that was stolen from Viennese cabaret performer > read more
Art Law - How To Avoid Forgeries When Buying Fine Art
Published on 2012-03-03 12:37:00
Please check out Paul Sullivan’s column Wealth Matters titled How to Avoid Forgeries When Buying Fine Art in today’s New York Times, link below: http://www.nytimes.com/2012/03/03/your-money/is-that-a-real-motherwell-better-make-sure-before-buying.html?_r=2&pagewanted=all For those with an interest in art law, I will be speaking at a panel on March 9 at The Armory Show 2012. Christie’sFine Art Storage Services (CFASS) presents The Complexities Surrounding Authentication. With the rece [..] > read more
Hydrofracking Filmmaker Critical of Halliburton Arrested Trying To Protect NYC Drinking Water
Published on 2012-02-03 13:53:00
Hyrdrofracking video embedded aboveFilmmaker Josh Fox, creator of Gasland, was arrested while trying to film Congressional hearings on hydrofracking. According to media accounts, Republican lawmakers lawlessly threw him out.Hydrofracking is a toxic, pollutive process graphically illustrated in Gasland used to smash shale to release methane gas. The problem is, methane gas pollutes drinking water - to the point it is so toxic you can't touch it and it will actually catch on fire. Halliburton [..] > read more
Research Works Act - HR 3699 - Stealing From the Public Domain?
Published on 2012-01-24 07:30:00
In the wake of the U.S. Supreme Court's decision in Golan v. Holder last week, bills like the Research Works Act, which is designed to restrict access and limit sharing of scientific data, become more ominous. More on the Research Works Act from Wikipedia here. The full text below.Congressman Darrell Issa and Congresswoman Carolyn Maloney are co-sponsors.Richard Poynder's take here and here. The American Association of Publishers is behind this apparently legislation.112th CONGRESS1st Sessio [..] > read more
Murder, Mystery and Egon Schiele's Dead City February 8 at Jewish Federation of San Antonio
Published on 2012-01-23 14:00:00
Thanks to the Federal Bar Association and the Jewish Federation of San Antonio, I will be speaking at the Jewish Federation of San Antonio on February 8 about Egon Schiele's Dead City and the mystery and litigation that it has spawned since District Attorney Robert Morgenthau seized it in 1998 at the Museum of Modern Art.The MoMA's possession and concealment of artworks stolen from Holocaust survivors has come under fire recently, check out William Cohan's MoMA's Problematic Provenances in Decem [..] > read more
Due Process of Law, First Amendment and Copyright Law: SOPA and PIPA's Effects
Published on 2012-01-23 07:30:00
Great video by TED's Clay Shirky explaining how SOPA and PIPA undermine the First Amendment, creativity, and due process of law. A frightening vision of Americans being transformed back into mindless consuming couch potatoes, with a great concrete example of child creativity being stifled by abusive copyright claims.More on TED (Technology Entertainment Design) hereThanks to Techdirt for pointing this out. www.dunnington.com Purchase Copyright Litigation Handbook 2011 by Raymond J. Dowd from We [..] > read more
New Petition to White House To End ACTA Anti-Counterfeiting Trade Agreement
Published on 2012-01-22 22:10:00
If you thought SOPA and PIPA were bad, they have nothing on ACTA, which hands over copyright law and policy to an unaccountable trade collective.I have posted in the past on ACTA, learn more here and here.Here is the text of a petition to the White House to end ACTA, the link is here if you would like to sign it. https://wwws.whitehouse.gov/petitions#!/petition/end-acta-and-protect-our-right-privacy-internet/MwfSVNBKwe petition the obama administration to:End ACTA and Protect our right to priv [..] > read more
Are SOPA and PIPA Necessary To Shut Down Rogue Websites?
Published on 2012-01-22 12:21:00
Thanks to Anonymous for commenting here on my Megaupload post yesterday and for explaining that one of the rationales for the Stop Online Piracy Act and the Protect IP Act is that this legislation is purportedly necessary because there is allegedly no remedy against rogue websites that operate offshore.I immediately went to Chapter 7 of my Copyright Litigation Handbook and found the Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., 243 F.Supp.2d 1073, 1087 (C.D.Cal.2003) case. As I recalled, [..] > read more
Rogue Website Seizure By Department of Justice and a Bumpy Week in Copyright Law
Published on 2012-01-21 12:30:00
Courtesy Techdirt, a copy of the Megaupload indictment is embedded below. The indictment is against an alleged "rogue website" that allegedly facilitates copyright infringement.Recently Congress has initiated legislation, the Protect-IP Act ("PIPA") and the Stop Online Piracy Act ("SOPA"). These efforts were purportedly aimed at rogue websites. Critics charged that the laws would permit copyright owners to shut down legitimate websites without due process of law, contained problematic securi [..] > read more
Supreme Court Decides Golan v Holder
Published on 2012-01-19 06:39:00
The U.S. Supreme Court decided yesterday that Congress has broad powers to place works in the public domain under copyright. Choice nugget: "Congress can hardly be charged with a design to move stealthily toward a regime of perpetual copyrights."In light of the SOPA/PIPA debacle, that is entirely unclear. Decision below.Golan v Holder www.dunnington.com Purchase Copyright Litigation Handbook 2011 by Raymond J. Dowd from West here Find Ray Dowd at Dunnington Bartholow & Miller LLP Copyrig [..] > read more
Protect-IP Act Senate Whip Count - Open Congress
Published on 2012-01-18 07:55:00
If you'd like to know where your Senator is on the Protect-IP Act and would like to know what their position is, here is a great page created by Open Congress.www.dunnington.com Purchase Copyright Litigation Handbook 2011 by Raymond J. Dowd from West here Find Ray Dowd at Dunnington Bartholow & Miller LLP Copyright Litigation Handbook (West 6th Ed. 2011) by Raymond J. Dowd Purchase on Amazon.com and Westlaw (Directory: COPYLITIG) > read more
Art Law & Beer Event - SDNY Chapter of the Federal Bar Association - January 25
Published on 2012-01-17 07:30:00
Meet zymurgists, discuss copyright law's fair use doctrine, and get all creative over a beer or two. It is time again for the Art Law & Beer program sponsored by the Southern District of New York Chapter of the Federal Bar Association's Younger Lawyers Committee. Learn more about the SDNY Chapter here. Learn more about the January 25 event here. Get serious and join the Federal Bar Association here.www.dunnington.com Purchase Copyright Litigation Handbook 2011 by Raymond J. Dowd from We [..] > read more
Happy Independence Day
Published on 2011-07-04 18:18:00
http://www.dunnington.com/rdowd_bio.html Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here Find Ray Dowd at Dunnington Bartholow & Miller LLP Copyright Litigation Handbook (West 5th Ed. 2010) by Raymond J. Dowd Purchase > read more
Art Litigation: Boston Museum of Fine Arts Extorts Westfeld Heirs in Nazi Art Scandal
Published on 2011-06-29 09:08:00
Rather than freely returning artworks stolen from victims of Nazi persecution, U.S. museums offer heirs less than fair market value, usually under secretive circumstances. This type of systematic extortion has been condemned in many > read more
Second Circuit: Zohan Messes With Jaymes Blonde Crime Fighting Hairdresser A Concept Not Protected By Copyright
Published on 2011-06-28 12:41:00
Jaymes Blonde Messed With by the Zohan In Cabell v. Sony Pictures Ent. Inc., 10-2690-cv (June 24, 2011), the Second Circuit in a summary order affirmed the trial court's grant of summary judgment in a suit for copyright infringment.Aside from th > read more
Art Litigation: June 30 CLE Presentation at Modern Restaurant at MoMA: How Long Do Victims of Nazi Spoliation Have To Get Their Art Back?
Published on 2011-06-22 16:36:00
George Grosz' Portrait of the Poet Max-Hermann NeissePurchased from Charlotte Weidler through Curt ValentinI hope that you can join me in a CLE presentation of Grosz v MoMA at the Modern Restaurant on June 30 (next Thursday) - the flyer is embedded b > read more
Reaping and Sowing Copyrights: Second Circuit Finds "Hot News" Misappropriation Claim Preempted By Copyright Act
Published on 2011-06-21 06:18:00
In Barclay's Capital Inc. v. TheFlyontheWall.com, (10-1372-CV June 20, 2011), the Second Circuit found that publishing brief factual summaries of investment recommendations was not the basis for a misappropriation claim under New York law.The d > read more
The Fashion Business: Counterfeit and Customs Issues - June 24 Webinar
Published on 2011-06-21 05:36:00
From my good friend Olivera Medenica....The Fashion Business: Counterfeit and Customs IssuesJoin us for a Webinar on June 24This webinar will go over how to efficiently address counterfeit products and grey market goods. This webinar will cover topic > read more
Liberty Media Hires New Jersey Attorney to File Copyright Infringement Suit Against A New York Swarm
Published on 2011-06-20 09:41:00
From the docket sheet: U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:11-cv-04100-SAS Liberty Media Holdings, LLC v. New York Members Of Swarm Of November 16, 2010 To January 31, 2011 Sharing Hash File A > read more
Third Circuit: Copyright Infringement - Removing Photographer's Name from Image Violates DMCA
Published on 2011-06-16 08:53:00
In Murphy v. Millenium Radio, 2011 WL 2315128 (3d Cir. June 14, 2011), the Third Circuit is the first court of appeals to reach the question of whether removing an author's name from a photograph constitutes a violation of section 1202 of the Digita > read more
June 15, 2011 - Copyright and Fine Art Presentation Tomorrow at National Arts Club
Published on 2011-06-14 13:41:00
I hope that you will join me tomorrow night at this event, there is no charge for attendance.National Arts ClubThe Photography Committee PresentsCopyright and Fine ArtWednesday, June 15, 8 PM15 Gramercy Park South (east of Park Avenue South @ 20th St > read more
First Circuit: Ownership of a Copyright in a Television Show Governed By Work For Hire Agreement Confirming Earlier Oral Agreement
Published on 2011-06-14 09:07:00
In TMTV Corp. v. Mass Productions Inc., ---F.3d---, 2011 WL 2306514 (1st Cir. 2011), the First Circuit considered two competing Puerto Rican television shows 20 Pisos and El Condominio (more on Wikipedia here). As in so many of these stories, the ini > read more
25 Top Copyright Blogs of All Time - Source - Justia
Published on 2011-06-14 04:15:00
The 25 top copyright blogs of all time by popularity according to Justia Blawgsearch:1. IPKat 2. Recording Industry v. the People3. Chicago IP Litigation Blog4. Chilling Effects Clearinghouse5. Plagiarism Today6. Likelihood of Confusion7. Intern > read more
Second Circuit Brief in Lee v Marvel: The Spiderman Copyright
Published on 2011-06-13 08:11:00
Below is a brief we filed last week on behalf of Stan Lee Media Inc. before the Second Circuit Court of Appeals, seeking to overturn the district judge's denial of intervention in Lee v. Marvel.ECF Lee v Marvel Appellant SLMI Brief 6-9-11 h > read more
The Black Keys "Tighten Up" and Sue Della Femina for Copyright Infringement
Published on 2011-06-06 04:15:00
Enjoy the YouTube video of "Tighten Up" from the album Brothers by the Black Keys, above. The Black Keys are not happy with the Della Femina advertising agency and Valley National Bank and claim that the agency has used Tighten Up without permission > read more
Art Litigation: Second Circuit Finds No "Innocent Owner" Defense To National Stolen Property Act Seizure
Published on 2011-06-05 10:38:00
In U.S. v. Davis and The Painting Known as "Le Marche" by Camille Pissarro, 2011 WL 2162897 (June 3, 2011), the Second Circuit rejected the "innocent owner" defense to a civil forfeiture action brought by Customs to enforce the National Stolen P > read more
Fair Use Fridays: Copying Is Not Theft, All Creativity Is Derivative .... Hmmm.....
Published on 2011-06-03 09:00:00
Ouch! Are they really dancing with CD's?Well done. http://www.dunnington.com/rdowd_bio.html Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here Find Ray Dowd at Dunnington Bartholow & Miller LLP Copyrigh > read more
Fair Use Fridays: Columbia Pictures Faking Copyright Infringements To Promote Girl With a Dragon Tattoo?
Published on 2011-06-03 04:15:00
This YouTube video is made to appear as if it were created by a pirate cameraman inside a movie theater. Mashable believes that SONY/ Columbia Pictures has faked the copyright infringement as part of a viral marketing campaign. Mashable's take here.S > read more
US Supreme Court Cert Petition: U.S. Museums Betray The Holocaust Victims Redress Act of 1998
Published on 2011-06-01 04:15:00
We recently filed a petition to the U.S. Supreme Court on behalf of the heirs of George Grosz in Grosz v. Museum of Modern Art, accessible by the link below. The certiorari petition describes how in federal courts around t > read more
ACTA Anti-Counterfeiting Trade Agreement: Final Version is Out, Lobbying Starts
Published on 2011-05-31 04:15:00
Anti-Counterfeiting Trade Agreement educational video above.More on ACTA here.EFF's take on ACTA here.ACTA final draft here.The European Commission is apparently pushing the European Parliament to drop its skepticism, Techdirt story here.More on why > read more
Protect-IP Act: Powerful In Rem Remedies for Private Plaintiffs Against Offshore Infringers
Published on 2011-05-30 11:22:00
Support The Pirate Bay T-ShirtsLast week the Senate Judiciary Committee voted the Protect-IP Act out of committee. Sen. Ron Wyden put a hold on it on Thursday. I read it and my comment focus on the aspects of interest to the civi > read more
Copyright Wars: A Brief Video History of Copyright, Technology and Piracy
Published on 2011-05-30 10:03:00
A nice summary of the copyright wars in the 20th century, the Guardian interviews Cory Doctorow. Direct criticism of lawmakers' willingness to criminalize popular entertainment.http://www.dunnington.com/rdowd_bio.html Purchase Copyright Litigati > read more
Massive German Art Forgery Scandal - The Alfred Flechtheim Collection
Published on 2011-05-26 09:02:00
Among those in the know, Alfred Flechtheim is considered perhaps the greatest contemporary art dealer in Germany's Weimar Republic. He was Jewish, chased by the Nazis from his galleries in Berlin and Dusseldorf. A Nazi na > read more
How Far Does The Constitution Reach? 5/23 FBA Program at SDNY
Published on 2011-05-18 18:05:00
The Federal Bar Association and the Hispanic National Bar Associations present: How Far Does the Constitution Reach? The Insular Cases and the Territorial Clause of the U.S. Constitution (Puerto Rico and Overseas Territories 18 > read more
Second Circuit: June 23 Admissions Ceremony - Sign Up Now!
Published on 2011-05-15 21:04:00
Federal Bar Association Admissions CeremonyUnited States Court of Appeals for the Second Circuit June 23, 20114:00 p.m.Daniel Patrick Moynihan U.S. CourthouseCeremonial Courtroom, 9th Floor500 Pearl StreetNew York, New York 10007On June 23, 2011, the > read more
Fair Use Doctrine: How To Download Files Using BitTorrent
Published on 2011-05-06 04:15:00
Caution: accessing copyrighted files may constitute copyright infringement. Plaintiffs are now pursuing BitTorrent swarms and may discover your IP address and personal information if you download or make your computer available to upload copyrig > read more
Ninth Circuit Reverses Panel in Landmark Hollywood Theft of Ideas Case
Published on 2011-05-05 07:46:00
If you submit a script to a Hollywood producer who doesn't buy it, but uses the concept, do you have a claim?On May 4, 2010, a panel of the Ninth Circuit Court of Appeals killed Hollywood by holding that implied contracts for the sale of ideas t > read more
Copyright Troll Clobbered: Judge Finds Use of Entire News Article Fair Use
Published on 2011-05-02 08:52:00
In Righthaven LLC v. Jama and Center for Intercultural Organizing, 2011 WL 1541613 (D. Nev. April 22, 2011), on a summary judgment motion, the court found use of an entire news article to be fair use. Righthaven is a notorio > read more
How To Sue and Discover A BitTorrent Swarm: Liberty Media, A Swarm of John Does and the Cable Privacy Act
Published on 2011-05-01 14:15:00
Corbin Fisher's Down on the Farm (Retail Price 69.95) In Liberty Media Holdings, LLC v. Swarm of November 16, 2010, Sharing Hash File A3E.... and John Does 1-95 2011 WL 1597495 (S.D. Cal. April 26, 2011), the court permitted suit a > read more
Art Litigation: Jewish Property Declarations: The Law of April 26, 1938
Published on 2011-04-26 04:15:00
Today is the anniversary of the April 26, 1938 decree by Goering requiring Jews to declare their property. It is important that any student of the Holocaust read the text of the decree, reproduced in italics below. There is very little wr > read more
Richard Evans on Looting Art in Wartime
Published on 2011-04-23 17:09:00
Art in the Time of War | The National InterestFind Ray Dowd at Dunnington Bartholow & Miller LLP Copyright Litigation Handbook (West 5th Ed. 2010) by Raymond J. Dowd Purchase on Amazon.com and Westlaw (Directory: COPYLITIG) > read more
Fair Use Fridays: Fair Use Is A "Bit of a Loophole For Students and Teachers"
Published on 2011-04-22 13:00:00
Another horrifically bad and misleading copyright video aimed at children. It doesn't mention the US Constitution. It doesn't reference the First Amendment. It refers to fair use as "a bit of a loophole for students and teachers".This one gets a D > read more
Fair Use Fridays: Richard Prince Redux: Can Appropriation Art Be Stolen? Or De-Appropriated With An Eraser?
Published on 2011-04-22 10:00:00
Gregorg is calling his lawyer because someone is stealing his Richard Prince appropriation.More on Richard Prince and Appropriation art here and here. Cat Weaver's Garden Sans Cariou. Stealing the stolen stuff out of a thief's misapprop > read more
Fair Use Fridays: Kinect Hacks - From Forbidden To Encouraged By Microsoft
Published on 2011-04-22 04:15:00
Software manufacturers usually try to block consumers from modifying or improving their products. This is anticompetitive conduct. Microsoft started out by first blocking hackers on its new Kinect 3d camera, and now it is encouraging them. Story and > read more
Professor Weird Al Teaches Lady Gaga The First Amendment
Published on 2011-04-21 04:15:00
Courtesy Boing Boing, Lady Gaga refused to let Weird Al make a parody of her song with proceeds to charity, so he claimed fair use and released it anyway.Maybe Weird Al can get hired at YouTube's Copyright School to put the First Amendment into the c > read more
Foreign Languages In the Courtroom - A Challenge for the Trial Lawyer
Published on 2011-04-20 04:15:00
A good illustration of how consecutive and simultaneous translation work in the courtroom setting, and an exercise to illustrate how difficult it is.Conducting an effective direct or cross-examination of a witness who speaks a foreign language is dif > read more
Copyright Litigation Blog Goes 3d - My Avatar on Rights of Publicity and Other Recordings
Published on 2011-04-19 04:15:00
If you are reading this post directly from my blog, my avatar should appear - slowly to the right side of this post. When a photographer takes your portrait, the photographer owns a copyright in the photograph. But can the photographer use your image > read more
Lies, Damned Lies and Copyright (Mis)Information
Published on 2011-04-18 13:30:00
A great talk by Nancy Sims, a copyright librarian from the University of Minnesota here.67% of university faculty did not realize that they owned copyrights...A+ on copyright law for Nancy Sims. My take on YouTube's failure here.Nancy's v > read more
Trade Secrets and Copyright Infringement
Published on 2011-04-18 04:15:00
In ATPAC Inc. v. Aptitude Solutions, Inc., (EDCA April 12, 2011), the court considered the issue of whether computer source code that had been registered with the copyright office could be considered a trade secret. Plaintiff ATPAC cr > read more
Lessig Video: Deregulate Culture - Copyright Law Does Not Make Sense
Published on 2011-04-17 11:00:00
In this video of a speech from the ABA Techshow, Professor Lawrence Lessig has put together a powerful political manifesto for those wishing to deregulate culture. He points out how internet code has created new artistic norms, abilities to spea > read more
WSJ Journalists Flunk Copyright School and Journalism School
Published on 2011-04-16 17:01:00
I posted Friday on how YouTube's Copyright School propaganda video flunks copyright law here. Now the Wall Street Journal posts a video where one journalist interviews another journalist about copyright law (below).According to the "journalist"& > read more
Fair Use Fridays: Publishers Sue Universities Over "E-Reserves"
Published on 2011-04-15 13:00:00
From Ars Technica, a fair use kerfluffle here. http://www.dunnington.com/rdowd_bio.html Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here Find Ray Dowd at Dunnington Bartholow & Miller LLP Copyrig > read more
Fair Use Fridays: YouTube Flunks Copyright School
Published on 2011-04-15 09:00:00
According to Zeropaid's piece here, accused copyright infringers on YouTube will have to attend YouTube Copyright School, which involves watching a video and taking a quiz.Why doesn't YouTube's video mention the public domain? Watch t > read more
Fair Use Fridays: Kandinsky and Copyright: The Murder of American Culture - A Copyright PSA
Published on 2011-04-15 04:15:00
An unintentionally terrifying Copyright PSA. Zombified children, unintentionally hilarious "fair use" mistakes - I thought it was a spoof, but... this video really shows how misunderstood the fair use doctrine is... by someone purporting to teach it. > read more
Copyright and Originality: Malevich and the American Legacy at Gagosian
Published on 2011-04-13 04:15:00
Kazimir Malevich - Mystic Suprematism 1920-27Arthur Danto wrote of Kazimir Malevich's Black Square: "We marvel at its originality, not its painterly brilliance." A great video on the Gagosian website with curator Andre > read more
Art Litigation: US Museums Breaching Ethics Codes By Refusing To Research and Return Nazi Looted Art
Published on 2011-04-12 08:20:00
MoMA's Provenance Research Project: A Sham?Great essay in University of Pennsylvania's PENNumbra Guarding the Historical Record from the Nazi-Era Art Litigation Tumbling Toward The Supreme Court here. Highly critical of the > read more
Art Litigation: Nazi Looted Art in US Museums - Professor Jennifer Kreder Speaks Out
Published on 2011-04-11 17:48:00
Great interview with law professor Jennifer Kreder on Illinois Public Radio on artworks looted by the Nazis that are now in US museums that were smuggled into the US through Switzerland. Get the shocking story here. http://www.dunning > read more
Statutory Damages Under The Copyright Act - Lessons From LimeWire
Published on 2011-04-11 10:00:00
Arista Records - Throwing a Funeral Party Over Lime Wire?Arista Records LLC et a. v. Lime Group LLC (Lime Wire) (06 CV 5936) has recently spawned a series of decisions of interest for those who follow the Copyright Act's provis > read more
Fair Use Fridays: What do you do with a drunken sailor?
Published on 2011-04-08 16:00:00
What do you do with a drunken sailor? Johnny Depp stars...Trance version...A gamer's Salute to Piracyhttp://www.dunnington.com/rdowd_bio.html Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here Find Ray Dowd at > read more
Fair Use Fridays: Documentary Filmmakers Can Get Fair Use Insurance Through Chubb
Published on 2011-04-08 13:30:00
By hiring from a list of approved "clearance counsel": Michael C. Donaldson and Lincoln Bandlow of Los Angeles; Anthony Falzone of the Fair Use Project at Stanford Law School; F. Robert Stein and Stephen Sheppard of New York; and Dan Sator > read more
Second Circuit: Fair Use Doctrine Protects Submission of Entire Copyrighted Work In Judicial Proceeding
Published on 2011-04-08 11:33:00
In Hollander v. Steinberg, (10-1140 cv April 5, 2011), the Second Circuit applied the fair use doctrine, 17 USC 107 to filings in judicial proceedings. An author claimed that his essays were unpublished and that his adversary filing them in their ent > read more
Fair Use Fridays: "Most Copyright Holders Have Never Heard of Fair Use"
Published on 2011-04-08 11:00:00
From "Clip Show - A Practical Guide to Fair Use"When Copyright Holders Attack After the film has been released, expect to get calls from copyright holders upset about your use of their footage. Most copyright holders have never heard of Fair Use, and > read more
Fair Use Fridays: Jay-Z Public Service Annoucement
Published on 2011-04-08 07:30:00
Not sure what the public service is exactly, but this is certainly a creative interpretation of copyright law's fair use doctrine. 17 USC 107. More on copyright law's fair use doctrine here.http://www.dunnington.com/rdowd_bio.html Pu > read more
Fair Use Fridays: Copyright PSA for the Users: Sing Along!
Published on 2011-04-08 04:15:00
A video by Michael RobbGrieco showing copyright from a copyleft perspective. The video contains a singalong critique of "overstated" owner's rights illustrating a view of the fair use doctrine 17 USC 107. &n > read more
ListLust - Twitter Lists Following Copyright Litigation Blog
Published on 2011-04-07 04:15:00
There are a lot of interesting Twitter lists. A Twitter list is interesting because you are interested in the person who compiles the list and what they like, because you find the topic of the list interesting, or both. Compil > read more
Fair Use Fridays: AAMD Says Lousy Quality = Fair Use
Published on 2011-04-01 14:00:00
The Association of Art Museum Directors has issued a fair use policy. According to them ,working with low quality digital thumbnails is fair use. Full policy here. More fair use guidelines here.Section 107 of the Co > read more
Fair Use Fridays: University of Minnesota Hunts Snipe With Fair Use Bot
Published on 2011-04-01 11:00:00
University of Minnesota has created a fair use bot to assist potential fair users in understanding the fair use doctrine embodied in 17 USC 107. Once you have "fully educated" yourself about fair use, using the bot will help > read more
Fair Use Fridays: Rebecca Black Bob Dylan and Hitler Take on Friday Mornings
Published on 2011-04-01 04:15:00
Genius parody - Bob Dylan does Rebecca Black's Friday. Original went viral, over 50 million views on YouTube, watch it below:Slow version below:Hitler's reaction: http://www.dunnington.com/rdowd_bio.html Purchase Copyright Litigation Handbo > read more
Photobucket Not Required To Actively Police Site For Infringements
Published on 2011-03-31 04:15:00
Photobucket - 8 billion photos onlineIn Wolk v. Kodak Imaging Network Inc., 10 Civ. 4135 (RWS) (SDNY March 17, 2011), Judge Robert Sweet found that Photobucket, an internet service provider, was protected by the "safe harbor" provisions of the > read more
Is Using A Wireless Router Copyright Infringement? Or a Defense?
Published on 2011-03-30 04:15:00
From Boston College's website hereCommon Examples of Copyright Infringement •Joining a file-sharing network and downloading unauthorized copies of copyrighted music for free. •Sharing unauthorized MP3 copies of a song on the Internet or through a > read more
SDNY - Copyright Licensee Bears Burden of Proving Authorized Use of Copyrighted Works
Published on 2011-03-29 04:15:00
In Elsevier N.V. v. United HealthGroup, Inc, 2011 WL 1002659 (SDNY March 7, 2011), Judge William Pauley denied Elsevier's motion for summary judgment. Elsevier licensed its database to defendant for the use of 50 employees. Elsevier's spreadsheets in > read more
100 Most Influential Copyright Law Twitterers - Source Twitalyzer
Published on 2011-03-28 15:30:00
What do Kevin Spacey @kevinspacey, "Thought Leader" Chelsea Handler @ChelseaHandler, Shaq @the_real_shaq, a copyright librarian from Minnesota @CopyrightLibn and I have in common? We are all on Twitalyzer's top influencer list. @raydowd shows up > read more
Oprah Winfrey Wins Copyright Battle Over Chubbiest US President
Published on 2011-03-28 04:15:00
In Harris v. Winfrey, 2011 WL 1003807 (E.D.P.A. March 18, 2011), a federal district judge dismissed a claim against Oprah Winfrey but denied sanctions under Rule 11 of the Federal Rules of Civil Procedure. Copy of motion for sanctions her > read more
Test G2 Camera Shot of Copyright Litigation Blog
Published on 2011-03-26 22:39:00
Testing post of screenshot. Find Ray Dowd at Dunnington Bartholow & Miller LLP Copyright Litigation Handbook (West 5th Ed. 2010) by Raymond J. Dowd Purchase on Amazon.com and Westlaw (Directory: COPYLITIG) > read more
Declassified Swiss Government Report Shows Traffic of Nazi Looted Art To Museum of Modern Art
Published on 2011-03-25 17:15:00
A declassified Swiss government report written by Laurie Stein shows that Nazi looted art passed through Switzerland to arrive at the Museum of Modern Art in New York.As set forth in Laurie Stein's report, Curt Valentin, August Klipstein, and Ka > read more
Fair Use Doctrine Dead? A Fair Use Fridays Moment of Silence for Richard Prince
Published on 2011-03-25 11:00:00
We gaze in awe at the work of Richard Prince. This photograph of a Marlboro Man advertisement taken by another photographer broke world auction records for a photograph. Story here. You can see that Richard Prince claims a cop > read more
NY CT of Appeals To Second Circuit: Copyright Owners Suffered Injury in New York For Long Arm Jurisdiction
Published on 2011-03-25 04:15:00
Penguin Group (USA) Inc. v. American Buddha (N.Y. Ct. Appeals March 24, 2010), the New York State Court of Appeals decided an issue of extraordinary importance: whether someone offering copyrighted works in another state could be sued in N > read more
Fair Use Fridays: You Are Listening To New York - Ambient Music and Live Police Radio Feed
Published on 2011-03-25 04:15:00
Mixture of police radio and ambient music here, beautiful .... thanks to BoingBoing's post here. http://www.dunnington.com/rdowd_bio.html Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here Find Ray Dow > read more
Top Copyright Lawyers - Join Copyright Twibes
Published on 2011-03-24 04:15:00
Top copyright lawyers should join Copyright Twibes - another way to be social and see who is out there and active.For the moment, Copyright Litigation Blog is at the top, but it won't be long until serious copyright tweeters join! http://www.dun > read more
SDNY Federal Bar Association CLE Program March 24: Due Process Limits to the Exercise of Personal Jurisdiction
Published on 2011-03-23 10:45:00
The Federal Bar Association is sponsoring a CLE program on March 24 at the U.S. District Court - Southern District of New York - The Due Process Limits to the Exercise of Personal Jurisdiction. Click on flyer below.My partner Luke McG > read more
SDNY - Google Books Settlement Rejected, A Waste for the Blind
Published on 2011-03-23 03:51:00
Hon. Denny Chin - Photo Sue Kim Wikimedia CommonsBelow is the lengthy decision by Circuit Judge Denny Chin rejecting the Google Books class action settlement. Class actions are governed under Rule 23 of the Federal Rules of Civil Procedure > read more
Federal Bar Association Tackles Issue of Judicial Vacancies
Published on 2011-03-22 07:59:00
The Federal Bar Association tackled the issue of judicial vacancies in a February 28 program at the Brookings Institute. Video, audio and transcribed materials covering the proceedings here and here. When there > read more
Art Litigation: Artist Richard Prince and Gagosian Gallery Lose Copyright Infringement Case
Published on 2011-03-21 08:10:00
Work from Prince's infringing series incorporating Cariou's photographsIn Cariou v. Richard Prince, Gagosian Gallery, et al 08 CV 11327 (S.D.N.Y. March 18, 2011)(Batts, J.), the court issued a decision finding Richard Prince's artworks to be copyr > read more
Fair Use Fridays: Twitter Parody, Mayor Emanuel and the Fair Use Doctrine
Published on 2011-03-18 06:26:00
Parody and satire are types of free speech that the First Amendment should protect. For each type of speech, enough has to be borrowed from the original to make the joke or criticism funny or biting.Above, an example of a parody of Twitte > read more
Fair Use Fridays: Stealing Ideas - Inception Video
Published on 2011-03-18 04:15:00
Inception in a 60-second video above, courtesy BoingBoing. Inception, a film about stealing and planting ideas, having its title and "idea" stolen by a video. Video by Austrian Wolfgang Matzl.More on copyright law's fair use doctrine here. Pur > read more
Preliminary Injunction Granted in SDNY - Internet Retransmissions of Television Broadcasts Infringing
Published on 2011-03-14 08:34:00
Image from http://www.ivi.tv/ viewed 3/13/2010In WPIX, Inc. v. ivi, Inc. 10 Civ. 715(SDNY Feb 22, 2010), Judge Naomi Reice Buchwald granted a preliminary injunction under the Second Circuit's standard set forth in Salinger v. Colting, 607 F.3d 68 (2d > read more
Art Litigation: Alfred Flechtheim Panel in Austria To Discuss His Stolen Collection
Published on 2011-03-13 06:44:00
Choyo Cactus aka "Jumping Choyo" on Dove MountainBelow is a link to a presentation I gave in Tucson AZ on recent case developments in the federal courts on Nazi art looting.Nazi Art Looting - Case Developments [Compatibility Mode] > read more
Art Litigation: Pornucopia Scandal and Regulation of Nudity in Art
Published on 2011-03-12 06:17:00
The Pornucopia gallery show is creating a furor on New York's Lower East Side. Artinfo reports here on New York City's growing prudery and Congressman Anthony Weiner's attempt to remove a 90 year-old statue from a Queens plaza. More from CB > read more
Fair Use Fridays: Girl Talk Goes Cinematic
Published on 2011-03-11 15:00:00
Girl Walk // All Day from jacob krupnick on Vimeo.Derivative works from derivative works: music and choreography and film from the remix culture. Saw this video on Techdirt who fears copyright infringement claims and comments here.Beautiful music an > read more
Fair Use Fridays: Charlie Sheen's Downfall
Published on 2011-03-11 09:30:00
Even funnier, Hitler's Reaction to Charlie Sheen Getting Two and a Half Men Cancelled Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here Copyright Litigation Handbook (West 5th Ed. 2010) by Raymond J. Dowd Pur > read more
Fair Use Fridays: Art of Packaging Garbage
Published on 2011-03-11 09:20:00
Thanks to phosita's post here on whether packaging makes a difference for this great vintage Rocketboom video on packaging garbage as art, on the art of packaging, on the art of pricing garbage, on the price of garbage art. &nbs > read more
Fair Use Fridays: Is The National Anthem A Stolen British Drinking Song?
Published on 2011-03-11 05:10:00
Rocketboom and Know Your Meme discuss in the video above the history of GI Joe Mashups on the internet and apply the principles of fair use in copyright law to our National Anthem.From Wikipedia's Star Spangled Banner entry:The poem was set to the tu > read more
Fair Use Fridays: Epigraphs, Fair Use and Poetry
Published on 2011-03-11 04:08:00
The lady doth protest too much, methinks ... (Hamlet's remarried mother telling Hamlet she doesn't like his play about a lady saying she will never remarry...) William Shakespeare, Hamlet, Act III, Scene 2.Below is an excerpt on how t > read more
Music Copyright PSA
Published on 2011-03-10 11:00:00
Copyright PSA: interviews with music industry execs about music filesharing, illegal downloads, how musicians make money, watch a guy get fired because of Limewire. Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here &n > read more
Copyright PSA From A Talented Filmmaker
Published on 2011-03-10 04:32:00
A very touching Copyright PSA from Krista Dzialoszynski.Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here Copyright Litigation Handbook (West 5th Ed. 2010) by Raymond J. Dowd Purchase on Amazon.com and Westlaw (Di > read more
Second Circuit Local Rule: Attorneys Who Fail To Apply for Readmission Will Be Removed from the Rolls
Published on 2011-03-09 04:04:00
Starting July 1, 2011, the Second Circuit Court of Appeals will start removing from its rolls attorneys who do not apply for readmission.Many lawyers do not realize that when they are admitted to the bar of the state in which they practice, the story > read more
9th Circuit: Contract Battles Copyright in World of Warcraft's Killer 'Bots
Published on 2011-03-09 04:04:00
World of Warcraft: Contract Battles Copyright Over Killer 'BotsIn copyright cases it is often difficult to tell where copyright law ends and where contract law begins. This has a significant effect on how a case will be litigated and pleaded, i > read more
Copyright and Rights of Publicity in the Stolen Scream
Published on 2011-03-08 18:23:00
The Stolen Scream: A Story About Noam Galai from FStoppers on Vimeo.Thanks to Patrick Hall @phfactorblog for pointing the Copyright Litigation Blog to this interesting meditation of a man whose copyrighted image of himself was stolen by thousand > read more
Image from the Phoenix Courthouse - Federal Bar Association Presentation on Nazi Art Looting
Published on 2011-03-08 13:00:00
Raymond J. Dowd, New York - U.S.M.J. Michelle Burns (District of Arizona - Phoenix) - Rob Kohn, Los Angeles Image under a quote from Socrates from the presentation at the Richard Meier-designed Sandra Day O'Connor U.S. Courthouse > read more
9th Circuit: Copyright in Characters Fails Betty Boop, TM Goes Poo-Poo-Pee-Do
Published on 2011-03-08 04:04:00
Will the real official Betty Boop please stand up?In Fleischer Studios Inc. v A.V.E.L.A Inc, 2011 WL 631449 (9th Cir. Feb. 23, 2011), the Ninth Circuit Court of Appeals held that the purported holder of the Betty Boop character and the Betty > read more
FTV | fashiontv.com - Moschino Fall 2011 Milan
Published on 2011-03-07 18:41:00
FashionTV's YouTube channel explodes in popularity, over 103,000,000 views, beats all other fashion channels by orders of magnitude. http://www.ftv.com/. Visit FTV's Youtube channel here.Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd > read more
Supreme Court Accepts Progress Clause and First Amendment Challenges To Copyright Extension
Published on 2011-03-07 13:28:00
From SCOTUS blog on Golan v. Holder:Issue: (1) Does the Progress Clause of the United States Constitution, Article I, § 8, cl. 8, prohibit Congress from taking works out of the public domain? (2) Does Section 514 of the Uruguay Round Agreements Act > read more
RIP Ben Sheffner's Copyrights and Campaigns Blog
Published on 2011-03-07 12:06:00
Copyright blogger Ben Sheffner has left the blogosphere to work for the MPAA, his thoughtful pro-copyright stance I am sure will be missed by many. His blog was marked by roll-up-your sleeves digging to get at original documents and reall > read more
Copyright Office Abolishing Statutory Licenses for Television Transmissions?
Published on 2011-03-07 04:30:00
The Copyright Office has been directed by Congress to consider phasing out statutory licenses for television broadcasts under Sections 111, 119 and 122 of the Copyright Act. Public comment is being sought for a transition to ma > read more
Top 50 Copyright Law Blogs of All Time - Source - Justia Blawgsearch
Published on 2011-03-06 16:02:00
Top 50 Copyright Law Blogs of All Time According to Justia Blawgsearch1. IPKat2. Recording Industry v The People3. Chicago IP Litigation Blog4. Chilling Effects Clearinghouse5. Plagiarism Today6. The Patry Copyright Blog7. Likelihood of Confusion8. I > read more
Art Litigation: Nazi Art Looting #art - Recent Developments in Federal Courts
Published on 2011-03-06 14:11:00
Fides Trust/Fides Treuhand Founded in 1910 - Faithfully Concealing Nazi Art Looting Transactions For the Swiss http://www.fides.ch/Nazi Art Looting - Case Developments [Compatibility Mode] Above is a link to a Powerpoint Presenta > read more
Fair Use Fridays: 5 Seconds of Every Pop Song Ever
Published on 2011-03-04 19:48:00
Five Seconds Of Every #1 Pop Single Part 1 by mjs538Thanks to Peter Friedman's Ruling Imagination: Law and Creativity for posting this here from MJS538, find part two on Soundcloud. Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd > read more
Fair Use Fridays: Jailbreaking Your Cell Phone is Legal - Maybe Some Mashups, Too
Published on 2011-03-04 04:37:00
On July 20, 2010, the Librarian of Congress came out with regulations making jailbreaking of cell phones exempt from the prohibitions of the Digital Millenium Copyright Act. 17 USC 1201. Bypassing DVD protections to make a " > read more
A New Form of 3D Copying: Sculptures From Scans Using Microsoft Kinect
Published on 2011-03-03 04:15:00
Thanks to BoingBoing video showing use of Microsoft Kinect as a 3d scanner to sculpt portraits. Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here Copyright Litigation Handbook (West 5th Ed. 2010) by Raymond J > read more
Top Intellectual Property Law Blogs - Likely To Cause Confusion
Published on 2011-03-02 06:34:00
Supperblogger Ron Coleman of Likelihood of ConfusionTM fame reviews here my post of Justia's 50 Top Intellectual Property Law Blogs of all time, found here.Ron asked what Justia's criteria are for the selection. The answer is that I > read more
IP Law Professors: Obama Secret Anticounterfeiting Treaty Unconstitutional Without Congressional Approval
Published on 2011-03-02 04:15:00
Still the best explanation out there of how a bill moves through Congress to become a law, although it omits the role of lobbyists and corporations in initiating laws. But lots of law professors think that the Obama Administration's forgotten the Sch > read more
Federal Appeals: Seventh Circuit Judge Posner's Tips on Appellate Advocacy in Federal Circuit Courts
Published on 2011-03-01 16:15:00
Podcast:Judge Richard Posner on Effective Appellate Advocacy Before A Federal Circuit CourtJudge Posner urges going outside the record for common sense and warns about the limitations of the minds of appellate judges and the need for plain speaking.& > read more
Top 50 Intellectual Property Law Blogs of All Time - Source Justia Blawgsearch
Published on 2011-02-28 04:35:00
According to Justia's Blawgsearch, these are the top 50 Intellectual Property Law Blogs of all time1. IP Thinktank2. IPKat3. Patent Docs4. Patently-O5. IPBiz6. The Trademark Blog7. Recording Industry v. The People8. Technology & > read more
Art Litigation: Holocaust for Dummies - The Murder and Spoliation of Fritz Grunbaum at Dachau
Published on 2011-02-27 14:52:00
Holocaust for Dummies: Murder and Spoliation of Fritz Grunbaum at Dachau Austria's Leopold Museum has refused to return artworks stolen from Fritz Grunbaum, a famous Jewish cabaret performer. Grunbaum was arrested in Vien > read more
Fair Use Fridays: Are Harvard's Fair Use Guidelines Copyrightable?
Published on 2011-02-25 11:00:00
Harvard University's Copyright Law Guidelines (copied in its entirety bearing a copyright notice 2008).Copyright Law GuidelinesWhen copying materials from books, journals, and other publications, HFS Centers will abide by federal copyright laws. Inst > read more
Wii Spanking Video on YouTube Censored For "Copyright Reasons"
Published on 2011-02-25 10:07:00
BoingBoing reported that Wii came out with an advertisement encouraging young adults to engage in spanking games using the Wii device. The video was posted by Ubisoft on YouTube here.YouTube now has the message"This video contains co > read more
Fair Use Fridays: Dramatic Chipmunk Tackles Fair Use
Published on 2011-02-25 04:45:00
From American University Center for Social Media, "Fair Use Is A Right" - the link is here, but they gave me no embed code, urging only to share on Facebook and Twitter. So without a formal invitation to share on YouTube, would me posting > read more
Fair Use Fridays: Copyright Professors and Law Students - Help Wikipedia Rewrite The Fair Use Doctrine
Published on 2011-02-25 04:06:00
I have reproduced almost the entirety of Wikipedia's entry on the fair use doctrine in italics below, you can find the original here. It really needs some sprucing up: there is a lot of good, but it needs some of the smart folks from say > read more
Best Business Book of the Year - The Master Switch By Tim Wu
Published on 2011-02-24 04:15:00
Good business writing is really a delight. And when a really talented, visionary writer takes on a business history, the result can be breathtaking. Tim Wu has done just that, in a masterful, entertaining work that reall > read more
Judicial Vacancies: The Impact on Federal Litigation
Published on 2011-02-22 14:37:00
Video on the impact of judicial vacancies on federal litigation above. More on judicial vacancies from the Federal Bar Association here. Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here Copyright Litigation > read more
US Marshals Service Has First Female Director
Published on 2011-02-22 04:15:00
10th Director of the US Marshals Service is Stacia Hylton, story here.Link to webcast of the nomination hearing before the Senate here. Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here. Copyright Litigation > read more
Presidents Day and the Federal Bar Association
Published on 2011-02-21 11:31:00
Happy Presidents Day. Interview with Federal Bar Association President and New Orleans attorney Ashley Belleau in The Third Branch here The Federal Bar Association adresses issues of paramount concern to the fed > read more
Dorothy's Not In Kansas Anymore: Public Domain Film Posters With Slogans Found To Infringe
Published on 2011-02-21 08:36:00
Good post on a copyright litigation involving the use of film posters in the public domain from the Wizard of Oz on the Patentlyo blog here. For those interested in character licensing, dead celebrities, and the Supre > read more
Appellate Practice: Perfecting a Civil Appeal in Federal Court - Ninth Circuit
Published on 2011-02-21 04:45:00
This is an exellent video explaining in simple language how to prepare an appeal in a federal civil case. For anyone preparing an appellate argument, it is a good overview of the basics and a great way to remember how important it is > read more
Fair Use Fridays: Hitler phones Mubarak
Published on 2011-02-18 10:00:00
More from the Hitler Downfall Parodies Channel Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here Copyright Litigation Handbook (West 5th Ed. 2010) by Raymond J. Dowd Purchase on Amazon.com and Westlaw (Directo > read more
Fair Use Fridays: RJD2 Confesses To Ripping KFC Beats From Television
Published on 2011-02-18 08:00:00
Remix RJD2 confesses to ripping KFC lyrics, HT to Mashable. Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here Copyright Litigation Handbook (West 5th Ed. 2010) by Raymond J. Dowd Purchase on Amazon.com and We > read more
Fair Use Fridays: Fedflix - Finding Public Domain Videos From the Federal Government
Published on 2011-02-18 06:00:00
Fedflix - how to find and download public domain videos created by the federal government video by NewCenturyHistory. Works created by the federal government are in the public domain. YouTube video explaining how to navigate h > read more
Fair Use Fridays: Spiderman Meets Marbury v Madison
Published on 2011-02-18 04:45:00
With great power comes great responsibility. Great intro to Marbury v Madison. Excelsior! Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here Copyright Litigation Handbook (West 5th Ed. 2010) by Raymond J. Do > read more
Hon William Rehnquist Welcoming New Circuit Judges - 1995
Published on 2011-02-17 04:45:00
The late Justice William Rehnquist welcoming new Circuit judges - a production of the Federal Judicial Center. Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here Copyright Litigation Handbook (West 5th Ed. 201 > read more
Removal, Remand and Preemption
Published on 2011-02-16 04:45:00
There are few procedural maneuvers in the practice of law so satisfying as removal. "Removal" means simply filing a notice with a state court that the matter is being removed to state court. Removal is authorized by 28 USC 1441(a).& > read more
9th Circuit en Banc: Preemption of Contracts Involving Ideas, and Judges on YouTube: Gnarly!
Published on 2011-02-16 04:15:00
The 9th Circuit Court of Appeals has a channel on YouTube. A couple of weeks back, I met Chief Judge Alex Kozinski at a Federal Bar Association cocktail party with the greeting "Hey Judge I saw you on YouTube!" This is the type of greeting that New Y > read more
Seventh Circuit: No Moral Rights In Flower Gardens Under VARA
Published on 2011-02-16 03:57:00
In Chapman Kelly v. Chicago Park District, 2011 WL 501161 (7th Cir. Feb 15, 2011), the Seventh Circuit rejected a claim of moral rights in a public garden in Chicago.What is a painting? What is a sculpture? What is original and > read more
Copyright Lawsuit is Alleged To Be Liberty Media Gay Porn Extortion Plot Against University of Michigan, Manhattan College
Published on 2011-02-14 05:15:00
On February 11, 2011, a woman acting pro se made a motion to dismiss or to sever the claims against her based on the plaintiff's failure to allege "purposeful availment" of the Plaintiff's business in California. From her motion: &nb > read more
Baby Judge School Starring USDJ Sonia Sotomayor
Published on 2011-02-14 04:45:00
Lawyers practicing before the federal courts always wonder about what goes on behind the scenes in the federal courts. Judges refer to "baby judge school" conducted by the Administrative Office. Here is an orientation video created by the Federal J > read more
Filmon.com Solicits Plaintiffs For Limewire Piracy Class Action Against CBS and CNET
Published on 2011-02-13 14:36:00
More information here Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here Copyright Litigation Handbook (West 5th Ed. 2010) by Raymond J. Dowd Purchase on Amazon.com and Westlaw (Directory: COPYLITIG) > read more
Jimi Hendrix - Dead Celebrity Rights of Publicity Not Resurrected By Washington State Law
Published on 2011-02-12 16:32:00
In Experience Hendrix, LLC v. Hendrixlicensing.com, (W.D.Wa. Feb. 8, 2011 (Zilly, J.), a federal judge in the Western District of Washington struck down as unconstitutional a Washington State law that attempted to grant dead celebrities, in > read more
Fair Use Fridays: Plagiarism and Quotation PSA
Published on 2011-02-11 08:00:00
A good constructive explanation of how to quote and cite in an academic context.Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here Copyright Litigation Handbook (West 5th Ed. 2010) by Raymond J. Dowd Purchase on Am > read more
Fair Use Fridays: Mashup of Billboard Top 25 on YouTube
Published on 2011-02-11 03:31:00
DJ Earworm is back, this 2010 mashup had over nine million viewers on YouTube.This DJ Earworm 2009 mashup had over 34 million viewers on YouTube.More posts on mashups here Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West > read more
Free CLE: Tim Wu and the Master Switch on Doug Lichtman's IP Colloquium
Published on 2011-02-10 18:09:00
AT&T Old Logo courtesy WikipediaColumbia professor Tim Wu discusses his new book The Master Switch on UCLA Prof Doug Lichtman's IP Colloquium here If you are interested in net neutrality, antitrust law, technology history,&nbs > read more
Art Litigation: Nazi Art Looting and Judicial Amnesia at DePaul Law March 9, 2011
Published on 2011-02-10 14:47:00
The Center for Intellectual Property Law & Information Technology, the Center for Art, Museum & Cultural Heritage Law, the Art and Cultural Heritage Legal Society and the Center for Jewish Law & Judaic Studiespresent Arts Law Colloquium Series - Jenn > read more
United States Pirate Party Platform - Abolish the DMCA!
Published on 2011-02-09 13:00:00
Logo of the United States Pirate Party(courtesy Wikipedia)To learn about joining the United States Pirate Party, go here.Platform (courtesy Wikipedia)The Pirate Party's platform centers around issues of intellectual property. "Like its internati > read more
Top 40 Intellectual Property Lawyers on Twitter #IP #LAW
Published on 2011-02-09 06:45:00
Intellectual Property Legal Birds (on Twitter) by Community Connections 1. Erik J. Heels (@ErikJHeels) 2. Mr. Brett Trout (@BrettTrout) 3. Timothy Powers O'Neill (@TimothyPONeill) 4. Ven > read more
FashionTV and YouTube Cover New York Fashion Week Live For The First Time
Published on 2011-02-09 05:00:00
Catch what's happening on the catwalks LIVE at New York Fashion Week http://www.youtube.com/liverunway Subscribe to the FTV Hot fashion channel on YouTube hereFashion TV broadcasts in 193 countries to over 350 million households and 7 million public > read more
The State and Future of #Twitter and #NewTwitter Video
Published on 2011-02-09 04:45:00
Nice three-part article on Twitter from Brian Solis here.The New Twitter rollout: Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here Copyright Litigation Handbook (West 5th Ed. 2010) by Raymond J. Dowd Purchas > read more
2010 U.S. INTELLECTUAL PROPERTY ENFORCEMENT COORDINATOR ANNUAL REPORT ON INTELLECTUAL PROPERTY ENFORCEMENT
Published on 2011-02-08 21:30:00
President Obama's IP Czar Victoria Espinel issued her first report on intellectual property enforcement today, find it here Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here Copyright Litigation Handbook (Wes > read more
Federal Circuit Courts of Appeal and Copyright Law
Published on 2011-02-08 13:00:00
Map of the United States, By Judicial Circuits from the Court LocatorCircuit courts of appeal were created by the Judiciary Act of 1789 which created three circuit courts. In 1801, a total of six circuit cour > read more
The Development and Future of Wikileaks
Published on 2011-02-08 04:30:00
Author Evgeny Morisov speaks to the problem of Wikileaks and potential authoritarianism on the internet. Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here Copyright Litigation Handbook (West 5th Ed. 2010) by > read more
The Art of Judging - Late 8th Circuit Judge Richard S. Arnold
Published on 2011-02-07 13:00:00
Wonderful and humorous presentation by the late 8th Circuit judge Richard S. Arnold, terrific take on the judicial nominations process. Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here Copyright Litigation H > read more
Art Litigation: Jeff Koons Balloon Dog Case Settles
Published on 2011-02-07 09:30:00
Story on the Jeff Koons balloon dog controversy settling here, bookends will be sold, but without Koon's name. This is an example of an artist exerting control over the right of attribution.Bookends look like this:NY Times article here&nb > read more
Art Litigation: Feb 17 - Nazi Looted Art in the Federal Courts - Phoenix Federal Bar Association
Published on 2011-02-07 09:08:00
Nazi Looted Art in the Federal Courts - Phoenix Federal Bar Association February 17 lunch program in Phoenix Arizona. Sponsored by the Phoenix Chapter of the Federal Bar Association. Purchase Copyright Litigation Handbook 2010 b > read more
Kid Rock on Piracy and Copyright Infringement
Published on 2011-02-07 04:45:00
Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here Copyright Litigation Handbook (West 5th Ed. 2010) by Raymond J. Dowd Purchase on Amazon.com and Westlaw (Directory: COPYLITIG) > read more
Piracy and Copyright Infringement: Department of Behavioral Investigation Report
Published on 2011-02-06 14:10:00
A radical solution to the problem of piracy. More from the Department of Behavioral Investigation here. Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here Copyright Litigation Handbook (West 5th Ed. 2010) by R > read more
Art Litigation: Nazi-Era Art Restitution - Westfied Scandal Unleashed By Museum of Fine Arts Boston
Published on 2011-02-05 22:03:00
Eyeglasses from Jews murdered at Auschwitz courtesy Wikimedia CommonsAs I posted yesterday, the Sixth Circuit decided to cloak Nazi actions in sovereign immunity in Westfield v. Federal Republic of Germany, my post of the decision here. > read more
Second Circuit - Joint Authorship in Copyright Law: Time-Barred Copyright Ownership Claims Bar Later Copyright Infringement Claims
Published on 2011-02-05 19:00:00
In Kwan v. Schlein, (2d Cir. Jan. 25, 2011)(decision below), the Second Circuit determined that a time-barred copyright ownership claim barred a later copyright infringement claim. The decision sorts through the facts involving an editor > read more
Criminal Copyright Infringement - Counsel Must Know of Statute of Limitations Defenses To Enter Plea Agreement
Published on 2011-02-05 17:14:00
In United States v. Boyd, 2011 WL 285196 (2d Cir. Jan. 31, 2011), the Second Circuit vacated the district court's decision that a defendant did not have ineffective assistance of counsel in negotiating a criminal copyright infringemen > read more
Nazi Art Looting: Sixth Circuit Cloaks Nazi-Era Atrocities in Sovereign Immunity
Published on 2011-02-03 19:09:00
Flag of TennesseeThe United States won World War II. As part of the postwar cleanup, the US did everything in its power to undo the damage the Nazis had wrought. Nowhere was this damage more atrocious than in what the Nazis inflicted on the Jewish mi > read more
Defamation Claim Based on Copyright Registration Statement Part II
Published on 2011-01-22 22:34:00
Malmesbury Bible courtesy Wikimedia CommonsPreviously, I posted on a case involving a defamation claim based on copyright registration statement, link and link to case here .Complaint by an alleged author, based on an unpublished underly > read more
Art Litigation: Nazi-Era Art Restitution - Legal Update Jan 24 New York State Bar Association
Published on 2011-01-20 11:14:00
Nazi-Era Art Restitution Legal Update NYSBA EASL Jan 24 2011 On Monday January 24, 2011 I will be part of a panel organized by the New York State Bar Association' Entertainment Arts and Sports Law Section, flyer above, direct link an > read more
Art Law & Beer - SDNY Federal Bar Association Jan 26 at Gallery Henoch - Free Networking Event
Published on 2011-01-17 15:53:00
Art Law & Beer - Federal Bar Association The Younger Lawyers Division of the Federal Bar Association Southern District of New York ChapterpresentsART LAW & BEERFree EventJanuary 26th6:30 - 8:30 PMatGALLERY HENOCH555 W. 25th S > read more
Fair Use Doctrine in Copyright Law: Producer's Use of Clip in Jersey Boys is Fair Use
Published on 2011-01-17 14:19:00
In Sofa Entertainment Inc. v. Dodger Productions, Inc., 2010 WL 4228343 (C.D. Cal. July 12, 2010), a seven-second video clip from The Ed Sullivan Show was used in the play Jersey Boys without permission. Jersey Boys is the story of T > read more
Copyright Infringement: Attorneys Fees Denied for Prevailing Party in Roger Miller Case
Published on 2011-01-17 12:49:00
Roger Miller Music Inc. v. SONY/ATV Publishing LLC, 2010 WL 4180814 (M.D. Tenn. Oct. 19, 2010).Although it is often said that there is a presumption that attorneys fees are awarded to the prevailing party, obtaining attorneys fees is tricky. &nb > read more
Copyright Litigation: Defamation Claim Based on Copyright Registration Filing Survives Summary Judgment
Published on 2011-01-17 12:13:00
In Morris v. Atchity, 2010 WL 4181452 (C.D. Cal. Oct. 15, 2010), the court declined to grant a summary judgment motion dismissing a claim for defamation based on statements made in a copyright registration. This is an unusual cl > read more
How To Testify Before Congress: It's a Whole New World - January 13
Published on 2011-01-11 16:35:00
Samuel L. Clemens - Mark Twain - Congressional GadflyImage Courtesy Wikipedia Please join us this Thursday to get Bill LaForge's great new book: How To Testify Before Congress.The book features Samuel Clemens (p/k/a Mark Twain)'s testimon > read more
Happy Holidays From Ray Dowd
Published on 2010-12-27 09:21:00
Attending the Federal Bar Association annual conference in Hawaii this December, I spotted Santa.... so much for all of those reindeer and North Pole myths!Wishing everyone healthy and happy holidays and a prosperous 2011. RayPurchas > read more
Copyright and Fine Art Webcast CLE: 10/28 By West Legal Ed
Published on 2010-10-21 09:25:00
Copyright Issues Related to Fine ArtContent Partner: West LegalEdcenter (R) Price: $135.00* Description: Since the advent of the Internet, most of our friends, family, and clients have become global publishers, copying and repasting copyrighted works > read more