Blog Feed: Copyright Litigation Blog

Proffessor Edward Gaffney of Valparaiso University recently submitted a Brief Amicus Curiae on behalf of numerous scholars in support of Certiorari in the Bakalar v. Vavra case.

Art Law for Museums, Galleries, Artists and Arts Administrators at the High Museum of Art Atlanta Georgia Join Me on May 3 2013

Published on 2013-04-15 16:26:00

Art Law: Stolen Art Panel Tomorrow Night At Fordham Law

Published on 2013-04-09 12:46:00

The Fordham Intellectual Property, Media & Entertainment Law Journal and the Fordham Art Law Society Present:Defining Cultural Ownership: Shifting Focus, Shifting NormsIn this panel discussion, attorneys whose practices focus on art law will speak on

Will US Supreme Court Hear Nazi Art Looting Case?

Published on 2013-03-28 15:06:00

Egon Schiele's Seated Woman with Bent Left Leg (Torso) 1917A petition was docketed this Monday asking the US Supreme Court to review a case where state law was used to grant title to a

Nazi Art Looting: Egon Schiele, George Grosz and Stolen Art in U.S. Museums

Published on 2013-03-08 23:32:00

The Roundtable PresentsNazi Art Looting: Egon Schiele, George Grosz and Stolen Art in U.S. MuseumsTuesday, March 12, 8:00 PM Illustrated LectureNational Arts Club15 Gramercy Park SouthNew York, NY 10003 Ray Dowd returns to the NAC, this time to take

Should Stolen Holocaust Art be Returned? Legal and Policy Perspectives and Recent Case Developments

Published on 2013-03-07 18:13:00

Should Stolen Holocaust Art be Returned? Legal and Policy Perspectives and Recent Case DevelopmentsThursday, March 21, 2013 from 6:00 PM to 9:00 PM. 2nd floor auditoriumJoin us for a very special program discussing the hot button issues of whether st

Twitter Feeds With Daily Summaries of SCOTUS and Courts of Appeals Cases

Published on 2013-02-26 20:18:00

Justia permits you to subscribe to Twitter feeds of

Oblon Spivak's U.S. District Courts and Judicial Circuits Map App for Litigators

Published on 2013-02-20 17:20:00

Want a quick and easy way to figure out where the courthouse is?

Copyright Law: Win Before You Begin - Discovery and Pre-Trial Investigations

Published on 2013-02-20 13:56:00

Ray Dowd & Luke McGrath- Discovery and Pre-Trial Investigations West LegalEd Center CLE 2.20.13 by Just wrapped up a terrific audio program for West LegalEdCenter with my partner Luke McGrath. The audio should be available for download soon.

Copyright Law: Copyright, Ethics & Social Media: What The Connected Lawyer Needs to Know

Published on 2013-02-17 19:19:00

Ray dowd copyright, ethics & social media- what the connected lawyer needs to know- csusa presentation 2.16 from Raymond Dowd www.dunnington.com

Join Us This Tuesday - The Picasso Problem: The Google Art Project Webinar

Published on 2013-02-17 14:10:00

Join Us At the Copyright Society Meeting Feb 14-16 in Austin TX

Published on 2013-02-07 10:43:00

Click here

Copyright Law 2012: The Year in Review

Published on 2013-02-06 07:30:00

Audio program and accompanying materials

Nazi Art Looting - Recent Case Law - Audio From Pennsylvania Academy of the Fine Arts

Published on 2013-01-31 16:51:00

Last Thursday I spoke on Nazi art looting at an event hosted by the Brandeis Law Society and

This Wednesday Copyright Law 2012: The Year in Review CLE with West LegalEd Center

Published on 2013-01-12 17:39:00

Wednesday, January 16, West LegalEdcenter is hosting a live audio CLE titled Copyright Law: The Year in ReviewBelow is the description from the West LegalEdcenter website, for more information and signup here.

Jan 24 Masterpieces & Mystery: Recovering Art Stolen From Victims of the Holocaust

Published on 2013-01-02 11:32:00

I hope that you will be able to join us at this wonderful venue in Philadelphia on Thursday, January 24.

Announcing Copyright Litigation Handbook, 2012-2013 Edition

Published on 2012-12-27 15:42:00

Federal Bar Association Rule of Law Video Contest in Hawaii

Published on 2012-12-12 04:47:00

On Friday I will be in Hawaii to announce the launch of the Federal Bar Association's Rule of Law video contest at the Fourth Annual Federal Bar Association Hawaii Conference.

CLE November 28: Removal of Copyright Cases From State Court and Preemption of State Law By the Copyright Act

Published on 2012-11-27 08:46:00

Tomorrow, November 28, West LegalEdcenter is hosting a live audio CLE titled Copyright Litigation:

Art Law - Art Litigation and Dispute Resolution Institute Detailed Agenda For This Friday

Published on 2012-11-13 18:29:00

Welcome Appraisers Association of America Annual Conference

Published on 2012-11-09 15:58:00

The Appraisers Association of America starts its national convention tomorrow at the New York Athletic Club.

EDNY World War II Veteran Judges Honored - December 5

Published on 2012-11-09 12:38:00

Art Litigation and Dispute Resolution CLE - November 16 - Register Now

Published on 2012-11-07 14:24:00

Stolen Art Lecture and Cocktails Tonight at San Francisco War Memorial

Published on 2012-10-22 12:15:00

Below is a link to a photograph of the San Francisco War Memorialhttp://twitter.com/raydowd/status/260423855913443328/photo/1Below is a link to tonight's program:http://www.csusa.org/chapters/nc/Stolen_Art_Invitation.pdfI hope you can join us! Thanks to the Federal Bar Association ND California Chapter and Intellectual Property Law Sections for hosting and to the Northern California Chapter of the Copyright Society for promoting the event.Find Ray Dowd at Dunnington Bartholow & Miller LLP Co [..]

Stolen Art: Litigating Holocaust-Era Expropriation Claims

Published on 2012-10-16 16:17:00

Cease and Desist Letters in Copyright Litigation CLE October 17

Published on 2012-10-15 19:21:00

Nazi Art Looting Lecture at Claremont McKenna College

Published on 2012-10-07 15:21:00

Tomorrow, October 8 I will be giving a lunchtime lecture titled Murder, Mystery and Egon Schiele's Dead City at the Marilyn Miner Athenaeum at Claremont McKenna Collegehttp://www.cmc.edu/mmca/temp_fn.php?volumeFN=28&issueFN=02&articleFN=5&typeFN=f#article5http://www.nypost.com/p/news/local/that_nazi_loot_art_is_mein_18eatpbSRGsvvvUlrDROII/0Find Ray Dowd at Dunnington Bartholow & Miller LLP Copyright Litigation Handbook (West 6th Ed. 2011) by Raymond J. Dowd Purchase on Amazon.com and Westlaw [..]

MoMA Refuses To Return Artworks Stolen from George Grosz #art #law

Published on 2012-10-07 14:54:00

http://www.nypost.com/p/news/local/that_nazi_loot_art_is_mein_18eatpbSRGsvvvUlrDROII/0Find 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)

ABA Entertainment and Sports Forum in Las Vegas

Published on 2012-10-05 19:28:00

Had a great day as a speaker on a panel called "The Picasso Project" about the Google Art Project. Terrific moderator LeeAnn Shelton, and co-panelists art expert Alexandra Darraby and Houston Museum of Fine Arts in-house counsel Carlotta Rodriguez. Very interesting debate and issues on the future of museums and the internet.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: CO [..]

Audio Download Available: Copyright Litigation: Preparing the Complaint - Investigation, Analysis and Documentation

Published on 2012-08-05 07:40:00

West's LegalEdCenter now has available for

Sign Up Now for 7/25 CLE - Copyright Litigation: Preparing the Complaint - Investigation, Analysis and Documentation

Published on 2012-07-17 22:30:00

Please sign up now for a lunchtime CLE offered by the West LegalEdCenter

Battling Hitler's Ghost: Time for Legislation To Return Stolen Artworks in MoMA's Collection To Holocaust Victims?

Published on 2012-07-17 14:57:00

Great new

Ethics and Copyright Litigation CLE Now Available For Download

Published on 2012-07-09 08:00:00

Join me for an hour of Ethics CLE by downloading the audio file from West LegalEdcenter website

Nazi Art Looting - Inside Germany's Most Complicated Restitution Case

Published on 2012-07-05 21:59:00

For those of you who read my post about art dealer Alfred Flechtheim yesterday, here is a link to the Spiegel article that is now available in English.This article should cause great consternation among the members of the American Association of Art Museum Directors, the folks

Artworks Stolen From Alfred Flechtheim at the MOMA

Published on 2012-07-04 20:44:00

For those who care about artworks stolen from Alfred Flechtheim, the Weimar Republic's greatest artdealer, there is a new Wikipedia page on Flechtheim in English here.

Copyright Law and Ethics

Published on 2012-06-15 19:32:00

Ethics and Copyright Litigation: What The Practitioner Needs To Know Online Course - West LegalEdcenterFind 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)

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

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 [..]

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 [..]

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 [..]

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 [..]

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 [..]

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 [..]

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, [..]

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 [..]

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 [..]

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)

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 [..]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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)

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

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

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

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

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

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

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

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

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

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"&

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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)

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

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

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

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

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

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

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

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

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

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

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

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

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]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 "

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

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

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

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.&

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 &

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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).&

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

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

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

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

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)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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)

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

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.

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

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