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Visual Artists Rights Act of 1990 (VARA)

Graffiti Earns Millions A staple of the New York City Skyline – well, maybe just an old warehouse building in Long Island City is torn down. Why does that matter – well the building featured graffiti art from hundreds of...

Drake Plays Fair (Use)

Although the music industry is always evolving with new music being created, many artists will look back to music of the past and incorporate it in their new works. Many artists, particularly in hip-hop and electronic often use pieces of...

Don’t Do the Crime if you Can’t Pay the Ten Billion Dimes

On Thursday December 19th, 2019, Cox Communications, Inc. (“Cox Communications”) was found liable for copyright infringement of over 10,000 recordings and compositions. Each individual infringement will cost them over $99,000 adding up to a one-billion-dollar verdict. Yes, that is $1,000,000,000....

Protecting the Playas

History of the Players If you’ve heard of pop-phenomenon singer-songwriter TAYLOR SWIFT then you surely have heard of her song “Shake It Off” released back in 2014. The song is certified 9x platinum. Well, the anthem has caused some controversy...

YouTube Has Your Back

Safe Harbors Save YouTube Recently, a YouTuber – Chris Brady (not related to the Bunch) – allegedly used his YouTube page and the protections of the Digital Millennium Copyright Act (DMCA) to extort money out of fellow subscribers. YouTube found...

A U.S. Trademark Application Requires a U.S. Attorney

What’s New? As of August 3rd, 2019 all foreign-domiciled trademark applicants, registrants and parties to Trademark Trial and Appeal Board proceedings - yes Canada this includes you with limited exceptions - will be required to be represented by an attorney...

What the Fuct?

Ending a nearly two year debate the Supreme Court, in Iancu v. Brunetti No. 18-302 (U.S. June 24, 2019), finally reached a decision on whether the Lanham Act provision ban on the registration of “immoral or scandalous” trademarks is constitutional…the answer is...

Moral Rights… WHAT ARE THOSE?

Originating from the French term droit moral, moral rights refer to the personal rights of an author of any creative work related to the association between the author and the work itself. Moral rights go beyond the monetary and economic...

Federal Trademark Protection for Hemp Derived Cannabis Products Now a Possibility

2018 Farm Bill and its Impact on Trademark Law Although marijuana has become legal in many states, either medical and/or recreational, it is still illegal under federal law. According to case law and the rules of the United States Patent...

Supreme Court Comes to a Major Copyright Law Decision

When Does Copyright Registration Occur? In a unanimous Supreme Court decision, copyright owners seeking protection must now wait for the Copyright Office to act on an application for registration before they can pursue infringement claims in court. Based on the...

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