How Long Is a “Transitory Duration”?
Normally, you don’t need anyone’s permission to use a copyrighted work. If you buy a book, you may read it. If you are given a painting, you may enjoy it. If you take a knick-knack from your grandma, you may display it with pride.1It’s actually more complicated
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Tara is Asked to Re-Join INTA’s Data Protection Committee
After serving two years on the Best Practices subcomittee of the International Trademark Association’s Data Protection Committee, Tara was selected to remain on the committee for another two-year term. Her current work on the committee includes drafting best practices for brand owners in the especially challenging area of international data transfers in the wake of…
How Might I Own the Copyright? Let Me Count the Ways
All the Ways in One Case
You can’t enforce what you don’t own.1For a certain value of “own.” jQuery(‘#footnote_plugin_tooltip_5888_6_1’).tooltip({ tip: ‘#footnote_plugin_tooltip_text_5888_6_1’, tipClass: ‘footnote_tooltip’, effect: ‘fade’, predelay: 0, fadeInSpeed: 200, delay: 400, fadeOutSpeed: 200, position: ‘top right’, relative: true, offset: [10, 10], }); That might seem fundamental to copyright law, but it’s frequently overlooked…
Thank you for Ten Incredible Years
WHO WE WERE AND WHO WE ARE
We are so thrilled to share this milestone with you. Ten years ago, Rick and Tara opened the doors on a law firm built to serve technology start-ups and small businesses in Nashville. We began as an intellectual property, technology and dispute resolution firm. Since that time, we…
Schrems II left a mess, and other data protection news
I recently co-authored a short article earlier this month for the International Trademark Association Bulletin. In it, we discuss the recent cross-border data transfer issues wrought upon the EU and the US since the Schrems II decision last year and its aftermath. In fact, the decision has messed with data transfers out of the EU…
Oracle Fought Google. Transformativeness Won.
Oracle v. Google Is Over. And Rick Can Stop Blogging About It Forever.
I was in the middle of writing a blog post about The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith—you know, the one about Andy Warhol’s use of a photograph of Prince1The musician, not Richard Prince, the…
Some Fireworks on Our Way to Oracle v Google
The Case That’s More “Oracle v. Google” Than Oracle v. Google
While we wait for the Supreme Court to hand down its decision in Oracle v. Google, we can have some fun with a case that might be exactly what folks are afraid Oracle v. Google is: use of copyright law to inhibit competition…
Trademark Law Is Presumptuous Again
Party Like it’s 2006
I mentioned last time that the gigantic Consolidated Appropriations Act, 2021 (remember that?) had three “IP”-related Easter eggs, two for trademark and one for copyright. I blogged about the copyright one last time, the “copyright small claims court.” Tara has previously blogged about the trademark Easter Eggs, but I wanted…
New Small-Claims Court for Copyright Claims (But Don’t Get Too Excited)
Last time, Tara discussed one of the three intellectual-property Easter eggs in that massive must-pass “Consolidated Appropriations Act, 2021.” You probably know the bill better as “that gigantic omnibus spending bill” or perhaps the “COVID-19 Relief Bill.” Tara discussed the two trademark-related Easter eggs. I’ll focus on the copyright one now.
The copyright Easter…
Major changes coming to U.S. Trademark Law
On December 27, 2020, the Consolidated Appropriations Act, 2021 was signed into law. This massive 5660 page bill consolidated Covid-19 economic assistance to America with an omnibus 2021 bill that covers everything from pipelines to Asian carp. It also resolves a decades-long discussion in U.S. copyright circles by enacting a small claims adjudication body, makes…