Monthly Archives: October 2015

Transformative works of the day

R. Sumantri MS, from Indonesia, paints DC and Marvel superheroes juxtaposed with Asian folk and mythological characters. Here: Guan Gong vs. Iron Man, Nezha vs. Batman, and Guan Gong vs. Captain America from his China New Supreme Power series. Discovered … Continue reading

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Right of Publicity Workshop Part 3

Relationship to Copyright law/Relationship to Trademark law    Dryer v. NFL will be argued to the 8th Cir. challenged by retired NFL players to continued airing of programs recounting their exploits in actual games.  Survived a motion to dismiss.  After … Continue reading

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Right of publicity workshop part 2

How is the “right” to be reconciled with the First Amendment?     Could be part of the vast universe of communication that isn’t protected speech: Fred Schauer’s writing.  Contracts aren’t protected by 1A, etc.  Could just be market behavior. That … Continue reading

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Right of publicity workshop at Yale

Right of Publicity Workshop Yale Law School Information Society Project Abrams Institute for Freedom of Expression   Chatham House rules apparently allow me to disclose my own participation, but not that of others, so I’ll just take some notes on … Continue reading

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Factor four: the most interesting part of the Google Books decision

Authors Guild v. Google, Inc., No. 13-4829-cv (2d Cir. Oct. 16, 2015) Today’s Google Books decision breaks no new ground in terms of transformativeness.  It is perhaps most interesting in its finessing of the question “what is a derivative work?” … Continue reading

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Dastar bars website trade dress claim that just repeats copyright allegations

Touchpoint Communications, LLC v. DentalFone, LLC, No. 15-cv-05240 (W.D. Wash. Oct. 9, 2015)   Touchpoint and DentalFone are Internet dental marketing companies.  Touchpoint filed a declaratory judgment action seeking a judgment of noninfringement of DentalFone’s copyrights and trade dress/lack of … Continue reading

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A technicolor rainbow of a case: Lisa Frank sues craft company for selling crafts

Lisa Frank, Inc. v. Orb Factory Ltd., No. 15-cv-00433 (D. Az. filed Sept. 16, 2015) Lisa Frank makes tchotchkes, supplies for kids, paper goods, and the like.  Lisa Frank’s claimed trade dress is   the combination of some or all … Continue reading

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