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Recent Posts
- Mexican flag and “taste of Mexico” not enough to deceive reasonable consumers about non-Mexican origin, 2d Cir rules
- court: there’s no right to jury trial when seeking only injunction/disgorgement in false advertising case
- alleged price bait-and-switch with large “processing fee” suffices to plead Lanham Act false advertising
- Great balls of fire: lawsuit over malt sold looking nearly identical to whisky can continue
- Second Circuit signals some minimal flexibility on Polaroid analysis in another strip club false endorsement case
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Category Archives: music
IPSC: Copyright again
Copyright History Shyam Balganesh University of Pennsylvania Law School The Questionable Origins of the Copyright Infringement Analysis Jerome Frank’s infamous/canonical © infringement test from Arnstein v. Porter, influential across the country. Step 1: actual copying, dissection allowed, expert testimony … Continue reading
IPSC, Copyright and Society
Third Breakout Session: Copyright & Society Clemens Appl & Philipp Homar, Vienna University of Economics & Business, Education 4.0: Recent Challenges to Copyright From user-generated content to user-generated copyright. Use of materials for educational purposes is one of … Continue reading
IPSC: Other IP
Other IP [Insert wry commentary about “fringe” fields like advertising law] Sarah Burstein, The University of Oklahoma College of Law Reviving Ornamentality Fed. Cir. killed the doctrine. Statute says new, original, and ornamental designs can get a design … Continue reading
Campbell conference: copyright and music licensing
Panel V. Copyright and Music Licensing (Moderator, Dean O’Connor) Peter Menell, U.C. Berkeley: We seem to approach fair use depending on how we approach our careers. Lawyers: fair use is attractive b/c it has so much potential. Social science: … Continue reading
AU IP/Gender Panel II: Documenting Communities of Practice
Moderator – Meredith Jacob, American University Washington College of Law Jhessica Reia, Center for Technology and Society at Fundacao Getulio Vargas (CTS-FGV) – DIY or Die! Gender and Creation in Marginal Music Production Straight edge movement in Brazil: … Continue reading
AU IP/Gender conference (with a keynote from me)
Reimagining IP/Gender: The Next Ten Years of Feminist Engagement with Intellectual Property Law Presented with the Women and the Law Program American University Washington College of Law February 27, 2015 For registration and more information. At the 11th … Continue reading
False advertising claims over music licensing survive
Tresóna Multimedia LLC v. Legg, 2015 WL 470228, No. CV–14–02141 (D. Az. Feb. 4, 2015) Tresóna is a music copyright licensing company that sells custom arrangement licenses for particular pieces of music, allowing the purchaser to arrange a piece of … Continue reading
IPSC part 5: more copyright
Third Breakout Session Copyright and Competition Copyright’s Technological Interdependencies Clark Asay Technological patrons depend on copyright for their motivations. Copyright is an interdependent part of broader creative systems. Dichotomy between patronage and copyright as alternative systems is wrong. They work … Continue reading
Next Great Copyright Act Conference, quasi-copyright
Quasi-Copyright Reforms Moderator: Hank Barry, Sidley Austin Rebecca Tushnet, Georgetown Law School I’m going to talk about managing the interface between copyright and several other rights—in the very first panel of the conference, Wendy Gordon reminded us that various doctrines … Continue reading
The Next Great Copyright Act Conference, music
Music Industry Specific Reforms Moderator: Lydia Loren, Lewis & Clark Law School Rube Goldberg-like design of rules, antitrust degrees, licenses, etc.: reform is hardest to contemplate, but most desperately needed. So we need some ideas. Gary Greenstein, Wilson Sonsini Goodrich … Continue reading