Tag Archives: copyright

Use of under 10% of photos in catalogue raisonné was fair use

De Fontbrune v. Wofsy, No. 5:13-cv-05957-EJD (N.D. Cal. Sept. 12, 2019) De Fontbrune first sued defendants in France in the late 1990s for publishing a book, The Picasso Project, which reproduced photographs of Picasso’s works. (Defendants allegedly used over 1400 … Continue reading

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Dastar bars Lanham Act claims against unauthorized copying of photo for album cover

Patterson v. Diggs, No. 18-CV-03142 (NSR), 2019 WL 3996493 (S.D.N.Y. Aug. 23, 2019) Patterson is “an internationally known photographer” who took photos of “a nickel-silver casing created by nonparty Moroccan company Yahya Creation” without a written contract and without being … Continue reading

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IPSC: Closing Plenary

Stephanie Plamondon Bair, Brigham Young University J. Reuben Clark Law School Innovation’s Paradox Innovation begets innovation in a virtuous cycle … at least sometimes. Not all innovations are productive, which is fine; it’s trial and error. But some innovations may … Continue reading

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IPSC: Copyright History

Bruce Boyden, Marquette University Law School Substantial Similarity, from Equity to Legal Process Multistep tests as recent inventions. Test for infringement was created in a very different legal environment and many of its current problems stem from the fact that … Continue reading

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IPSC: Fair Use

Matthew Sag, Loyola University Chicago School of Law The Missing Theoretical Foundation of Transformative Use Campbell v. Acuff Rose had lots of changes to the work and explicit critical stance v. original—the only reason the Sixth Circuit held not fair … Continue reading

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A Celebration of the Work of Wendy Gordon, part 4

A Natural Right to Copy by Glynn Lunney, Texas A&M University School of Law Thanks to the great women who encouraged intellectual honesty in topics and analysis of topics, not just Gordon but also Litman, Samuelson, others.  Gordon doesn’t agree w/how far … Continue reading

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A Celebration of the Work of Wendy Gordon, part 3

Death in Copyright: Remarks on Duration by Abraham Drassinower, University of Toronto Faculty of Law What would a rights based account of duration look like?  Really about death, not duration. Patents have a fixed term; trademark registrations also persist for a specific amount … Continue reading

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A Celebration of the Work of Wendy Gordon, part 2

Harmless Free Riding by Wendy Gordon, Boston University School of Law  (Additional related drafts from Wendy: Time and Intellectual Property After Coaseand Proximate Cause in the Law of Copyright: Linking Liability to Incentives) Common law imposes penalties on those who harm much more readily than … Continue reading

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A Celebration of the Work of Wendy Gordon

A Celebration of the Work of Wendy Gordon, Boston University School of Law A Cover Note from Wendy Workshop Schedule Intellectual Property Harms by Jessica Silbey, Northeastern University School of Law From book focusing on the idea of progress in IP law, with … Continue reading

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CopyrightX: Article 13

Panel Two: Online Service Providers, Automated Anti-piracy Systems, and Article 13 [like CDA 230, it may never lose the initial number even if it no longer fits the statutory numbering] Moderator: Jennifer Esch Giancarlo Frosio: Copyright and Article 13 Summary … Continue reading

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