Contours of Copyright: Supplementary Note to “The States Win One and Lose One.”

Earlier this month we reported on two Supreme Court cases affecting states’ rights under copyright law. The victory for states came in Allen v. Cooper, which held that the Copyright Remedy Clarification Act of 1990 lacked a proper constitutional foundation to abrogate states’ immunity, under the 11th Amendment, from private copyright infringement suits. The Court …

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Contours of Copyright: The States Win One and Lose One 

Two recent U.S. Supreme Court cases affect the rights of states under copyright law, one pro-state, one anti-state (really more pro-public). In his new copyright article, Howard Zaharoff discusses the Court's rulings in Georgia v. Public.Resource.Org Inc. and Allen v. Cooper, Governor of North Carolina. The state loss was Georgia v. Public.Resource.Org. Inc. (decided April 27, …

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Supreme Court Rules Works Must Be Registered Before Copyright Owners May Sue

On March 4, 2019, the Supreme Court unanimously held in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, et al., that the statute requiring copyright owners to register their works before suing means that no suit for infringement can be brought until the Copyright Office officially approves the copyright claimant’s application for registration (or officially …

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2017 Intellectual Property Year in Review

2017 marked another active year for intellectual property law. Patent law took center stage at the Supreme Court, wherein established precedent on infringement suit jurisdiction and laches were overturned. As we move into another year that is sure to be full of cases that reshape the IP landscape, intellectual property attorney Bill Schmidt looks back …

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Amanda Schreyer Named Co-Chair of New England Copyright Society Chapter

MBBP counsel, Amanda Schreyer, has been named co-chair of the New England chapter of the Copyright Society of the U.S.A. The Copyright Society is a non-profit organization aimed toward copyright law awareness and education. Its mission is to "foster interest in and advance the study and understanding of copyright law in literature, music, art, theater, …

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Howard Zaharoff Highlights 2016 Copyright Legislative and Regulatory Developments

While many are reflecting on the key copyright cases of 2016, Howard Zaharoff states the necessity of noting the important copyright legislative and regulatory developments that also took place. In his most recent article, Copyright Law: Legislative and Regulatory Developments, Howard discusses developments by the House Judiciary Committee, the Small Copyright Claims Tribunal, and the new …

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Infringement v. Homage: Pharrell Williams, et al. v. Bridgeport Music Inc., et. al.

By: Callie L. Pioli The music industry did not get far into 2015 before delivering a blockbuster copyright case. Pharrell Williams’ and Robin Thicke’s 2013 hit Blurred Lines was in fact only 50% their hit, according to a jury verdict in mid-March that found in favor of Marvin Gaye’s children.  As co-owners of his original …

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