Why the Innovative Design Protection Act Is a Good Thing
Although U.S. intellectual property laws cover a wide range of industries, they have lagged behind in the world of fashion design. U.S. laws are much less protective of fashion designs…
DRM and Blockchain: A Solution to Protect Copyrights in the Digital World?
In the artistic world, the development of the Internet, while creating a tremendous way for artists to spread their work worldwide and gain in notoriety, created an environment very much…
“We’ve been Banksy-ed”: Intellectual Property Ramifications of Self-Destructing Art
On Friday night, October 5, 2018, attendees at Sotheby’s Auction House in London, got quite the surprise. Moments after being sold for $1.4 million (£1,042,000) to the highest bidder, the…
Star Athletica and the Future of Design Litigation
For decades, the fashion industry has gone without the rigorous copyright protections that other creative industries have enjoyed. That may be rapidly changing. Historically, copyright law has provided little protection…
Richard Prince, Copyright, and Appropriation Art: A Personal Perspective on Graham v. Prince , 265 F.Supp.3d 366 (S.D.N.Y. 2017)
The purpose of Copyright Law as enumerated by the United States Constitution is to “promote the progress of Science and useful Arts.” Artistic works are protected by copyright so that…
Copyright Office Review Board Denies Copyright Registration for Two Corporate Logos
Despite the growing pressure on corporations and organizations to strengthen legal protection of their corporate logos, their attempts to enlarge the utility of copyright law for this purpose have proven…
Music Modernization Act: A Bill to Help Songwriters Pay Their Bills?
In the past twenty years, the state of the music industry has changed dramatically. Between 1998 and 2014, the industry was in crisis. Total revenue from U.S. music sales and…
An Unstoppable Force Meets an Immovable Object: A Glimpse at the Emerging Effects of the DMCA’s Anti-Circumvention Provision on the Internet of Things
Next year will mark the twentieth anniversary of the passage of the Digital Millennium Copyright Act (“DMCA”), Congress’s controversial response to novel copyright protection issues posed by digital media and…
Interview: Professor Fromer and the Star Athletica case
In this interview, Jeanne Fromer, professor at NYU School of Law, discusses her experience filing an amicus brief in the Star Athletica, L.L.C. v. Varsity Brands, Inc. case decided this…
Theatrical Parody in an Age of Uncertain Fair Use in the Second Circuit
Fair use doctrine has been challenged and stretched by the technological leaps and bounds of recent years. In the recent Second Circuit case, Author’s Guild v. Google, the court grappled…