Copyright and Publicity Rights in the Museum Context
On July 6, 2018, Fundació Gala-Salvador Dalí (the Dalí Foundation) filed a complaint in in the United States District Court for the Northern District of California alleging that the Dalí17…
Scandal, Disrepute, and the Future of First Amendment Challenges to the Lanham Act
On April 15, Malcolm L. Stewart, Assistant Solicitor General of the United States, in keeping with a centuries-old tradition, wore a morning coat to argue before the Supreme Court of…
Copyright Strikes as a Tool for Censorship, Bullying, Extortion
With the advent and then explosion of consumer internet access in the 1990s, a concomitant threat of massive, anonymous, and difficult-to-trace copyright infringement also arose. Congress faced significant pressure from…
Why Public Figures Should Receive Heightened Defamation Law Protection
At common law, defamation actions were meant to compensate individuals for any harm to reputation they suffered as a result of any defamatory communications made by speakers to third parties.…
Palin v. New York Times Company: A Potential Change to Defamation Law and Freedom of the Press
The Supreme Court has consistently recognized a profound national commitment to a free press and the “principle that debate on public issues should be uninhibited, robust, and wide-open.” New York…