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Articles by Jacob Tracer
MSCHF In Applying Jack Daniel's?: The Second Circuit's Decision In Vans, Inc. v. MSCHF Product Studio, Inc.
This client alert provides an update on case law following the Supreme Court's decision in Jack Daniel's Properties, Inc. v. VIP Products LLC. For the prior client alert on the Jack Daniel's decision, click here. On December 5, the Second Circuit issued a decision in Vans, Inc. v.
Unpacking The Supreme Court's Decision In Jack Daniel's Properties, Inc. V. VIP Products LLC
Last week, the Supreme Court issued its decision in Jack Daniel's Properties, Inc. v. VIP Products LLC, a trademark case addressing how the Lanham Act intersects with the First Amendment. While the parties each argued for broad holdings in their briefs and at oral argument, the Court took a "narrower path" in resolving the case.
Copyright: Global overview
During the past year, copyright law around the world continued to evolve to address advances in technology. National legislation, international treaties and judicial decisions in various countries all reflect efforts to strike the appropriate balance between encouraging creativity by providing meaningful protection of intellectual property rights and encouraging the continued growth and development of new technologies.
Putting The
The Supreme Court's recent and much-anticipated decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith redefines the contours of the fair use defense to copyright infringement. The Court ruled in favor of respondent Lynn Goldsmith, holding that the licensing to a magazine of an Andy Warhol print depicting the recording artist Prince did not constitute fair use of Goldsmith's photograph on which the print was based.
Snapshot: the scope of copyright in USA
Subject matter and scope of copyright Protectable works What types of works may be protected by copyright? US copyright law protects any qualifying ‘original works of authorship’ that are fixed in a tangible medium of expression so as to be perceptible for more than a transitory duration. The fixation need not be directly perceptible, as long as it may be perceived with the aid of a machine or device.
Q&A: copyright ownership and transfer in USA
Ownership and transfer Eligible owners Who is the owner of a copyrighted work? The general rule is that the author of the work initially owns the copyright. A corporate entity can be considered the author in the case of a work made for hire. The initial owner of the copyright may assign its rights. Employee and contractor work May an employer own a copyrighted work made by an employee?
U.S. Supreme Court Holds That Mistakes Of Both Law And Fact Can Excuse Inaccurate Copyright Registrations
The U.S. Supreme Court has issued its opinion in the closely watched case of Unicolors, Inc. v.
In brief: copyright infringement and remedies in USA
Copyright infringement and remedies Infringing acts What constitutes copyright infringement? Copyright infringement occurs when a party violates any of the copyright owner’s exclusive rights.
Snapshot: the scope of copyright in USA
Subject matter and scope of copyright Protectable works What types of works may be protected by copyright? US copyright law protects any qualifying ‘original works of authorship’ that are fixed in a tangible medium of expression so as to be perceptible for more than a transitory duration. The fixation need not be directly perceptible, as long as it may be perceived with the aid of a machine or device.
Q&A: copyright ownership and transfer in USA
Ownership and transfer Eligible owners Who is the owner of a copyrighted work? The general rule is that the author of the work initially owns the copyright. A corporate entity can be considered the author in the case of a work made for hire. The initial owner of copyright may assign its rights. Employee and contractor work May an employer own a copyrighted work made by an employee?
Supreme Court Holds That Mistakes Of Both Law And Fact Can Excuse Inaccurate Copyright Registrations
United States: Supreme Court Holds That Mistakes Of Both Law And Fact Can Excuse Inaccurate Copyright Registrations 08 March 2022 by Steven R. Englund , Jacob Lincoln Tracer and Edward Crouse Jenner & Block To print this article, all you need is to be registered or login on Mondaq.com. Last week, the Supreme Court issued its opinion in the closely watched case of Unicolors, Inc. v.
Supreme Court Holds that Mistakes of Both Law and Fact Can Excuse Inaccurate Copyright Registrations | JD Supra
Last week, the Supreme Court issued its opinion in the closely watched case of Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., holding 6-3 that a copyright registrant’s lack of knowledge of errors of either law or fact can excuse inaccurate statements in a registration application and the resulting registration.
NY Art Disputes Highlight Fame's Role In Copyright Suits
Law360 (October 7, 2020, 4:29 PM EDT) -- Copyright law does not generally protect famous artists more than lesser-known ones.
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