Intellectual Property

Facebook’s New Photo-As-Comment Feature Will Raise IP And Ownership Questions

Facebook now permits users to upload photos as comments on the status messages of others. Those photos could be third party images. Is this “fair use”?

Patent Troll Myths?

The writer looks at what he characterizes as pervasive media-hyped myths about non-practicing entities.

Ferment In TV-Media Industries Continues With Two Appeals Court Actions

Last week the Court of Appeals for the Ninth Circuit  held that Dish Network, with its line of digital video […]

The Troll Speaks

Is he sticking up for the little guy or muscling a settlement where there is no case? A New York […]

Is “Happy Birthday” Under Copyright?

Music publisher Warner Chappel says that it acquired the rights to “Happy Birthday to You” in a 1998 purchase, and […]

Induced Infringement Now Harder to Prove

An induced-infringement claim may arise, for example, when a company sells a product  which then gets used to implement a […]

Prince Decision Freed Up “Transformative” Use of Copyrighted Images

An attorney who advises clients on fair use explains why she considers the Second Circuit Court of Appeals decision in […]

Next Troll Target: Design Patents

The potentially vague “ordinary observer test” and the statutory right to recover the infringer’s total profit make design patents attractive targets.

Largest Chinese Wind Generator Company Charged With IP Theft

The New York Times reports the largest wind generator company in China, two of its executives, and a former employee have been indicted for IP theft.

Supreme Court Wants “Rule Of Reason” To Govern Payments To Generics

The popular version is “they pay off the generics to keep them out of the market,” and the Supreme Court did not…

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