Intellectual Property Law Blog

Archive for the ‘Copyrights’ Category

2017 Supreme Court and Federal Circuit IP Year in Review

December 27th, 2017

Throughout 2017, Panitch Schwarze has carefully watched key intellectual property disputes at the U.S. Supreme Court and the Court of Appeals for the Federal Circuit (CAFC). The following 2017 cases will impact the protection of intellectual property in the United States.

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A Successful Association of Legal Administrators Regional Conference

December 5th, 2017

I recently attended the Association of Legal Administrators (ALA) Regional Conference in Nashville, TN on a scholarship from the First State Chapter of ALA. At the conference I attended seminars that focused on leadership, communication and innovative thinking for administrators in the legal profession.

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3 Key Takeaways from the ALA Intellectual Property Conference

November 2nd, 2017

Intellectual property law changes at an ever-quickening rate, which is one reason Panitch Schwarze takes continuing education seriously. With practice areas across the IP legal spectrum and global services spanning 28 countries, we need to be more than efficient. We need to be on top of our game.

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What Does the Brexit Vote Mean for IP Protection?

July 7th, 2016

As is well known by now, the citizens of Great Britain have chosen to leave the European Union (EU), a move popularly dubbed the “Brexit.” Despite the economic upheaval and media firestorm surrounding the vote, the realm of intellectual property law is unlikely to see any immediate consequences from the Brexit.

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How to Respond to a DMCA Takedown Notice

April 15th, 2016

So, you’ve received a Digital Millennium Copyright Act takedown notice. What do you do now? Any company with a website or a blog knows the power of content. Blog posts, photographs, videos, infographics and more are vital components of today’s digital economy – an economy that seems based on the widespread sharing of art, creativity,…

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3 Top IP Moments of 2015

January 7th, 2016

It’s that time of year when seemingly every blog and online publication posts year-end “listicles,” and, for better or worse, we are no exception. It’s more difficult for us, though, because as engineers and intellectual property attorneys, we prefer objective analysis. “Biggest,” “best,” and other superlatives are invariably laden with subjective judgment. In a year…

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Prince vs. the ‘Dancing Baby’: the Evolution of ‘Fair Use’

November 12th, 2015

Your IP attorneys have discovered a video on YouTube of a baby dancing while your – copyrighted – music plays in the background. The legal team quickly dispatches a takedown notice, claiming infringement.

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When Others Can Use Your Copyrighted Material For Free: Understanding ‘Fair Use’

October 22nd, 2015

Most artists, including photographers, writers, musicians, and more, make a living by selling the artistic works they create. Copyright protection gives these artists the exclusive, legally enforceable right to the use of that material.

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What is the Status of Patents for Software Inventions, Post-Alice?

October 15th, 2015

It has been more than a year since the U.S. Supreme Court issued its decision in Alice v. CLS Bank which ruled that the two-step Mayo analysis should be applied to all patents in determining patent eligibility under 35 U.S.C. 101. While this analysis provides a few bright line rules (e.g., implementing a known process using generic computer elements is not patentable), it failed to offer any clarity regarding how to perform the two-step Mayo analysis on software inventions, which requires determining whether an abstract idea is recited, whether there is preemption of the abstract idea, and whether an “inventive concept” is recited such that the invention is directed to something “significantly more” than the abstract idea itself.

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When is a “Private” Music Performance Actually Public?

April 23rd, 2015

When it comes to performing music, whether recorded and played or performed by a live band, one of the trickiest aspects to navigate for music copyrights is the definition of “private” versus “public” performance. What constitutes a “private performance” is complex, and has been the basis of many court cases. It often is a matter…

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