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Category Archives: Copyright

Close v. Sotheby’s Inc.: A Major Change in Artists’ Royalty Rights in California

In the 2018 case Close v. Sotheby’s Inc., 894F.3d1061 (9th Cir.2018), the United States Court of Appeals, Ninth Circuit held that the California Resale Royalties Act (“CRRA”), first made effective January 1st, 1977, is preempted by the 1976 Federal Copyright Act. California’s adoption of the The California Resale Royalties Act granted California artists an unwaivable […]

Now for The [Good] News…

by: Andrew K Jacobson The news has been dreary for some time now, and September has not been friendly in the recent past. Under all that gloom, it is easy to forget that there is a lot of good news out there: Lower Crime. Accounting for population growth, violent crime is down 48 percent over the […]

Copyright Trolls? Or an Innovative Business Model by Getty Images?

By Sharon Adams Certain large companies, including Getty Images, routinely send out demand letters claiming copyright infringement.  However, the actual validity of alleged infringement is rarely, if ever, tested in court.  Getty Images seems to have perfected the “price point” for extracting money based on weak claims of copyright infringement. Getty Images is a private […]

Copyright Concerto for Campaigning

Way back in the paleolithic era, also known as September 1984, I was driving cross-country to a Congressional internship. I was listening to a local radio station that was broadcasting live from a campaign event for then-President Reagan. To warm up the crowd, the campaign played Bruce Springsteen’s “Born in the U.S.A.,” and in the […]

Don’t Let Your Company Be a Software Theft Ring

Would you encourage your employees take a five-fingered discount from the office supply store? Probably not. Would you cheat a hard-working employee by not paying her? Of course not. However, in the press of the Great Recession, software piracy is still prevalent, and lax controls on software may be jeopardizing your company. When buying new […]

Privacy? You Don’t Got No Stinkin’ Privacy!

When someone subpoenas subscriber information from an internet service provider, does the subscriber have an expectation of privacy? In California, at least, the answer seems to be: No. In People v. Stirpo, (Second District Court of Appeal, May 16, 2011), the defendant challenged the search warrant to the internet service provider (“ISP”) that sought information […]

These Origami Artists Won’t Fold

Bay Oak Law and Haims Valentino LLP have filed a copyright infringement lawsuit against artist Sarah Morris, who used the crease patterns of at least six different origami artists. She did so without attribution or licenses.

Client Question: Does the US Gov’t Own Copyrights?

“Kim Vanderheiden of Painted Tongue Press, which does custom design invitations, business cards, and greeting cards, among many others, asks: “Does the US Government and/or its branches own intellectual property rights on its forms and publications?” As a general matter, the federal government has no copyrights. 17 USC 105 says that “Copyright protection under this […]

Client Question: Copyrighting Pictures of Buildings

The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place.

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