copyright infringement
Coming changes to the Digital Millennium Copyright Act, Daily Journal (July 1, 2020)
The 1998 Digital Millennium Copyright Act (DMCA), was designed to protect copyright owners from unauthorized use of their works on the internet and to protect online service providers (OSPs) from legal responsibility for their users’ infringing acts. Under DMCA’s “safe harbor” provision, OSP’s are immune from such liability so long as they implement certain steps…
Ruling Will Make It Harder to Prove Copyright Infringement, Daily Journal (April 3, 2020)
In an article published in the Daily Journal, Dr. Dariush Adli discusses a recent 9th Circuit Court of Appeals ruling, which will likely make it harder for copyright owners to prove infringement of their works. The en-banc decision overruled a 43 year old 9th Circuit precedent, known as the “inverse ratio rule,” under which a copyright owner…
A Picture’s Worth A Thousand Words – And Maybe A Lawsuit
What do Gigi Hadid, Katy Perry, Nicki Minaj, Ariana Grande, Jennifer Lopez, Khloe Kardashian, and Victoria Beckham have in common? They’re just some of the celebrities, big and small, who’ve been sued for copyright infringement by photographers, often paparazzi, for posting photos on their own social the photographers took of them. Often, this was after…
Hybrid Strategy for Optimal Protection of Cannabis Intellectual Property
As of the date of this article, nine states and Washington, DC, have legalized Cannabis for recreational use. Another 21 states have legalized medicinal use of Cannabis. According to a recent report Legal marijuana sales topped $9.5 billion in North America in 2017, representing a 33% increase over 2016, and sales are projected to reach…
No Fake News Here. Your Website or App Content Can Get You Sued for Copyright Infringement, Unless It Complies with New Law
President Trump regularly says you can’t trust the media. He’s 100% right — if he’s talking about a type of digital media. This would be the third-party content, such as videos, photos, and posts to chat rooms, bulletin boards, and discussion forums, that are hosted on a site or app (“Site(s)” for purposes of this…
Should Musical Works be Entitled to ‘Broad’ or ‘Thin’ Copyright Protection?, The Recorder (June 12, 2018)
In an article for The Recorder, Dr. Dariush Adli examines the hotly disputed legal issue between the majority and dissent in the recent, highly publicized, U.S. Court of Appeals for the Ninth Circuit “Blurred Lines” decision. That decision weighed in on whether Marvin Gaye’s 1976 hit song “Got to Give it Up” was entitled to…
Is Margiela Purposely Playing with Burberry’s Fire?
Burberry is well known for fiercely protecting its Brand. No later than last year, the company filed a lawsuit against the rapper and producer Perry Noise, Aka “Burberry Perry.” Noise was not only using the protected word mark “Burberry”, but also the federally registered check pattern and equestrian trademark in connection with his album, online marketing…
Let’s Define Intellectual Property
Welcome to the first part of our new series regarding intellectual property and the way that it is handled legally. For all individuals that are creative, this information is extremely beneficial and helpful when ensuring that your ideas remain your own. We believe that the best way to start this series is from the foundation…