The Bottom Line When considering using graffiti or street art as part of a commercial production, including in advertising, social media or other marketing efforts, the same considerations addressed when clearing the use of other copyrighted or trademarked materials should be taken into account. Continue Reading
The Copyright Society of the USA | The Copyright Society of the USA Best Practices and Lessons Learned in Digital Image Licensing
On May 30, Ashima Dayal, Davis+Gilbert Intellectual Property + Media partner, will be a featured speaker at a panel titled "Best Practices and Lessons Learned in Digital Image Licensing," hosted by The Copyright Society of the USA, to be held in New York City. Session Overview Visual Continue Reading
Inline Links to Unlicensed Third-Party Content Now May Be Copyright Infringement
5th Edition: Trends in Marketing Communications Law For years, copyright attorneys throughout the country have relied on a decision from a Federal appellate court in the 9th Circuit (California and surrounding states) to advise clients that they may safely place on their websites unlicensed Continue Reading
The Ninth Circuit’s “Blurred Lines” Decision: What Advertisers Should Know
The Bottom Line The Ninth Circuit's decision in the "Blurred Lines" case raises more uncertainty in the area of music copyright law. While many experts still maintain that "style" and "groove" are not protectable by copyright, the Ninth Circuit's decision to uphold the 2015 jury verdict establishes Continue Reading
PRSA National Capital Chapter (NCC) Annual Public Relations | Issues of the Day
Ashima A. Dayal, Davis+Gilbert Advertising + Marketing partner, will present at the PRSA National Capital Chapter (NCC) Annual Public Relations "Issues of the Day" for Associations and Nonprofit Organizations, taking place on January 25 in Washington, D.C. Ms. Dayal will lead roundtable discussions Continue Reading
Westlaw | State Interpretations of Copyright’s ‘Bundle of (Drum) Sticks’: The Dilemma of Pre-1972 Sound Recordings
Breach Of Contract Claims Allowed For Alleged Open Source License Violations
The Bottom Line A recent California decision allowed breach of contract claims for GPL violations in connection with the use of open source software. As the decision shows, reliance on arguments that the GPL is not a contract or that corresponding contract claims are preempted by copyright law may Continue Reading
Can Anyone Be Happy Together After Sirius XM Copyright Decision?
4th Edition: Trends in Marketing Communications Law Flo & Eddie Inc., the owner of the sound recordings such as "Happy Together" created by the 1960s band The Turtles, brought suit against Sirius XM on behalf of itself and a class of pre-1972 sound recording owners for broadcasting numerous Continue Reading
Courts, Not Congress, Are Resolving Copyright Issues
4th Edition: Trends in Marketing Communications Law The most significant developments in U.S. copyright law will be coming from the courts and not elected officials this year, continuing a trend from 2016. Congress is not expected to expand copyright protection for clothing, combat offshore Continue Reading