Archives: Copyright

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Recent District Court Case May Signal Expanded Copyright Liability for E-Commerce Websites

CafePress, the popular website that allows users to upload an image and then have that image printed onto a t-shirt, shower curtain, flask, or pretty much anything else you can imagine, was recently sued by an artist whose artwork was put onto several CafePress items without his consent. CafePress’s inability to get out of the … Continue Reading

U.S. Supreme Court Affirms Broader Reach for False Advertising Claims: Lexmark v. Static Control

In a unanimous decision announced today, the United States Supreme Court upheld an expansive interpretation of the false advertising prong of the Lanham Act (15 U.S.C. s. 1125(a)), which decision will allow a broader range of commercial interests to bring false advertising claims. As we reported earlier in this blog, the question asked of the Supreme … Continue Reading

Copyright Protection and Useful Articles–Generally Not a Good Combination

Copyright protection is a relatively cheap and a very long term protection for works of authorship. But unfortunately, copyright protection in the United States generally does not cover the protection of useful items (think furniture, lamps, beverage bottles, now hookahs) unless the protectable work of authorship is either physically or conceptually separable from the useful article. This … Continue Reading

Copyright Damages Are Not Linked to the Three-Year Statute of Limitations for Copyright Claims

In Nashville, songwriters’ rights are protected vigorously, as the Nashville district court confirmed in Castronuovo v. Sony Music. There, the district court for the Middle District of Tennessee recently ruled in a dispute over the authorship of certain songs that, if a claim is not barred by the three-year statute of limitations for copyright actions (17 … Continue Reading

Supreme Court to Decide Legality of “Place-Shifting”

Legend has it that cable television was originally invented during the 1940s as a means for isolated rural communities to receive over-the-air television broadcasts by siting a community antenna on the highest mountain, and then running cables down to the valley where the television audience (who could not otherwise receive the signal) resided. Of course, … Continue Reading
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