No Safe Harbor: YouTube’s Content Id and Fair Use
Robert Andrea YouTube is arguably the world’s foremost platform for user-generated content. When users upload material to YouTube, there is a possibility that the uploaded content is protected by copyright. Under traditional copyright law, YouTube is technically liable for allowing copyrighted material to be disseminated. But the Digital Millennium Copyright Act (DMCA) insulates YouTube and other internet service providers from liability if the companies take certain steps to filter out copyrighted material. For YouTube, the only feasible way to fulfill its copyright protection obligations is to utilize automated copyright protection software. Nevertheless, YouTube’s software, Content ID, and the copyright policies...
Misbehaved Marks: Exploring the Implications of Iancu v. Brunetti
Devon Sanders In Iancu v. Brunetti, the Supreme Court decided that the First Amendment barred the United States Patent and Trademark Office from denying trademark registration for “immoral or scandalous” marks. This marked the first time that owners could register potentially obscene or derogatory marks. This decision changes the future of trademark registration and leaves lasting repercussions throughout trademark law in general. This Article explores the history of trademark law’s ban on registration for immoral or scandalous marks, recent judicial reform with Iancu v. Brunetti and its implications, and potential solutions to challenges caused by the decision. Read Full Text...
Litigation Misconduct and the Inequitable Conduct Defense: An Argument for Limiting Regeneron Pharmaceuticals, Inc. v. Merus N.V.
Connor Romm Inequitable conduct is a defense to a claim of patent infringement that can invalidate the underlying patent. At its inception, the defense was meant to encourage honest representations in the patent prosecution process. It later morphed into a source of troubling litigation tactics. In May 2011, in Therasense, Inc. v. Becton, Dickinson & Co., the United States Court of Appeals for the Federal Circuit, sitting en banc, sought to address disturbing trends in the doctrine and raised the standard required to prevail on the defense. In July 2017, in Regeneron Pharmaceuticals, Inc. v. Merus N.V., the same court...
IP Protection for Startups: The Role of Legislation in Stopping Patent Trolls and Encouraging Innovation
Kristin Garr In the past five years, the rate of startups entering the market has drastically increased, and it continues to see an upward trend, giving rise to the phenomenon known as the “startup boom.” While the United States Patent and Trademark Office (“USPTO”) has implemented major changes to the patent system in the past decade, the agency has not been able to address the problem that is crippling the success of emerging companies: patent trolls. Various states’ legislatures have recognized this issue and enacted statutes prohibiting bad faith patent assertions as a result. This article explains the startup industry’s...
Blockchain and Copyright: Vain Hope for Photographers?
Jason Kim Blockchain technology has near unlimited application potential, and its influence could extend all the way to the copyright industry. For photographers, blockchain technology might serve as a safe and efficient tool to detect infringement. However, this notion must be treated with caution. Blockchain’s security applications are indeed a valuable prospect, but the technology has critical flaws that prevent it from becoming the panacea for photographer. Read Full Text Here
Protection of Characters: Creator of The Moodsters Sues the Walt Disney Company over Allegedly Stolen Characters
Bertie Magit Movie studios, authors, musicians and other creative-types frequently find themselves on the receiving end of lawsuits for copyright infringement. Factual elements such as whose idea was first and whether the original work was protected under copyright may become wholly irrelevant if the two works are markedly different. In June 2017, Childhood Development expert Denise Daniels filed a complaint against The Walt Disney Company for copyright infringement of her anthropomorphous, color-coded emotion characters she originally conceived as The Moodsters. Daniels alleged that these characters were the real inspiration for Disney-Pixar’s Inside Out and Walt Disney Company has stolen the...
YouTube’s ContentID Copyright Infringement Flagging System: Using Its Corporate-Assuaging Origins in Viacom v. YouTube as a Jumping-Off Point for the Way It’s Been Used and Altered over the Years
Emily Tate The idiosyncrasy of the Internet often invites colorful analogies in its description: high seas and piracy, Wild West and lawless frontier. This is not undeserved; despite great strides over the course of its development, the Internet remains unexamined and unregulated in many ways, and the regulations that do exist are largely self-governed. Copyright law in particular has proven contentious for lawmakers who are forced to balance digital rights management on a massive scale with the rights of end users. Nowhere is this conflict more apparent than in the practices of the video-sharing juggernaut YouTube. Read Full Text Here
Copyright Issues and Implications of Emerging Virtual Reality Technologies
Lauren E. Beausoleil Virtual reality (“VR”) technologies allow users to experience three-dimensional, multi-sensory environments (“virtual worlds”). This new and rapidly-developing technological platform is promising, but does not come without legal challenges. Issues regarding copyrights for virtual worlds and creations within those worlds can be expected. This article involves an exploration into potential application of copyright law to virtual reality technologies, focusing on what might be protected by copyright, potential infringement challenges, and how enforcement of these copyrights might play out for both users and developers. Read Full Text Here
Antitrust Issues in Reverse Payment Settlements: Federal Trade Commission v. Actavis, Inc. et al., a Case Study
Amanda Creedon In Federal Trade Commission v. Actavis, Inc., the Federal Trade Commission (FTC) filed a complaint alleging that reverse settlement payments were unfair restraints of trade and therefore violated federal antitrust laws. The Supreme Court held that reverse payment settlements in patent infringement litigation are not presumptively unlawful but can sometimes violate antitrust laws, to be determined on a case-by-case basis. The settlements are not immune from antitrust attack even if the agreement’s anticompetitive effects fell within the scope of the exclusionary potential of the patent. Read Full Text Here
Awarding Enhanced Damages in Patent Infringement Cases
Michael Thomas This term the Supreme Court will take up the issue of awarding enhanced damages in patent infringement cases. Two separate cases petitioned the court to take up the issue after defendants were spared enhanced damages following some questionable activity. The current test used in awarding enhanced damages is a two-part test implemented by the Federal Circuit that incorporates an objective and subjective component. Read Full Text Here