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Copyright

Sherlock Holmes and The Adventure of the Copyright Court

What makes a fictional character who they are? Would Darth Vader be Darth Vader without being Luke Skywalker’s father? Would Harry Potter be Harry Potter without defeating Voldemort? An American court will be asked to decide just that in Klinger v Conan Doyle Estate.

To Poach a Mockingbird: Harper Lee’s Trade-mark Battle

So much for southern hospitality. Celebrated American author Harper Lee finds herself embroiled in a trademark clash for the right to register the title of her own 1961 Pulitzer-winning novel, To Kill a Mockingbird.

Implementing Fair Dealing in Copyright Law: Lessons from Australia

In June 2012, the Australian Law Reform Commission received terms of reference for a review of free exceptions and statutory licences in the Copyright Act 1968 (Cth).[1] The Commission’s Issues Paper, released in August 2012, contained fifty-five questions on which responses were sought.[2] The bulk of these questions focused on empirical and normative matters regarding discrete […]

Amsterdam Court of Appeals: No Copyright for an Inarticulate Criminal

Can the content of conversations between a famous criminal and police agents taking place in the backseat of a car be protected by copyright? This question, addressed to the Dutch courts in 2006, resurfaced in recent weeks after the decision of the Amsterdam Court of Appeals in the case Endstra Tapes.

Announcing the 2013 IP Intensive Program

We are pleased to announce details of the 2013 Intellectual Property Law and Technology Intensive Program.  The tremendously successful program is currently in its third year, but it is continuing to grow. We are excited to announce the offering of three brand new placements for 2013, and the return of an excellent placement from the […]

Running An Unsecured WiFi Network Is Still Not Negligent

Bleiberg Entertainment was unsuccessful in its argument that running a WiFi network without password protection is negligent in tort law. Bleiberg was aiming to force disclosure of ISP subscriber information to launch copyright infringement actions against those connected to the disclosed IP addresses. Not knowing if those subscribers were directly connected with the infringement, Bleiberg attempted to argue they were nonetheless […]

Copyright and the “Marvel Method” – Jack Kirby’s Heirs Lose On Appeal

On August 8th 2013, the United States Court of Appeals for the Second Circuit upheld a lower court ruling that comic book artist Jack Kirby’s contributions to Marvel were “made for hire”, and therefore ineligible for copyright termination notices under §304 (c) of Title 17 of the United States Code.