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When YouTubers Cry: Prince Concert Videos Deemed Not Fair Use

By Nicholas J. Krob

Last week, U.S. District Judge Leo T. Sorokin granted summary judgment in favor of the estate of the late artist Prince regarding its claim of copyright infringement against Kian Andrew Habib, who had previously posted six Prince concert videos to his YouTube channel. In doing so, Judge Sorokin rejected Habib’s fair use defense, claiming Habib’s […]

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Notable Works Entering the Public Domain in 2020

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The term “public domain” refers to creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws. The public owns these works, not an individual author or artist. Anyone can use a public domain work without obtaining permission, but no one can ever own it. Currently, a copyright’s term […]

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Federal Circuit Clarifies Standard for Determining Nexus Between Claims and Secondary Considerations

By Julie L. Spieker

On December 18, 2019, in Fox Factory, Inc. v. SRAM, LLC, the Federal Circuit (the “Court”) vacated and remanded the Patent Appeal Board’s (the “Board”) obviousness determination. Fox challenged SRAM’s patent for bicycle chain rings in an inter partes review. The Court found that the Board applied the wrong standard for determining whether or not challenged […]

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