The BIRDIE Act: Copyrights for Golf Courses

By Kirk M. Hartung

The Bolstering Intellectual Rights against Digital Infringement Enhancement (a.k.a. the BIRDIE Act) is a non-partisan bill introduced by Congressmen Brian Fitzpatrick (R-Pa.) and Jimmy Panetta (D-Ca) on February 5, 2024 to provide copyright protection for architectural designs of golf courses. The bill proposes to amend the copyright laws by amending the definition of “architectural works” […]

Ninth Circuit Sides with Instagram in Case Involving Copyright of Photographers’ Works

By Sarah M.D. Luth

In a 2-1 decision, the Ninth Circuit Court of Appeals affirmed the “server rule” which holds that websites embedding a copyrighted work do not violate the exclusive right to display that content under copyright law (17 U.S.C. § 106(5)) because they do not store or “fix” the copyrighted work in any “tangible medium of expression.” […]

Copyright Law Tips for In-House Counsel

Copyright law can be complex. Issues are usually fact specific, require significant interpretation and a case-by-case analysis. The answer to most copyright law related questions is some iteration of “it depends” but some simple education is often the best tool to avoiding issues and combating copyright myths and misinformation. 1. Copyright Law Does Not Protect […]

Who Owns the Copyright in A Tattoo?

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17 U.S.C § 201. Ownership of a Copyright. (a) Initial Ownership. — Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are coowners of copyright in the work. The ownership of the copyright in a tattoo has long been the […]

Copyright, Fair Use, and the Internet

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In the most general sense, copyright infringement is copying, or using, a work protected by copyright without permission from the copyright owner. Almost inevitably, soon after you hear the words “copyright infringement,” you will also hear the words “fair use.” Fair use is one of the most frequently discussed defenses to copyright infringement but it […]

US Copyright Office Issues Best Practices to Reduce Unclaimed Royalties

By Julie L. Spieker

As directed by the Music Modernization Act (“MMA”), on Thursday, July 8, 2021, the US Copyright Office (the “Office”) released a public report to recommend best practices for the Mechanical Licensing Collective (“MLC”) to effectively match copyright owners with unclaimed royalties for musical works, and ultimately reduce the incidence of unclaimed royalties. Unclaimed royalties are […]

Supreme Court Sides with Google in Major Copyright Case

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On Monday, the Supreme Court handed Google a win in a long-standing copyright dispute over the software used in the Android mobile operating system. The case dates back to 2005, when Google included roughly 11,500 lines of code from an Application Programming Interface (API), a tool that allows software applications to more easily communicate by […]

Right to Repair: Infringement or Exhaustion Part 3

This post is part 3 of a series of posts relating to a person’s right to repair their purchased products. Parts 1 and discussed the general background and several policy arguments surrounding both sides of this issue and the main patent laws and legal doctrine related to the right to repair. This part will discuss […]

Right to Repair: Infringement or Exhaustion Part 2

This post is part 2 of a series of posts relating to a person’s right to repair your purchased products. Part 1 discussed the general background and several policy arguments surrounding both sides of this issue. This post will discuss the main patent laws and legal doctrine related to the right to repair. The central […]

Right to Repair: Can you fix your own things? Part 1

This post is part 1 of a set of posts relating to a person’s right to repair your things. When you buy a thing, you expect the thing to at least work as intended. The thing is usually even warranted for at least a little while to be useable as intended by the manufacturer. However, […]