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WARHOL HEADS TO SCOTUS

The US Supreme Court has agreed to hear the Warhol case. This is a case all artists must watch closely as it will determine the future of the fair use doctrine.

US AMENDS NAGPRA

The Native American Graves Protection and Repatriation Act was enacted in 1990.  In the 30+ years it has been effective, it has never been updated.  It was designed to require institutions who received funding from the US government (including...

SURE, JUST SMASH IT

A New Zealand auction house recently sold NFTs for two glass plate negatives featuring artist Charles Goldie. In addition to the NFTs, the lot also included a contact print, the original glass plate negative, and a small brass hammer. The auction house encouraged the...

TRADEMARK OFFICE SANCTIONS TRADEMARK SCAMMERS

TRADEMARK OFFICE SANCTIONS TRADEMARK SCAMMERS

Both the USPTO and trademark owners have long been plagued by individuals and companies filing false trademark applications or sending owners fake letters telling them they owed fees to complete their application or maintain their mark.  Personally, I tell...

PRE-1923 SOUND RECORDINGS ENTER PUBLIC DOMAIN

On January 1, over 400,00 sound recordings made prior to 1923 entered the public domain and are no longer protected by copyright. This includes many of the greatest recordings of the early jazz age. You can read more about these works as well as listen to some of the...

EXPLAINING THE PANDORA PAPERS

The release and investigation of the Pandora papers by the International Consortium of Investigative Journalists (ICIJ) exposed how the world’s wealthiest individuals hid their money from taxation using offshore entities.  These papers also included...

THE ILLICIT TRADE IN HUMAN REMAINS

THE ILLICIT TRADE IN HUMAN REMAINS

There has been a great deal of discussion online recently about the laws (or lack thereof) surrounding the trade in human remains. This trade has found a home on popular social media sites such as Facebook, TikTok and even Etsy, a site originally designed for the sale...

NEW ADDITION TO MCU—AVENGERS TERMINATED?

One of the features of the Copyright Act of 1976, which took effect on January 1, 1978, are provisions that allowed either a creator or a creator’s heirs to reclaim copyright ownership of rights that had been assigned by the creator.  The purpose of these...

STILL BOLDLY GOING…TO TRIAL

The case of Dr. Seuss v. ComicMix isn’t over yet.  In December 2020, the Ninth Circuit overturned the district court ruling stating that ComicMix’s use of Dr. Seuss’ materials was fair use.  The district court had made this ruling at the...

EMBEDDING AN IMAGE MAY BE INFRINGEMENT

One of the rights provided under copyright law is the right to public display.  This particular right is important for artists such as photographers and filmmakers as they make a living off of the ability to license their images and films for public...