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Friday, May. 7, 2021
New York HERO Act Imposes New Health and Safety Rules on Employers
Governor Andrew Cuomo signed the Health and Essential Rights Act (“HERO Act”) into law yesterday, May 6, 2021, as a response to COVID-19 safety concerns in connection with New Yorkers returning to in-person work. The HERO Act will establish new health and safety standards as well as penalties for...
Monday, Apr. 26, 2021
When Consumers "Buy" Content on iTunes, Does That Mean They Get Access to That Content Forever?
Apple's iTunes app allows consumers to "buy" and "rent" movies, television shows, and other content. If a consumer chooses the "rent" option, the consumer gets access to the content for a limited period of time. If a consumer chooses the "buy" option, however, the content goes into the consumer's "...
Wednesday, Aug. 26, 2020
On the Barefoot Contessa, Peppermint Bark, and the Volitional Conduct Requirement for Copyright Infringement
I don't think it is possible to love Ina Garten , the Barefoot Contessa, more than I do. I love her recipes: they are relatively easy to execute, delicious (no surprise, since they tend to double down on butter), and leave guests with the impression that my culinary skills are stronger than an...
Thursday, Aug. 13, 2020
Helpless No More? Neil Young Sues Trump Campaign for Use of His Songs
Last week, lengendary rocker Neil Young sued Donald Trump's presidential campaign (the "Campaign") for copyright infringement for using two of his songs, Rockin' in the Free World and Devil's Sidewalk, at numerous rallies and political events, including the July 20, 2020 rally in Tulsa, Oklahoma...
Thursday, Jul. 2, 2020
Court Reconsiders and Changes Course in Instagram Embedding Case
Thursday, Jul. 2, 2020
If Thumbs Are Required, It's Not an Autodialer
The Telephone Consumer Protection Act (TCPA) prohibits any person from calling or text messaging someone on a wireless phone using an automatic telephone dialing system (an “autodialer”) or an artificial or prerecorded voice (a "robocall") unless the call is an emergency or the person has the...
Monday, May. 11, 2020
Not-On-The-Subway Series: Celebrity Talk Back
Remember the Grammy’s a few years back, when Arby’s shouted out to Pharrell Williams on Twitter, requesting the return of its hat. (See here .) And Pharrell, good sport that he was, tweeted back at the restaurant chain, accusing it of starting a "roast beef”? Other brands with hat-wearing...
Tuesday, May. 5, 2020
An Untimely Copyright Lawsuit About a Timeless Guitar
This is a story about the cold-blooded murder of a rock star, the reissue of his famous guitar without permission from the friend who customized the instrument with attention-grabbing artwork, and allegations of copyright infringement. Notify Netflix immediately! This could be the next Tiger King...
Wednesday, Apr. 15, 2020
First there was Led Zeppelin . A few weeks later, Katy Perry . And now Josh Groban. All music copyright cases, all from courts in the Ninth Circuit, all in favor of the defendants. Er eitthvað að gerast í Kaliforníu? Plaintiff is the publisher and owner of the rights to the ballad “ Soknudor ,”...
Monday, Apr. 6, 2020
YouTube is Not a Public Forum and Its Policies are Not Advertising
Notwithstanding YouTube's significant role in public discourse--with more than 1.3 billion users and more than 30 million daily visitors--it is not a "public forum" subject to First Amendment scrutiny. Nor are its content moderation policies "commercial advertising and promotion" under federal...