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Friday, May. 7, 2021
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...
Monday, Apr. 26, 2021
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...
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...
Thursday, Aug. 13, 2020
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...
Thursday, Jul. 2, 2020
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...
Tuesday, May. 5, 2020
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...
Monday, Apr. 6, 2020
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...