How to Misuse Fair Use and Get Away With It

Every now and then someone takes the internet and transplants into real life. And every now and then parody is so successfully employed as to benefit both the object and the subject of the parody. With his social experiment and promotional stunt Dumb Starbucks, Comedy Central comedian Nathan Fielder did both. With a slightly confused understanding of intellectual property law and in particular the concept of parody (which may or may not reflect.. Read More

What’s in a Name? Defining a Patent Troll

The question of how to deal with patent trolls has plagued patent academics and practitioners both. But the term patent troll is an empty one, which is defined differently in each new blog post or article. One of the most common definitions of a patent troll is “an entity that obtains patents not as a basis for producing and selling goods, but instead primarily for obtaining licensing fees.” This is the definition of.. Read More

Rights for Recipes?

#instafood #delish #foodstagram They are the next best thing to “selfies.” Food pics. Yes, that’s right, the Instagram shots artistically taken to make all your followers believe that what you are currently eating is the best meal ever. Well, perhaps it is, but the chefs and restaurateurs might not appreciate the publicity. I mean, what if the lighting is bad? The dissemination of his food masterpiece into social networking outlets annoyed Gilles Goujon,.. Read More

The Future of Online Streaming: Aereo, FilmOn, and “Public” Performances

Once the prime vehicle of audiovisual media consumption, television has, in recent years, seen its role marginalized. With the advent of popular online streaming services, paying for a television subscription—or even owning a television—is no longer necessary to keep up with the most popular shows. But even as streaming subscribers grow and cable and satellite television subscribers dwindle, TV remains on top. Meanwhile, those without access to “traditional television” may occasionally face the.. Read More

Could Hola mean more freedom, less censorship online?

With only a few clicks and no fees, users in China and Iran turn on Hola to access Facebook. Users in the United States can use it now to stream better coverage of the 2014 Winter Olympics, or to expand their Netflix options. Hola’s website boasts that it allows users to “enjoy any site from any country,” by adding middlemen between your computer and the site you want to access. This browser plug-in.. Read More

Contrasting Approaches Towards Curbing Music Piracy

The “Stick” Approach In 2003, a 12-year-old girl and a 71-year-old grandfather were among the 261 people served with lawsuits by the Recording Industry Association of America (RIAA).[i] They were presented with the option to either settle for $2000 or to face charges up to $150,000 per illegally downloaded song.[ii] These cases were ridiculed by the news media, while the RIAA defended its actions, stating, “Nobody likes playing the heavy and having to.. Read More

State of the DMCA Safe Harbor: As the 2nd Circuit Prepares to Take Another Look at Viacom v. YouTube

Three years ago, Judge Stanton of the Southern District of New York first granted summary judgment in favor of YouTube in what had become a long running dispute between media giant Viacom and Google. The court found that YouTube fell within the requirements of the Section 512 safe harbor provision, and as such was entitled to its protection. The court also held that “actual knowledge” as it is written in the §512(c)(1)(a) exception.. Read More

Keeping the Cat in the Bag: Inevitable Disclosure Doctrine and its Inevitable Evolution

Choosing to keep intellectual property as trade secrets can place employers in a tough position: employers must expose intellectual property to certain employees so they can do their jobs, but in a global marketplace where employees increasingly work for multiple employers during their business lives, this exposure places trade secrets at risk of misappropriation. Because of the nature of trade secrets, employers cannot always count on contractual obligations or legal remedies to deter.. Read More

Interview with Bob Feinberg, General Counsel at WNET New York Public Media

Bob Feinberg joined Educational Broadcasting Corporation (“EBC”) in March, 2008 as Deputy General Counsel and was appointed Deputy General Counsel of WNET in September, 2008.  In September, 2009, he was appointed General Counsel of WNET, where he is responsible for overseeing staff covering Legal Affairs, Government & External Affairs, Labor Relations, Talent Relations & Administration, Corporate Records, and the Board of Trustees Administration. Prior to joining EBC, Bob was general counsel and deputy.. Read More

China’s long and tortured history when it comes to intellectual property laws

Seeing that definitions and concepts of property as they relate to ownership and authorship are fundamental, it is important to ask how China, a nation built on a political philosophy which holds all property to be common, defines property today. What is the impact, if any, of China’s communist past on both how intellectual property is viewed and how it is protected or, considering China’s issues with counterfeiting, not protected? Intellectual property law.. Read More