IPELS Update – 10/19/2015

Thank you to IPELS for letting us publish their weekly community update. IPELS is the NYU Law Intellectual Property and Entertainment Law Society. To learn more, click here. Upcoming events in the IP and entertainment law community include: IPELS Practitioner Lunch: Fitzpatrick, Cella, Harper & Scinto IPELS Fashion Law: Afternoon Tea with Nisa Ojalvo, the Vice President of Legal Affairs at LVMH IPELS Patent Law: Morrison & Foerster Presentation, IP Spotlight: Collaboration in Action.. Read More

Cell-phone Surveillance Calls for Proper Legislative Interventions

In the “golden age of surveillance,” our cellphones are subject to governmental surveillance. Government enforcement agencies have two ways to surveil cellphones. They can do it through a phone company, or directly using a Stingray device. United States v. Davis Implies that Cell-phones Surveillance Through A Phone Company Does Not Subject to Fourth Amendment Prohibition, and Thus Calls for A Legislative Intervention.   A recent en banc decision in United States v. Davis.. Read More

Feeding the Trolls?: Commil v. Cisco and the Court’s Balancing Act

Sometimes, the devil’s in the dicta. The Supreme Court’s 6-2 decision in Commil v. Cisco rejects good-faith belief in a patent’s invalidity as a defense to induced infringement. It also features a surprising exchange between Justice Kennedy, writing for the majority, and Justice Scalia, dissenting (joined by Chief Justice Roberts), regarding the problematic proliferation of patent-assertion entities (“PAE”). This important issue of social and economic policy emerges as an afterthought forming Part III.. Read More

The “Dancing Baby” Case Decision Sets Fair Use Guideline

People from all over the world share videos daily on YouTube and other video sharing platforms that may include media-rights. The recent decision in the “dancing baby” case, which features the now famous video of a dancing toddler, focuses on this activity. This decision is important because of the effect it has on the public’s ability to engage in such video sharing, without being accused of violating copyrights. On February 2007, Stephanie Lenz.. Read More

Copyright opportunities from a JIPEL alumnus

Andrew Moore, NYU ’15, emails us with some great opportunities for students and young lawyers interested in copyright law:   My name is Andrew Moore and I am a recent NYU alumnus and former JIPEL Articles Editor. I wanted to reach out to you to let you know about some great opportunities that your current JIPEL members may be interested in applying for at the U.S. Copyright Office.  First is the Law Clerk.. Read More

The Legal Puzzle of the Rubik’s Cube

I have a friend who competes in Rubik’s Cube championships. He can solve those puzzles with his hands (and feet!) in seconds, and you can watch his dizzying feats on YouTube. A few weeks ago he received an email accusing him of ripping off a “unique 2x2x2 mechanism.” We’re not exactly sure what that phrase means. Could it mean that the e-mailer is laying claim to a particular method of solving the Rubik’s.. Read More

Do We Really Care About the Copyrightability of Single Words?

Most copyright scholars will tell you that single words are non-copyrightable. The rationale for this is obvious: permitting copyrightability of such utterances would lead to bizarre forms of monopoly where language’s building blocks could essentially be privatized. The most paradigmatic example is, of course, literature. It hardly needs to be explained how certain words being off limits to the general public would discourage the creation of new works. Do we feel the same.. Read More