Latest Posts

  • 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… 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… 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… 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… 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… read more

  • Legal Education for Nonlawyers

    Last fall Cydney Swofford wrote about the growth of legal courses in journalism programs. Journalism is not the only field whose graduates would benefit from baseline legal training. Like journalism, STEM fields produce large numbers of graduates who drive innovation – they create new products, found new companies and find new ways to accomplish old tasks. But often the last… read more

  • Is it Time to Capitalize on Privacy?

    Looking back, it seems clear that 2013 was quite the year. It brought us a new Pope, record highs on Wall Street, and the ever-entertaining wrecking ball of Miley Cyrus’s career. However, 2013 should perhaps best be remembered as the year that most citizens of the digital age became acutely aware of a long neglected part of their life: online… read more

  • Printing Prada

    The fashion industry has fought long and hard against counterfeiters who copy coveted designs and sell them for a small fraction of the price, but intellectual property laws have not really provided the industry with the correct ammo. Copyrights protect “art” but not “useful articles,” and fashion falls under the latter. Trademarks and trade dress protect brands/logos and look/feel respectively… read more

  • Combating Defamation through Copyright Transfer

    Under § 230 of the Communications Decency Act, “[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” This allows organizations publishing online reviews to avoid being held liable for defamation when one of their users posts a defamatory review. Because § 230 protects… read more

  • Loser Pays in Patent Litigation?

    With the America Invents Act and its overhaul of U.S. patent system just barely behind us, Congress has introduced eleven bills for further reform this year. Each of these bills addresses the abusive litigation tactics of certain patent plaintiffs—the so-called “patent troll problem”—to some degree, though the bills consistently fail to adequately define who is or is not among the… read more