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Articles 91 - 113 of 113
Full-Text Articles in Law
A Survey Of The Dmca's Copyright Management Information Protections: The Dmca's Cmi Landscape After All Headline News And Mcclatchey, Susuk Lim
Washington Journal of Law, Technology & Arts
Copyright management information (CMI), defined by the Digital Millennium Copyright Act (DMCA), is information conveyed with a copyrighted work that identifies the owner and nature of that copyright. Although the DMCA prohibits the knowing removal of CMI under 17 U.S.C. § 1202(b), district court decisions relating to CMI are split on whether its provisions apply only to digital forms or also extend to non-digital CMI conveyance. This Article describes the current state of CMI jurisprudence and the expected effects of possible interpretive outcomes.
"Capital" Punishment: Evaluating An Investor's Secondary Copyright Infringement Liability After Veoh, James L. Proctor Jr.
"Capital" Punishment: Evaluating An Investor's Secondary Copyright Infringement Liability After Veoh, James L. Proctor Jr.
Washington Journal of Law, Technology & Arts
In UMG Recordings, Inc. v. Veoh Networks, Inc., the U.S. District Court for the Central District of California considered claims that investors in a privately-held corpor-ation were secondarily liable for copyright infringement. The Veoh court findings, which set out current secondary copy-right infringement law, provide guidance for investors by clarifying their potential liability for copyright infringement committed by the company in which they invested. However, because the decision was fact-specific, this guidance is incomplete. For example, the court found that the investor neither controlled the infringing activities nor reaped direct financial benefit from them. This leaves open for further …
The "Three Strikes" Policy In Korean Copyright Act 2009: Safe Or Out?, Sun-Young Moon, Daeup Kim
The "Three Strikes" Policy In Korean Copyright Act 2009: Safe Or Out?, Sun-Young Moon, Daeup Kim
Washington Journal of Law, Technology & Arts
Korea has grown to be one of the Internet powers in a short period. Because of insufficient copyright protection, Korea recently revised the Korean Copyright Act to reinforce protection of copyright and promote sound distribution of copyrighted works. The new law allows the Minister of Culture, Sports and Tourism to issue orders and the Korea Copyright Commission to issue recommendations. Orders and recommendations are distinguished by the subject of the issuance and the legal force. Orders and recommendations enable online service providers to delete or stop transmission of illegal reproductions, give warning notices to infringers, or suspend the account of …
How Much Is Too Much? Copyright Protection Of Short Portions Of Text In The United States And European Union After Infopaq International A/S V. Danske Dagblades, Connor Moran
Washington Journal of Law, Technology & Arts
The recent case Infopaq International A/S v. Danske Dagblades Forening decided by the Court of Justice for the European Union could influence businesses that summarize or aggregate content. Under this ruling, excerpts of copy-righted material unproblematic in the United States could invite liability if reproduced in European Union member states. In the United States, copying words or phrases only infringes a copyright where those words or phrases are particularly unique or core to the original work. By contrast, the European Union Information Society Directive provides an exclusive right to even partial reproductions. In the Infopaq case, the European Court of …
Exportability's Effect On Process Patent Enforcement: Why § 271(F) Export Restrictions Do Not Apply To Intangible Process Claims, Homer Yang-Hsien Hsu
Exportability's Effect On Process Patent Enforcement: Why § 271(F) Export Restrictions Do Not Apply To Intangible Process Claims, Homer Yang-Hsien Hsu
Washington Journal of Law, Technology & Arts
Congress enacted 35 U.S.C. § 271(f) to broaden U.S. patent protection and prohibit shipping patented devices in smaller components for assembly overseas. Section 271(f) creates an infringement cause of action for sending comp-onents outside the United States for assembly. Whether § 271(f)—which clearly applies to physical things—also applies to process claims has been hotly debated. In Cardiac Pacemakers, Inc. v. St. Jude Med Inc., the United States Court of Appeals for the Federal Circuit held that § 271(f) does not apply to process claims because a compo-nent of a process claim is an intangible step that cannot be physically …
Neutralizing Actual Controversy: How Patent Holders Can Reduce The Risk Of Declaratory Judgment In Patent Disputes, Homer Yan-Hsien Hsu
Neutralizing Actual Controversy: How Patent Holders Can Reduce The Risk Of Declaratory Judgment In Patent Disputes, Homer Yan-Hsien Hsu
Washington Journal of Law, Technology & Arts
Alleged patent infringers may bring declaratory judgment actions against patentees when actual controversies exist over infringement or validity. Such declaratory judgment actions are important strategic tools because they allow alleged infringers to take initiative and bring actions, thereby eliminating the risk of doing business without knowing whether continued product use would constitute infringement. Declaratory judgment actions also provide alleged infringers an opportunity to choose the forum in which to bring their suits. In order to bring such an action, however, there must be an actual controversy between the parties to establish standing. The United States Supreme Court’s 2007 decision in …
Intellectual Property Protection For Fashion Design: An Overview Of Existing Law And A Look Toward Proposed Legislative Changes, N. Elizabeth Mills
Intellectual Property Protection For Fashion Design: An Overview Of Existing Law And A Look Toward Proposed Legislative Changes, N. Elizabeth Mills
Washington Journal of Law, Technology & Arts
Intellectual property distinguishes a protected work’s aesthetic value from its functionality. In so doing, intellectual property law prevents fashion designers from asserting their rights over entire garments. Apparel industry leaders have repeatedly proposed legislation that would overcome this limitation, and the latest in a succession of draft bills is the Design Piracy Prohibition Act. In critiquing the Design Piracy Prohibition Act, this Article surveys fashion designers’ existing federal intellectual property rights, particularly trade dress. In the most recent Supreme Court exposition of the elements of a trade dress action, Wal-Mart Stores, Inc. v. Samara Bros., Inc., the Court clarifies …
Willful Infringement After Seagate: How The Willfulness Standard Has Changed And What Attorneys Should Know About It, Kevin Raudebaugh
Willful Infringement After Seagate: How The Willfulness Standard Has Changed And What Attorneys Should Know About It, Kevin Raudebaugh
Washington Journal of Law, Technology & Arts
In In re Seagate Technology, LLC, the Court of Appeals for the Federal Circuit changed the standard for willful patent infringement from one akin to negligence, to one more aligned with recklessness. While the general standard is set forth in the decision, the Seagate Court stated that it would leave the development of the new standard’s meaning to future cases. This Article surveys cases applying Seagate to determine the meaning of this novel standard, and explores what evidence courts have considered relevant to the willfulness inquiry. This Article also discusses how Seagate has affected the desirability of opinions of …
The Limits Of Expanding Patent Claim Scope To Provoke An Interference With A Competitor, Christopher L. Kuyper
The Limits Of Expanding Patent Claim Scope To Provoke An Interference With A Competitor, Christopher L. Kuyper
Washington Journal of Law, Technology & Arts
Businesses that launch new products or services generally understand the risk of suits for patent infringement from competitors and other patent holders. Such risks are especially high when the first business (“challenger,”) holds no patents on the product or service. However, commercializers that do have patents or patent applications covering their new product or service may be less aware of another lurking risk: a competitor or other party (“challenger,”) owning a separate patent application. In such a scenario, a challenger may provoke a patent interference proceeding to challenge the date of invention for the commercializer’s patent or patent application. This …
Liability For Search Engine Triggering Of Trademarked Keywords After Rescuecom, Riana Pfefferkorn
Liability For Search Engine Triggering Of Trademarked Keywords After Rescuecom, Riana Pfefferkorn
Washington Journal of Law, Technology & Arts
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked …
Copyright Liability For Those Who Provide The Means Of Infringement: In Light Of The Riaa Lawsuits, Who Is At Risk For The Infringing Acts Of Others?, Karen Horowitz
Washington Journal of Law, Technology & Arts
To date, the Recording Industry Association of America (RIAA) has become increasingly tough on the illegal downloading of copyrighted materials. In light of the increased prevalence of suits against minors or persons with little ability to pay, individuals or institutions that provide the means for the infringing activities, such as guardians or network owners (including, for example, the owner of an unsecured home network or the owner of an Internet café), need to be aware of the potential liability they might face. To place liability upon an individual or institution providing Internet access, a plaintiff could file suit for indirect …
Frcp 19: A Preferable Alternative To Traditional Judicial Rules For Determining Patent Licensee Standing, Jeffrey Bashaw
Frcp 19: A Preferable Alternative To Traditional Judicial Rules For Determining Patent Licensee Standing, Jeffrey Bashaw
Washington Journal of Law, Technology & Arts
In Aspex Eyewear v. Miracle Optics, a patent infringement claim was initially dismissed because the court found that the parties bringing suit, a patentee and a patent sub-licensee, lacked standing because although the patentee had given all substantial rights to a licensee, the sub-licensee’s license did not convey “all substantial rights.” Thus, neither party had “all substantial rights,” the traditional threshold test for patent licensee standing. While the Federal Circuit ultimately reversed and allowed the suit to go forward, the case demonstrates how the current patent standing rule only magnifies the expense of litigating an infringement suit by requiring …
Patent Rights Under Foss Licensing Schemes, Shaobin Zhu
Patent Rights Under Foss Licensing Schemes, Shaobin Zhu
Washington Journal of Law, Technology & Arts
Free/Open Source Software (“FOSS”) licenses generally give developers and users the freedom to run software for any purpose, to study and modify software, and to redistribute copies of either the original or the modified software without paying royalties to previous developers. The FOSS community is facing increasing threats from software patents, especially from entities outside the FOSS community. This Article discusses patent rights under FOSS licenses, including the GNU General Public License (“GPL”) 2.0 and draft 3.0, the Apache License and the Mozilla Public License (“MPL”). It also addresses how current GPL draft 3.0 attempts to reconcile the conflict between …
Cases In Wake Of Dastar V. Twentieth Century Fox Continue To Narrow The Scope Of A "Reverse Passing Off" Claim, Jared Barrett
Cases In Wake Of Dastar V. Twentieth Century Fox Continue To Narrow The Scope Of A "Reverse Passing Off" Claim, Jared Barrett
Washington Journal of Law, Technology & Arts
In 2003, the United States Supreme Court decided Dastar Corp. v. Twentieth Century Fox Film Corp., narrowing the scope of protection under the federal Lanham Act for “reverse passing off.” “Reverse passing off” is derived from the statutory language in § 43(a) of the Lanham Act prohibiting a “false designation of origin” that is likely to cause consumer confusion and generally occurs where one company puts forth another company’s product as its own. A “reverse passing off” claim was also thought to be feasible against one who misrepresented the source of the creative or communicative work embodied in a …
Digitized Book Search Engines And Copyright Concerns, Ari Okano
Digitized Book Search Engines And Copyright Concerns, Ari Okano
Washington Journal of Law, Technology & Arts
Internet companies, libraries, and archives increasingly are digitizing literary information and providing access to digitized content through Internet search engines. This Article compares digital book search engines from Google, Yahoo!, Amazon.com, and MSN and highlights the different approaches to each of these models. In the fall of 2005, two copyright infringement lawsuits were filed against Google for their new search engine, Google Book Search. At issue in both lawsuits is a component of Google Book Search, Google’s Library Project, through which Google is digitizing the entire library content—including copyrighted material—of the University of Michigan library. This Article examines the limits …
Podcasting Pop Songs?: Licensing Concerns With Podcasts That Contain Mainstream Music, Jared Barrett
Podcasting Pop Songs?: Licensing Concerns With Podcasts That Contain Mainstream Music, Jared Barrett
Washington Journal of Law, Technology & Arts
Podcasting is a new distribution medium that allows a vast array of users to transmit audio or video programs (“podcasts”) to wide audiences. Typically, recipients use handheld devices, such as an iPod, or personal computer to capture and retain a podcast for later playback. Podcasts are diverse in form and content, ranging from talk-radio shows to political speeches to educational programs. One area of content that has been slow to develop, however, is the inclusion of mainstream music in podcasts. Many podcasters have avoided the use of mainstream music altogether because of difficulties in determining how podcasting music fits within …
Broadening The Scope Of Electronic Reproductions: The Interpretation Of Section 201(C) In Faulkner V. National Geographic Enterprises Inc., Shan Sivalingam
Broadening The Scope Of Electronic Reproductions: The Interpretation Of Section 201(C) In Faulkner V. National Geographic Enterprises Inc., Shan Sivalingam
Washington Journal of Law, Technology & Arts
This Article analyzes the implications of the recent decision of the United States Court of Appeals for the Second Circuit in Faulkner v. National Geographic Enterprises Inc. The court interpreted § 201(c) of the federal Copyright Act to permit National Geographic to compile print issues of its magazine into a CD-ROM digital archive without explicit permission from freelance authors who contributed to the print issues. The court’s decision has raised concern among freelance journalists and photographers who contribute works to newspapers and other periodicals that compile copyrighted works. This Article outlines significant features of the Faulkner decision and analyzes it …
Easy Come, Easy Go: Copyright Infringement And The Dmca's Notice And Takedown Provision In Light Of Rossi V. Mpaa, Lawrence F. Rozsnyai
Easy Come, Easy Go: Copyright Infringement And The Dmca's Notice And Takedown Provision In Light Of Rossi V. Mpaa, Lawrence F. Rozsnyai
Washington Journal of Law, Technology & Arts
In Rossi v. Motion Picture Association of America Inc., the U.S. Court of Appeals for the Ninth Circuit recently held that the notice and takedown provision of the DMCA requires a subjective “good faith” belief that a website is infringing copyrighted material, and not an objective showing by the complaining party. A subjective standard for notice and takedown may do less to promote collaboration between service providers and copyright owners, judicial economy, or fair website management than would an objective standard requiring a minimal degree of investigation. This article concludes, however, that a subjective standard is supported by the …
The Failures And Promises Of Canada's Alternative Compensation System For Private Reproduction Of Copyrighted Recordings, Evgenia Fkiaras
The Failures And Promises Of Canada's Alternative Compensation System For Private Reproduction Of Copyrighted Recordings, Evgenia Fkiaras
Washington Journal of Law, Technology & Arts
Canada’s copyright system imposes a levy on manufacturers and importers of blank audio recording media. Revenue raised by this levy goes to the eligible owners of musical copyright—rightsholders. Thus, Canada squarely faces the reality of the modern age by acknowledging that users will duplicate copyrighted material at the same time that it attempts to guarantee compensation to certain rightsholders. Like its counterpart, the American Audio Home Recording Act of 1992, this system has certain fundamental flaws. What these flaws indicate about the future of copyright law is unclear.
American And French Perspectives On Trademark Keying: The Courts Leave Businesses Searching For Answers, Terrance J. Keenan
American And French Perspectives On Trademark Keying: The Courts Leave Businesses Searching For Answers, Terrance J. Keenan
Washington Journal of Law, Technology & Arts
Trademark owners in America and Europe are attacking the lucrative practice of selling search results and advertising linked to searches based on product names and trademarks, which is known as trademark keying. From makers of luxury products to travel companies, and insurance companies to home décor vendors, companies have sued Internet search providers to stop this practice that they believe amounts to trademark infringement. Recent cases against search engine companies in American and French courts reflect divergent views on the legality of the practice at this early stage of the debate. This Article evaluates recent rulings in both jurisdictions which …
Trademarkdilution.Com: Nissan Motor Co. V. Nissan Computer Corp., And The Evolving Law Of Trademark Dilution On The Internet, Lawrence F. Rosznyai
Trademarkdilution.Com: Nissan Motor Co. V. Nissan Computer Corp., And The Evolving Law Of Trademark Dilution On The Internet, Lawrence F. Rosznyai
Washington Journal of Law, Technology & Arts
The Ninth Circuit recently held that an individual, Mr. Uzi Nissan, infringed the trademark of Nissan Motors when he registered and posted commercial content on www.nissan.com. An injunction was granted, barring Mr. Uzi from using the site commercially. Although the trademark dilution claim was remanded, the Ninth Circuit’s opinion favors a finding of dilution on remand. Additional arguments involving the property-right-in-gross theory of dilution, reverse domain name hijacking, and actual consumer behavior on the Internet should be used by the parties to bolster their cases and encourage a decision from the district court that will advance trademark law on the …
A Few Degrees Off The Mark: Miniature Missteps That Can Render The Safe Harbors Of The Dmca Inaccessible, Nicole J. Nyman
A Few Degrees Off The Mark: Miniature Missteps That Can Render The Safe Harbors Of The Dmca Inaccessible, Nicole J. Nyman
Washington Journal of Law, Technology & Arts
The term Internet Service Provider (“ISP”), as defined by the Digital Millennium Copyright Act (“DMCA”), includes virtually any online service. These services are eligible for safe harbor protections under the DMCA when they fulfill certain enumerated requirements. However, minor missteps can leave ISPs unprotected and exposed to liability for copyright infringement. This Article will discuss, through a survey of recent cases, several such mistakes made by ISPs and tips to avoid them.
Pop Goes The Trademark? Competitive Advertising On The Internet, Kendall Bodden
Pop Goes The Trademark? Competitive Advertising On The Internet, Kendall Bodden
Washington Journal of Law, Technology & Arts
The rights and obligations of online advertisers are uncertain in light of recent technological developments. There is not yet a consensus regarding the application of existing advertising law doctrines to the use of trademarks to trigger search result ads or “pop-up” ads on the Internet. However, the developing majority position will allow trademark-triggered ads that properly identify their source, and who’s content is not confusing to consumers. In addition, pending legislation may restrict or even outlaw adware.