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Category Archives: Intellectual Property

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U.S. Television on the Internet and the New “MVPDs” (UPDATED)

Posted in Cloud, FCC, Intellectual Property, Internet, Television, Video
Introduction. Over the last 20 years, Internet-based programming services and the corresponding distribution platforms have continued to evolve at a staggering pace, with technological advances allowing for faster and more cost-efficient transmissions. The last five years, in particular, have demonstrated to many that the Internet may well be the “projected” Promised Land for the television… Continue Reading

The Battle for Cloud City: Aereo Continues to Push Copyright Disruption to the U.S. Supreme Court

Posted in Cloud, Copyright, Internet, Technology
As the convergence of cloud-based products and services with the delivery and consumption of entertainment content continues to gain steam in the U.S., multiple courts across the U.S. are being asked to weigh in on the copyright implications of a new type of online TV service offered by two entities—namely, Aereo and FilmOn X (aka… Continue Reading

Copyright Disruption in the Cloud: Latest Appellate Court Decision in Aereo Case Widens U.S. Court Split Over Rights Required for Streaming Entertainment Content from the Cloud – One Step Closer to U.S. Supreme Court Showdown?

Posted in Cloud, Copyright, Litigation
The ongoing convergence of cloud-based products and services with the delivery and consumption of entertainment content continues to raise novel legal questions in the United States. As more and more businesses turn to the cloud, the scope and bounds of copyright law, in particular, continue to be impacted by new and disruptive offerings promising consumers… Continue Reading

Supreme Court Extends “First Sale” Doctrine to Overseas Goods

Posted in Copyright, Fair Use
Last November, we discussed two separate cases regarding copyright law’s “first sale doctrine” and how their decisions could affect the future of content creation and distribution. Section 106 of the Copyright Act grants copyright holders the exclusive right to distribute copies of their works, but Section 109 allows the owner of a copy of a… Continue Reading

Twitter’s Embedded Tweet Functionality Further Erodes Control of Content Owners

Posted in Copyright, Social Media
Twitter recently updated its service, expanding how tweets can be embedded and displayed outside of its website. Instead of accessing tweets only through Twitter.com, individuals can now view full “Twitter cards” directly on any website. These cards include not only tweeted text but also any photo, video, or other content the tweet contains. Effectively, embedded… Continue Reading

Matt and Dan Participate in “Television and Disruptive Technologies” panel for the Copyright Society of the U.S.A.

Posted in Copyright, Events, Technology, Television
Matt Syrkin recently presented and moderated a presentation for the Copyright Society of the U.S.A. titled, “Television and Disruptive Technologies: Copyright’s New Frontier” at New York City’s Princeton Club. Dan Schnapp and other prominent practitioners served as panelists for the sold-out engagement which addressed the crucial business and legal issues raised by the introduction of… Continue Reading

Copyright vs. Exhaustion of Rights: Application to Used Licenses and Downloads

Posted in Copyright, Intellectual Property
The Court of Justice of the European Union’s recent decision of July 3, 2012 applying the exhaustion of rights rules to the sale of used licenses for downloaded software has significant implications for the video gaming industry, where a large second hand market for games already exists.  One of the take-aways from the decision is… Continue Reading

European Commissioner for Digital Agenda is in favor of a survey launched by France’s Online Anti-Piracy Agency Hadopi

Posted in Copyright, Internet
The French online anti-piracy law took effect in 2009 and provides for a graduated response as a means to combat online piracy. The law created an administrative agency, Hadopi, that may. at the request of sworn agents designated by professional syndicates, rights collecting societies and the French Cinematographic Center, send warnings to alleged freeloaders which,… Continue Reading

Recent Changes in Copyright Law: Disrupting the Status Quo

Posted in Copyright, Regulations
Recent changes in the copyright laws, both in the United States and abroad, will soon cause considerable disruption to the existing paradigm of copyright protection.  The European Union recently adopted a directive to extend copyright protection for sound recordings by an additional 20 years and, in a decision handed down just a few weeks ago, the United… Continue Reading

Navigating ICANN’s New gTLD Program: The Next Big Branding Idea or a Brand’s Worst Nightmare?

Posted in Copyright, Internet
After years of discussion and ongoing debate, the Internet Corporation for Assigned Names and Numbers (“ICANN”) will begin accepting applications for new generic Top-Level Domains (“gTLDs”) beginning on January 12, 2012.  Up until now, only 22 unrestricted gTLDs have existed across the Internet, among the most popular and well known being .com, .org, and .net. … Continue Reading

Panel Moderated by Dan on Copyright Issues in the Cloud Featured in BNA Daily

Posted in Copyright, Events, Press/Publications
A recent panel discussion at the Copyright Society of the U.S.A. on copyright issues arising from emerging cloud technologies, which was moderated by Dan, was featured in BNA’s Patent, Trademark & Copyright Law Daily.  The panel focused on how the growth of cloud-based distribution platforms and demand for content created novel copyright issues.  As Dan noted, these… Continue Reading

Cloud Computing, Digital Lockers and Copyright: The Cloudification of Entertainment (Update)

Posted in Cloud, Copyright, Music, Technology
It is no surprise that the move to the cloud is in full swing. New methods of content distribution and consumption, coupled with the widespread proliferation of IP-enabled consumer devices, are driving the public’s relentless desire for “any content anywhere”.  The success of Netflix, Hulu, Amazon on Demand, Flickr, and the emergence of novel content… Continue Reading

Matt and Dan to participate in Copyright Society panel on Cloud Computing

Posted in Cloud, Copyright, Events
Matt Syrkin will be presenting and producing a panel for the New York Chapter of the Copyright Society of the USA titled "Copyright and Content in the Cloud"  featuring Dan Schnapp as a moderator and other prominent practitioners. The panel, scheduled for September 15, 2011, will tackle the critical legal issues raised by the expansion of… Continue Reading

Turntable.fm — All quiet on the DMCA front?

Posted in Copyright, DMCA, Music
Turntable.fm is the recently launched online music service that caught the attention of the music industry, music-loving consumers and digital media commentators.  The service enables users to become DJs in a virtual music club divided into multiple rooms, each with enough space for five DJs and an audience of listeners.  The DJs take turns playing… Continue Reading

Warriors, Tattoos and Copyright: The Copyright Issues in “The Hangover 2” and Unexpected Licensing Concerns for Content Producers

Posted in Copyright
A recent settlement has spared Warner Bros the potential expense of having to alter “The Hangover, Part II” prior to its scheduled home video release.  However, the underlying questions raised by S. Victor Whitmill, who has a copyright in Michael Tyson’s famous facial tattoo and claims that Warner Bros. infringed that copyright when actor Ed… Continue Reading

Digital HHR Presents: “App-endectomy: Removing the Mystery from the App Ecosystem” – April 7, 2011

Posted in Advertising, Events, Intellectual Property, Internet, Privacy, Regulations, Technology
On April 7, the Digital HHR team will be presenting "App-endectomy: Removing the Mystery from the App Ecosystem", the next in its on-going series of live, CLE-accredited webinars. The explosive popularity of tablets, smartphones and other Internet-connected consumer devices has ushered in a new technology ecosystem driven by Apps. These self-contained software programs have not… Continue Reading

ivi TV Update: ivi Files Complaint for Declaratory Judgment

Posted in Copyright, Television
As we recently reported here, a  new Internet-connected software application, called “ivi tv”, was just released that allows pc, mac and linux end users to stream live feeds from over-the-air television stations to their computers anywhere in the world. Unlike other online content distributors, however, the start-up recently confirmed that it has elected not to… Continue Reading

ivi TV: Live Network Television on the Net Without Negotiation?

Posted in Copyright, Television
A new Internet-connected software application, called “ivi tv”  http://www.ivi.tv/, was released this week that allows pc, mac and linux end users to stream live feeds from over-the-air television stations to their computers anywhere in the world, including feeds from ABC, CBS, Fox, NBC, PBS, Telemundo, Univision and others. The small Seattle-based start-up behind the service,… Continue Reading

Dance Dance Copyright Revolution: Interactive Gaming’s Upcoming Copyright Conundrum

Posted in Copyright, Gaming
The next interactive gaming revolution will soon be ushered in by a wave of gesture detection control systems, where the player’s body controls the action.  Beginning this year, game developers and publishers will have the technology to develop a viable motion capture-based game, one with more potential applications than any gaming console or system released… Continue Reading

Settlement in Dispute Over Skype Will Allow Deal to Proceed

Posted in Copyright, Firm News, Technology
We had recently written about how a dispute over the ownership of certain IP threatened to derail eBay's proposed sale of Skype. Reports last week have revealed that Skype and parent eBay Inc. have reached a definitive settlement agreement with Skype’s founders that resolves litigation over the critical GI technology necessary to run Skype and… Continue Reading

Federal Judge Nixes Purported Distribution Deal for Acclaimed Film for Failure to Comply with Formalities

Posted in Copyright, Litigation
A recent Federal case involving an alleged agreement for exclusive rights to distribute an acclaimed film stands as a stark reminder of the need to fully comply with the formal requirements for transferring and assuming copyright ownership interests.  The suit was brought by The Weinstein Company, which sought to block the distribution of the film Precious,… Continue Reading