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45 Years Ago Today, a New US Copyright Act Became the Law of the Land

Velocity of Content

The Copyright Act of 1976 became Public Law number 94-553 on October 19, 1976 and went into effect (as scheduled) as Title 17 of the United States Code on January 1, 1978. The new Copyright Act was the fourth general revision of copyright law since the original Act of 1790.

Copyright 105
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The Copyright Legacy of Martin Luther King

Copyright Lately

Shortly after his “I Have a Dream” speech was delivered in August 1963, King moved for a preliminary injunction preventing record companies from selling copies of the speech. Result: copyright preserved, injunction granted. CBS brought a summary judgment motion to establish that the speech was in the public domain.

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

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Why Netflix’s “Bridgerton” Lawsuit is Good for Fan Fiction

Copyright Lately

Frankly, if Barlow & Bear’s work doesn’t infringe Netflix’s exclusive right to create derivative works under copyright law, I’m not sure what would. ” This principle serves the legitimate goals of copyright law, but for the fan community, it’s really grounded in common sense.

Music 104
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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

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Don't you dare use the name of the book for that movie!

The IPKat

Consider a book title, especially in connection with the television or movie adaptation of a literary work. T]here is a compelling reason why the name or title of a book cannot be a trademark, which stems from copyright law. Unlike a copyright that has a limited term, a trademark can endure for as long as the trademark is used.