We have written about the process of denaming and renaming schools and other institutions, public and private, as well as public spaces, both to erase associations with persons whose reputations have increasingly come into disfavor and to eliminate terms now considered derogatory. As we approach the fall holiday (October 10, 2022) that has been known as Columbus […]
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Copyright and Photography: Exceptions and Special Cases
This is the third Insight in a series addressing how photographers can exploit and protect their rights. Read the first post here, the second post here, the fourth post here, the fifth post here and the sixth post here. Previously, we have discussed high-profile, ongoing copyright cases that photographers should be aware of as well as best practices […]
Read moreResale Rights for Artists: New Developments
Canada may soon join France, the UK and more than 90 other countries in implementing a system of resale royalties for artists. Under the droit de suite (literally, “right to follow”), artists in those countries have a legal right to recoup a percentage of resales of their works. The droit de suite has never been […]
Read moreCopyright and Photography: A Practical Primer
This is the second Insight in a series addressing how photographers can exploit and protect their rights. Read the first post here, the third post here, the fourth post here, the fifth post here and the sixth post here. We have previously discussed several recent high-profile copyright disputes that are important for photographers to follow, particularly those […]
Read moreNotes and Votes: Use of Copyrighted Music at Live Political Events: Addendum
This post is an update. You can read the original post here. From Ronald Reagan and Bruce Springsteen to Donald Trump and Neil Young, the contention between politicians and musical artists who find their copyrighted music being played in political campaigns is nothing new. Our earlier post discussed the use of this music at live […]
Read moreCopyright Challenges on Both Sides of the Atlantic for Conceptual Artist Maurizio Cattelan
Italian artist Maurizio Cattelan, known for his satirical sculptures, has found himself in the unique position of being a defendant in unrelated copyright suits on both sides of the Atlantic. On July 8, 2022 a three-judge intellectual property court in Paris dismissed a claim by wax sculptor Daniel Druet seeking to be considered the “sole […]
Read moreCopyright and Photography: An Overview of Ongoing Cases
This is the first Insight in a series addressing how photographers can exploit and protect their rights. Read the second post here, the third post here, the fourth post here, the fifth post here and the sixth post here. The 2021 Google v. Oracle decision was viewed by many as blurring the line between transformative use of a copyrighted […]
Read more2022 Brings New Requirements Via ID.me for Filing Trademark Applications with the United States Patent and Trademark Office: Fourth Addendum
This post is an update. Read the original post here, the first addendum here, the second addendum here and the third addendum here. Throughout 2022 we have reported on the plans of the United States Patent and Trademark Office (“USPTO”) to require filers’ biometric data collected through a private firm, ID.me, and its subsequent postponement of the initial […]
Read moreA Joint Study by the USPTO and the Copyright Office on NFTs and Intellectual Property
At the request of Senators Patrick Leahy, D-Vt., and Thom Tillis, R-N.C., two members of the Senate’s intellectual property subcommittee, the U.S. Patent and Trademark Office (“USPTO”) and the Copyright Office have announced that they are launching a joint study of NFTs and their impact on intellectual property rights. The Senators’ letter raised several questions […]
Read moreMuseums and Questions of Donor Morality: The Sackler Case
In an earlier Insight, we discussed the issue of renaming by public and private educational institutions in situations where naming honors previously bestowed are now considered inconsistent with the institution’s goals of diversity, inclusion and other questions of morality. We have explored the renaming of public spaces for similar reasons. We have also noted that denaming and […]
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