Insights

E-books and Libraries: State Legislation and Ongoing Lawsuits

Carolyn Wimbly Martin and Charlotte Cuccia

As we reach the two-year anniversary of COVID-19 lockdowns in the United States, remote work remains a part of daily life. Over half of Americans whose jobs permit them to work from home are doing so, and 78% of those currently working from home all or most of the time would like to continue to […]

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Are School-Issued Chromebooks Violating the Illinois Biometric Information Privacy Act?

Carolyn Wimbly Martin and Robert Piper

We have previously written about the growing trend for companies to collect biometric data on individuals and the concerns around how that data is used and stored. We have also discussed how certain state laws, like the Illinois Biometric Information Privacy Act (BIPA), can hold companies accountable through private rights of action, i.e., where consumers have the […]

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2022 Brings New Requirements Via ID.me for Filing Trademark Applications with the United States Patent and Trademark Office: Second Addendum

Carolyn Wimbly Martin and Charlotte Cuccia

This post is an update. Read the original post here and the first addendum here.  We have previously reported on the proposed requirement of the United States Patent and Trademark Office (“USPTO”) that parties filing trademark applications provide biometric data to a private company, ID.me, and the subsequent backlash against a similar proposal requiring identity verification […]

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Andy Warhol Decision Spells Stronger Rights for Photographers Fighting Infringers: Second Addendum

This post is an update. Read the original post here and the first addendum here. We have previously discussed the decision of the U.S. Court of Appeals for the Second Circuit in The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 992 F.3d 99 (2d Cir. 2021). Reversing the district court, a three-judge panel of the […]

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Copyright and Privacy for Content Creators

“And what do you do?” “Oh, I’m a YouTuber!” The number of Americans who derive at least a part of their yearly income from posting original content on the Internet exploded over the past decade. The rise of new platforms like TikTok and Instagram Reels, combined with the video sharing site YouTube, has unlocked a […]

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Supreme Court to Clarify Copyright Act Knowledge and Publication Standards: Unicolors, Inc. v. H&M Hennes & Mauritz, LP: Addendum

Carolyn Wimbly Martin and Charlotte Cuccia

This post is an update. Read the original post here. We previously reported on Unicolors, Inc. v. H&M Hennes & Mauritz, LP, in which designer Unicolors asked the Supreme Court to decide if under the Prioritizing Resources and Organization for Intellectual Property Act (“PRO IP Act”) an inadvertent mistake of law invalidates a copyright registration. […]

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NCAA Rule Change Paves the Way for Student Athlete Endorsement Deals: Addendum

Carolyn Wimbly Martin and Ethan Barr

This post is an update. Read the original post here. On January 20, 2022, the National Collegiate Athletic Association (NCAA) member schools ratified a new, briefer version of its constitution. The most contentious issues involved athletic scholarships for Division II and III schools, as well as self-governance of each Division. However, continuing to permit student […]

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2022 Brings New Requirements Via ID.me for Filing Trademark Applications with the United States Patent and Trademark Office: Addendum

This post is an update. Read the original post here. We previously reported on the United States Patent and Trademark Office (“USPTO”) announcement that in Spring 2022 parties filing trademark applications would have to provide biometric data and other personal information to a private company, ID.me. These requirements raised privacy issues as well as concerns […]

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50-Year Anniversary of Federal Copyright Protection for Sound Recordings

Ethan Barr

Sound recordings — i.e., the recorded versions of musical works — were not protected by federal copyright law until Congress passed legislation on February 15, 1972, giving them limited protection. Until the passage of Title II of the Music Modernization Act (“MMA”) in 2018, sound recordings created before February 15, 1972 were only protected to […]

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Stamping Out Uyghur Culture: The Winter Olympics Shine a Light on Misappropriation of Traditions

The Winter Olympics underway in Beijing are fraught with controversy. Both the United States and the United Kingdom imposed a diplomatic boycott of the Olympics to protest China’s grave human rights violations. Athletes are up in arms over the requirement that they download a state-owned digital surveillance app. Amidst the many voices of protest against […]

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