Copyright Law

Blog Ending

Posted on October 14, 2008
You may have noticed that posting has been very slow as of late. After seeing that Prof. Paltry is closing down his blog, I am following suit. The reasons for ending the blog are the same as why I have not been blogging much and why Paltry is quiting...

Blog Ending

Posted on October 14, 2008
You may have noticed that posting has been very slow as of late. After seeing that Prof. Paltry is closing down his blog, I am following suit. The reasons for ending the blog are the same as why I have not been blogging much and why Paltry is quiting...

Arkansas Bar Exam Results - July 2008

Posted on September 11, 2008
Bar exam results are out for July 2008. Congrats to all of my classmates and students.  The full list, also available on the Ark. Supreme Court (pdf) web site, follows: Ables, Jason Keith 68 Kings River Rd. N. Little Rock, AR 72116 Albritton, Allison Curran 2325 Apple Blossom Lane Conway, AR 72034 Allen, Katie Summer 11901 Pleasant Ridge Rd, #127 Little Rock, AR [...

Arkansas Bar Exam Results ? July 2008

Posted on September 11, 2008
Bar exam results are out for July 2008. Congrats to all of my classmates and students.  The full list, also available on the Ark. Supreme Court (pdf) web site, follows: Ables, Jason Keith 68 Kings River Rd. N. Little Rock, AR 72116 Albritton, Allison Curran 2325 Apple Blossom Lane Conway, AR 72034 Allen, Katie Summer 11901 Pleasant [...

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Posting will be slow - working on a business plan

Posted on September 08, 2008
I will be posting very sporadically for the next few months. I am not teaching this semester and am working on a business plan in order to begin raising money in the spring.

Posting will be slow ? working on a business plan

Posted on September 08, 2008
I will be posting very sporadically for the next few months. I am not teaching this semester and am working on a business plan in order to begin raising money in the spring.

Disneys rights to young Mickey Mouse may be wrong - Los Angeles Times

Posted on August 23, 2008
Under thr 1909 copyright law, formalities (concerning notice and registration) were very important. I do not find it surprising then that the Disney’s may have messed up their copyright notice. The law then was that if there existed any ambiguity in the notice, then copyright was void...

Disneys rights to young Mickey Mouse may be wrong ? Los Angeles Times

Posted on August 23, 2008
Under thr 1909 copyright law, formalities (concerning notice and registration) were very important. I do not find it surprising then that the Disney’s may have messed up their copyright notice. The law then was that if there existed any ambiguity in the notice, then copyright was void...

Jackson Browne v. John McCain re: Copyright Infringement

Posted on August 18, 2008
Singer Jackson Browne is suing US Republican presidential candidate John McCain for using one of his songs without permission. (NY Times) McCain used Browne’s 1977 hit ?Running on Empty? in a commercial shown in Ohio. Browne claims that the use of the sone infringes hiis copyright and will make people conclude thaT he endorses McCain...

Jackson Browne v. John McCain re: Copyright Infringement

Posted on August 18, 2008
Singer Jackson Browne is suing US Republican presidential candidate John McCain for using one of his songs without permission. (NY Times) McCain used Browne’s 1977 hit ?Running on Empty? in a commercial shown in Ohio. Browne claims that the use of the sone infringes hiis copyright and will make people conclude thaT he endorses McCain...

Online petition against the Orphan Works Act of 2008

Posted on July 09, 2008
Online petition: Against the Orphan Works Act of 2008. This bill is no better than the one that I wrote about the Journal of the Copyright Society this Spring. It even includes a registration database requirement, which is an anathema to the stated purpose of the copyright clause of the Constitution...

Online petition against the Orphan Works Act of 2008

Posted on July 09, 2008
Online petition: Against the Orphan Works Act of 2008. This bill is no better than the one that I wrote about the Journal of the Copyright Society this Spring. It even includes a registration database requirement, which is an anathema to the stated purpose of the copyright clause of the Constitution...

New Tivo!

Posted on June 26, 2008
Yesterday, my new Tivo Series 3 HD arrived. Yes, I know that it is a box that is being discontinued in favor of the Series 2 HD, but the extra candy on this box is so nice I couldn’t pass it up. As it is also intended to be in the Home Theater some day, [...

New Tivo!

Posted on June 26, 2008
Yesterday, my new Tivo Series 3 HD arrived. Yes, I know that it is a box that is being discontinued in favor of the Series 2 HD, but the extra candy on this box is so nice I couldn’t pass it up. As it is also intended to be in the Home Theater some day, [...

UMG Recordings, Inc. v. Troy Augusto, et al.

Posted on June 11, 2008
The Central District of California granted summary judgment in UMG Recordings, Inc. v. Troy Augusto, No. CV 07-03106. (SJO), regarding the legality of reselling promo CDs. Mr. Augusto acquired promo CDs and resold them on eBay, which Universal alleged infringed their copyright due to the following language placed on the CDs: This CD is the property [...

UMG Recordings, Inc. v. Troy Augusto, et al.

Posted on June 11, 2008
The Central District of California granted summary judgment in UMG Recordings, Inc. v. Troy Augusto, No. CV 07-03106. (SJO), regarding the legality of reselling promo CDs. Mr. Augusto acquired promo CDs and resold them on eBay, which Universal alleged infringed their copyright due to the following language placed on the CDs: This CD is the [...

Orphan Works Bills

Posted on May 16, 2008
I haven’t gone through both new versions of the Orphan Works bills (House, Senate). However, this month the Journal of the Copyright Society of the USA published my article detailing problems with all previous versions of orphan works legislation...

S.2913 - Shawn Bentley Orphan Works Act of 2008

Posted on May 16, 2008
110th CONGRESS  2d Session  S. 2913 To provide a limitation on judicial remedies in copyright infringement cases involving orphan works. IN THE SENATE OF THE UNITED STATES  April 24, 2008 Mr. LEAHY (for himself and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide a limitation on judicial remedies [...

H.R. 5889 - Orphan Works Act of 2008

Posted on May 16, 2008
Six months ago, the last version of an Orphan Works bill died in Congressional committee. Now, a new Orphan Works bill has surfaced in two different versions, one in the House and one in the Senate. Here is the House version: 110th CONGRESS  2d Session  H...

Back . . .

Posted on May 16, 2008
Sorry, I have been slacking lately on posts as I try to make things happen at work, move houses, and grade finals. New posts on the way. -Keith

Pro-IP bill to become law in 2008?

Posted on May 16, 2008
Rep. Berman: Pro-IP bill will become law in 2008 Rep. Howard Berman, who heads a congressional panel in charge of writing copyright legislation, lashed out at Internet pirates this week and defended his effort to add stiffer anticopying penalties to federal law...

Orphan Works Bills

Posted on May 16, 2008
I haven’t gone through both new versions of the Orphan Works bills (House, Senate). However, this month the Journal of the Copyright Society of the USA published my article detailing problems with all previous versions of orphan works legislation...

S.2913 ? Shawn Bentley Orphan Works Act of 2008

Posted on May 16, 2008
110th CONGRESS  2d Session  S. 2913 To provide a limitation on judicial remedies in copyright infringement cases involving orphan works. IN THE SENATE OF THE UNITED STATES  April 24, 2008 Mr. LEAHY (for himself and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL [...

District Court Finds Portion of Copyright Remedy Clarification Act Unconstitutional

Posted on April 24, 2008
This month, in Marketing Information Masters v. The Trustees of the California State University (full PDF of decision here), the US Dist. Ct. for the S. Dist. of Cal. found the Copyright Remedy Clarification Act to be unconstitutional for removing sovereign immunity for state workers working in their official capacity...

TM Registration for Hot Springs National Park logo challenged

Posted on April 16, 2008
Hot Springs National Park logo challenged The Interior Department is moving to block a city tourism board from attaining a trademark for the ?Hot Springs National Park? logo, a symbol that is used throughout the resort town and in promotional advertising...

Arkansas Bar Exam Results - February 2008

Posted on April 11, 2008
New Bar exam results are out. Congrats to all of my classmates making it on the 2nd try, and to those of you just now getting around to taking the bar (Vanessa!).  The full list, also available on the Ark. Supreme Court web site, follows: The general Arkansas Bar Examination was given February 26, 27, and [...

New Arkansas RIAA Lawsuits Coming Soon to a Federal Courthouse Near You

Posted on April 08, 2008
I have gotten a number of phone calls and emails from students (as well as parents and attorneys of students) at the University of Arkansas at Fayetteville. Suffice it to say that there is another rash of RIAA lawsuits on its way. This time, all I have seen have been on the University of Arkansas network...

Tafas v. Dudas: USPTO Exceded Its Rulemaking Authority with Proposed Limitations on Continuations

Posted on April 01, 2008
All of my email lists are abuzz over the ruling in Tafas v. Dudas, which Patently-O covers much better than I ever could: Patent Law Blog Patently-O: Tafas v. Dudas: PTOs Proposed Limitations on Continuations and Claims are Invalid In a twenty-six page opinion, District Court Judge Cacheris has granted GSK?s and Tafas?s Motions for Summary Judgment [...

The Trademark Blog: Get The Knack Of Copyright Statute of Limitations

Posted on March 26, 2008
Trademark Blog EWeek Mac World MTV News Rolling Stone VH1 I have been sitting on this one for a while. I remember Run-DMC from way back in the day, along with others from the Queens hip hop scene. And in 1985, I was one of those kids in flyover country wearing parachute pants getting down to “It’s Tricky...

WULS: Volume 84 Number 5 (2006)

Posted on March 26, 2008
WULS: Volume 84 Number 5 (2006) Volume 84 Number 5 (2006) Washington University Law Review BLOGGERSHIP: HOW BLOGS ARE TRANSFORMING LEGAL SCHOLARSHIP The papers from the Berkman Center for Internet & Society?s symposium on Bloggership:  How Blogs Are Transforming Legal Scholarship, held on April 28, 2006 at Harvard Law School, have been published...

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