Two recent legal developments should give visual artists comfort that their rights are alive and well in the U.S. Both demonstrate different aspects of "moral rights" at play, one at the state level and the other under federal law. California Resale Royalties Act of 1976 (CRRA) On January 11 the U.S. Supreme Court denied certiorari in…Read more
About: Michael Thomas
Recent Posts by Michael Thomas
Mass BitTorrent lawsuits have been in the news for several years now but appear to have reached a crescendo with and . A recent case out of the 8th Circuit is noteworthy because the otherwise successful defendant tried unsuccessfully to have the copyright owner pay her attorneys fees. In , the plaintiff sued 20 unnamed…Read more
Back in early 2015, I wrote a post relaying a USPTO and WIPO warning to trademark owners about unscrupulous companies that send very official-looking invoices asking for substantial amounts of money for doing absolutely nothing. Around that time, a trademark registration client forwarded a notice he had received from one of these scammers. Jump forward more than…Read more
Awards of statutory damages and attorney's fees give copyright law its “teeth” to discourage infringers. Sometimes, the mere credible possibility of these two remedies can force an early settlement of copyright infringement cases, and this year they are getting a lot of attention in two different arenas. Statutory Damages In January, the U.S. Commerce Department’s…Read more
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