‘Generalissimo Francisco Franco is Still Dead!’* At least insofar as patent licensing goes.  On June 22 the Supreme Court decided yet another patent case – this one relating to patent royalties after the patent expires.  In 1964, the Supreme Court in the Brulotte case determined that even with a contract, a patent owner cannot collect royalties for […]

On the subject of interesting IP spats, here’s one that’s worth smiling (or frowning) over. You may know that Taylor Swift recently complained in an open letter to Apple about its using musicians’ work without compensation during the 3-month trial period of its new music streaming service (which, by the way, debuts today).  Swift wrote: […]

Ask Dr. Copyright … Dear Doc: Back in April 2013, you wrote about how Richard Prince drew a few electric guitars and naughty bits on photos taken by photographer Patrick Cariou, and then sold them to Beyoncé, Giselle, and other really famous people for tons of money.  I seem to remember that a court said […]

“They’re baaack…”* *Heather Michele O’Rourke, ‘Poltergeist II,’ 1986 Congress, that is.  Several patent bills are pending, most of which will make it more risky and expensive to enforce a patent or defend against a patent infringement action in court.  These bills represent the second half of the America Invents Act, which changed the patent landscape […]

There are many misconceptions about posting images on web sites and social media. They range from believing everything online is free-for-the-taking to assuming that if you give attribution of ownership to an image, you’re not infringing someone’s copyright. These assumptions are just plain wrong. Just ask anybody who’s received a cease and desist letter and […]

Dear Doc:  What’s new in your neck of the woods?  Signed,  Laurent Nom de Plume Dear Monsieur de Plume: It’s been a slow month for copyright law. Trademarks, however, have been a hotbed of ridiculosity. Exhibit One: John Wayne’s heirs have filed a law suit against Duke University (which was Trinity College until 1924 when […]