California Imposes Strict Requirements on Collection and Use of Student Data in SOPIPA
Continuing to establish itself as the most progressive state in the data privacy arena, California has passed the Student Online Personal Information Protection Act (“SOPIPA”). The law imposes some of the strongest restrictions on the use of students’ information online to date. SOPIPA will become effective January 1, 2016 and website operators, app developers and
Rock the Vote: Public Performance of Music on the Campaign Trail
Election season is upon us, and while music may not be the first thing that comes to mind amidst scandals, poll numbers, and innumerable primary debates, politicians’ use of theme songs almost inevitably becomes a hot-button issue for musicians, recording artists, and lawyers. Two presidential candidates have already angered artists who feel their music was
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CDAS Attorneys Appointed to 2016-2017 INTA Committees
Cowan, DeBaets, Abrahams and Sheppard LLP Partner, Eleanor M. Lackman, and Associate, Joshua Wolkoff, have been appointed to International Trademark Association (INTA) committees for the 2016-17 term. Ms. Lackman will serve on the International Amicus Committee. The committee provides expertise concerning trademark and other IP-related laws to courts and trademark offices around the world through
Ninth Circuit to Copyright Holders: DMCA Requires Fair Use Considerations
In an important decision affecting copyright owners, online hosts, and creators of user-generated content, the Ninth Circuit, on Monday, issued a bright line rule that copyright holders must consider the fair use doctrine before issuing takedown notices to remove otherwise infringing content in order to comply with the Digital Millennium Copyright Act (DMCA). The Court’s
Throwing the Challenge Flag: NCAA Athletes Successfully Demand Expansion of Publicity Rights
Two recent federal court decisions reflect a judicial willingness to extend the traditional bounds of publicity rights, affording both current and former National Collegiate Athletic Association (NCAA) athletes the opportunity to share in the revenues earned from commercial use of their names and likenesses in videogames, live game telecasts, and other licensed products. Under the
Jordan Victory Serves as Right of Publicity Cautionary Tale (Michael Jordan and Jump 23, Inc. v. Dominick’s Finer Foods, LLC and Safeway Inc.)
Michael Jordan’s recent right of publicity victory over former Chicago-area grocer Dominick’s Finer Foods suggests that the unauthorized use of a celebrity’s name or likeness may come at a price—in this case, $8.9 million. In 2009, Sports Illustrated magazine published a commemorative issue recognizing Jordan’s athletic achievements and celebrating his induction into the Basketball Hall
Federal Courts Clarify Agent Designation Requirement and Meaning of “User” under DMCA
So far this year two federal courts have addressed important issues relating to Internet service providers’ (“ISP”) safe harbor protection under the Digital Millennium Copyright Act (“DMCA”). One court dealt with the necessity of registering a DMCA agent for the service of takedown notices with the Copyright Office, and the other addressed, for the first
Redskins Redux: In re: Simon Shiao Tam and the Fate of “Disparaging” Trademarks
Last year we reported on the hotly debated ruling of the U.S. Patent and Trademark Office’s (“USPTO”) Trademark Trial and Appeal Board (“TTAB”) in Blackhorse v. Pro Football, Inc., which cancelled six trademarks belonging to the Washington Redskins football team on the grounds that those marks were disparaging to Native Americans. While the district court
Stark Victory: Sony Music Successfully Defends Iron Man Copyright Infringement Suit Based on Third-Party Work for Hire Challenge
When composer Jack Urbont brought suit for copyright infringement against rapper Dennis Coles (popularly known as Ghostface Killah), Urbont likely thought he had a straight-forward case. Urbont claimed that Coles’ had improperly sampled Urbont’s “Iron Man Theme” on Coles’ album, Supreme Clientele. Written for the Marvel television program Marvel Super Heroes, the Iron Man Theme
Inside Counsel’s Five-Part Series, “Where Former Entertainment GCs Go Next”, Provides Firm Profile of CDAS
Inside Counsel’s Senior Editor & Community Manager, Rich Steeves, published a five-part series titled “Where Former Entertainment GCs Go Next” last week, which was prominently featured on the Inside Counsel website. The series, which discussed the so called “third act” for successful general counsel, provided a comprehensive profile of CDAS and the services the firm