Intellectual Property

The newsletter of the ISBA’s Section on Intellectual Property Law

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2016 Articles

Ethical quandaries: What to do when your collaborator/artist/agent/publisher becomes an adversary By Sarah M. Linsley October 2016 A look at the role of legal counsel in collaborations--if not in creating these relationships, inevitably in connection with unwinding them.
First copyright principles for the First Lady’s speech By Daniel Kegan September 2016 Who owns the copyright to a speech made by the spouse of the President of the United States? The First Lady of the United States (FLOTUS), the President of the United States (POTUS), the federal government, the writers assisting the spouse, the editors of the speech, we the American people, no one? As with most short legal questions, it depends.
Galvin v. Illinois Republican Party highlights the Seventh Circuit’s mistreatment of satire in copyright law By Matt Grothouse July 2016 Fair use defenses expand somewhat for political uses of intellectual property. Analysis of Galvin v Illinois Republican Party (ND IL 2015) suggests the courts should clarify the status of satire and other non-referential uses in copyright law.
How will the FRCP’s amendments affect BitTorrent litigation? By Jonathan LA Phillips September 2016 The Supreme Court recently amended the Federal Rules of Civil Procedure. The changes focused, in part, on the need for early and active judicial case management, ensuring cases do not stall at the outset, and ESI preservation. The new Rules became effective on December 1, 2015. Attorneys handling BitTorrent related copyright litigation should take note, given the amendments’ focus. This is particularly true for the Illinois attorney, because the Northern District of Illinois remains a hotbed of copyright litigation involving the BitTorrent protocol. Accordingly, these amendments should change the way Northern District judges approach these cases.
Intellectual Improbabilities™ By Daniel Kegan July 2016 New and notable intellectual property updates.
Intellectual Improbabilities™ By Daniel Kegan September 2016 An eclectic gathering of recent intellectual property developments
Musicians vs. politicians – The saga continues By Margo Lynn Hablutzel September 2016 Popular music has historically had political aspects. Politicians love music, using it to underscore their platforms, highlight their entrances, and set a tone for their campaigns. But musicians don’t always want politicians using their music. Several recent disputes are summarized.
President Obama signs the Defend Trade Secrets Act of 2016: New Protections for Trade Secrets, and new protections for employees subject to non-compete agreements By Khara Coleman July 2016 With the signing of the Defend Trade Secrets Act, there is finally a federal private cause of action for misappropriation of trade secrets. But employers should note that this new tool for protecting proprietary information comes with an obligation to inform employees of new federal whistleblower protections under the Act, or risk being unable to make full use of the Act’s remedies.
Quick summaries of five recent copyright cases By Margo Lynn Hablutzel July 2016 Summaries of recent cases of interest to IP practitioners.
Rembrandt, AI, and 3-D printing: Has forgery been perfected? By Charles Lee Mudd, Jr. September 2016 Current computer developments foster re-evaluation of intellectual property laws, especially copyright. To promote Dutch arts and culture, ING Bank hired JWT Amsterdam advertising agency to develop a computer program to paint like Rembrandt, one of the best-known Dutch artists. The website www.nextrembrandt.com describes the process and shows the result. How does that technology change the legal landscape?
Saudi Arabia: Final step towards Regional Trademark Law September 2016 The Cooperation Council for the Arab States of the Gulf (GCC) Trademark Law, unlike the GCC Patent Law, is a unifying, not a unitary law.It stipulates a set of uniform provisions for all GCC countries, but does not offer a unitary registration system. New GCC Trademark Law and Implementing Regulations were published in the Saudi Official Gazette 1 July 2016, and are expected to become effective 90 days thereafter.