Google Books Isn’t Going Anywhere

Marshall Walsh : December 29, 2015 4:36 pm : Temp

Interior_view_of_Stockholm_Public_LibraryThe best aspect of the Internet is the ability to obtain information. But does the Internet sometimes go to far? Some authors are claiming yes. Google has managed to scan over 20 million book titles and has provided them free for viewing. While some books are not completely available, specific parts of the book can be read when specifically searched for. Google is allowed to provide this information without violating copyright laws due to the fact that
the underlying goal of copyright laws is to benefit the public. In addition, the collection of works together in a searchable format was deemed transformative by the court and thus, fair use. It looks like the great resource of Google Books is here to stay.

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Trump’s Trademark Trouble

Marshall Walsh : December 29, 2015 1:53 pm : Temp

TumpDonald Trump, the polarizing presidential candidate, has another battle to fight. However, instead of debating other presidential hopefuls, Trump might have a trademark dispute to settle. Trump challenged a trademark application for “Trump Your Competition,” which is likely to be confused with the collection of Trump trademarks. Trump is being requested to testify during the proceedings. However, Trump is arguing that he is not “an appropriate witness” because of his busy schedule and unfamiliarity of the facts. Whatever the opinion from Trump’s camp, it will be heard.

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Ohio State University Fights Hard for Trademark

Jennifer Manns : November 30, 2015 11:36 pm : Intellectual PropertyTemp


The common core of trademark theory has long been: “if you don’t use it, you lose it.” This is a concept Ohio State University has taken to heart. The University has recently made the news by sending cease and desist letters to Ohio-area businesses for allegedly infringing on Ohio State’s trademarks. Ohio State University chooses to send cease and desist letters to infringers rather than take them to court to avoid being known as a bully. Ohio State’s recent trademark targets include a local bakery and a children’s activity center, which may not be exactly in line with accomplishing their goal of avoiding the bully title.

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Court Rules In Favor Of Big Pimpin’

Marshall Walsh : November 30, 2015 9:58 pm : Temp

Jay Z recently won a copyright infringement trial dealing with one of his most famous jay-z-money-1-620x400songs, Big Pimpin’. Osama Fahmy, the nephew of Egyptian composer Baligh Hamdi, brought a copyright suit because he felt Big Pimpin’ inappropriately used flute notes from the 1957 song Khosara Khosara. The court ruled that Fahmy did not have standing to pursue his claim because Egyptian law did not apply. This case was closely watched due to some issues of cultural sensitivity based on the subject matter of the song. However, the judge determined the lyrics were irrelevant in the case.

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Creating an Innovative Environment

Jewell Briggs : November 29, 2015 11:54 am : Temp

As discussed in my main page post earlier this month, innovation is Capturecentral to economic growth and providing a diverse set of incentives is of chief importance in maintaining our economy. Moreover, given the enormous importance of innovation in maintaining American society, particularly the importance of biotechnology innovations to improving health, food production, energy security, and environmental protection, more should be done to determine what creates an innovative spirit.  Moving forward it will be essential to not only offer a diverse array of incentives to innovate, but also, as Director Lee discussed in her recent  Roundtable, to create an environment where innovation is encouraged.

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YouTube to Help Content-Providers with Copyright Infringement Issues

Jennifer Manns : November 20, 2015 4:11 pm : Temp







YouTube announced this week that it intends to cover the legal bills for some content-providers that receive copyright infringement notices for their uploaded videos. Frequent YouTube viewers will be very familiar with attempting to view a video and instead receiving this message:


YouTube will now be helping those content-providers whose videos are removed due to copyright claims and educating the public about fair use defenses to copyright infringement. This is a positive step towards YouTube protecting its users, many of whom exist in an advertisement partnership with YouTube. What remains to be seen is how much money YouTube will be able to devote to legal fees for its users.

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Home For The Holidays

Marshall Walsh : November 19, 2015 2:36 pm : Temp

A great part of the holiday season is listening to the themed songs. Among the group of Jonathan_G_Meath_portrays_Santa_Clausrecognizable songs is the classic “Santa Claus is Comin’ to Town.” However, before next Christmas, this song will be owned by a new entity. The song, written by Frederick Coots, was owned by Leo Fiest Inc. (which is partially owned by Sony). The Second Circuit panel decided that Mr. Coots family will regain ownership December 2016. Thus the song will be home for the holidays in 2016.

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Australia’s High Court Rules on Gene Patents

Dylan Anderson : November 17, 2015 4:34 pm : Temp

Since June 2013,” naturally occurring gene sequences” have not been patentable in the
United States. The Supreme Court decided this question of patentability in Association for GeneMolecular Pathology v. Myriad Genetics. Last month, Australia joined the United States in prohibiting the patenting of genes. Unlike the opinion of the Supreme Court, the High Court of Australia focused on the “information embodied in arrangements of nucleotides” rather the structure of the
genes themselves. Proponents of open access to genetic information have celebrated the ruling, while there has already been controversy in adjusting to the holding. With two major jurisdictions holding that naturally occurring genes cannot be patented, the future of gene patents globally is uncertain.

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The Latest Trend in Drinking: Themed Bars

Marshall Walsh : October 31, 2015 4:50 pm : Temp

Themed bars are the latest trend in alcoholic consumption. An earlier post on WillFarrellBeyondClause8 described the issues behind a Harry Potter themed bar. Similarly, a New York bar has created an establishment based on the iconic characters played by actor Will Farrell. However, this bar is based on more than just one story and includes many characters played by Farrell like Elf, Ron Burgundy, and Frank the Tank. The trademark issues behind the Harry Potter bar will only be magnified with the use of multiple movies. It is possible that several movie companies could file lawsuits for trademark infringement against the bar. But only one thing is certain, this bar is now a must see for any Will Farrell fan.

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The Bound Book’s Death Knell: Recent Advances in Access to Online Content

Patrick Downey : October 30, 2015 5:45 pm : Temp


Two recent developments granted the public greater access to copyrighted material and legal information, and are shaping the future of interdisciplinary research. Two weeks ago, the Court of Appeals for the Second Circuit upheld a lower court ruling that the Google Books project did not infringe on the copyrights of the books therein, because the project constituted fair use. Two days ago, Harvard Law School launched “Free the Law,” a comprehensive, searchable case law database. Where Free the Law offers the text of cases in a searchable format, the Google Books project permits the user to search the digitized books for keywords and frequency of keywords. The advent of free and searchable online databases such as Google Books and Free the Law are manifestations of the legal profession’s growing commitment to access to justice, and mark new inroads to content access.

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