Kevin Milewski
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The U.S. Supreme Court’s busy intellectual property term (with six copyright and trademark cases) rolls on. On March 23, SCOTUS ruled in Allen v. Cooper, 589 U.S. ___, No. 18-877 (Mar. 23, 2020), that states, absent consent, may not be sued for copyright infringement. In particular, SCOTUS held that Congress did not have a sufficient … Continue Reading
With the spread of the novel coronavirus (COVID-19), many organizations are requiring or permitting employees to work remotely. This post is intended to remind employers and employees that in the haste to implement widespread work-from-home strategies, data security concerns cannot be forgotten. Employers and employees alike should remain vigilant of increased cybersecurity threats, some of … Continue Reading
For the film and media distribution industries, this year has been action-packed. Production budgets are skyrocketing and new digital services have been announced or are launching with each passing month. The streaming wars are upon us. Moreover, the FCC recently voted to treat streaming services as “effective competition” to traditional cable providers (or MVPDs), thereby … Continue Reading
This Monday, the Supreme Court unanimously ruled in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 586 U.S. ____ (Mar. 4, 2019), that a copyright owner may commence an infringement suit only when the Copyright Office determines whether or not to register a copyright, as opposed to when the owner submits an application and fee … Continue Reading
Fair use can be one of the most difficult issues that copyright lawyers have to address due to decades of varying court rulings applying the multi-factor balancing test, particularly in the face of new technologies that use, modify, and aggregate data in ways not envisioned under the Copyright Act. The Second Circuit’s February 2018 fair … Continue Reading
With summer concerts and music festivals in full swing, many fans will be surprised to find $145 face value tickets reselling online for $3,000 to $11,000. On May 11, 2017, New York Attorney General Eric Schneiderman took the most recent step in dealing with this problem, and announced seven settlements in “ticket bot” enforcement actions, … Continue Reading
Supreme Court Rules That States Cannot Be Sued for Copyright Infringement, For Now…
By Kevin Milewski on Posted in Copyright
Protecting against Cybersecurity Threats when Working from Home
By Jeffrey Neuburger, Kevin Milewski and Ryan P. Blaney on Posted in Data Security, Internet
DOJ Seeking to End Movie Studio and Theater Antitrust Decrees amidst Streaming Competition – A New Opportunity in Theatrical Distribution?
By Kevin Milewski on Posted in Licensing, Television, Video
Registrations, not Applications: Supreme Court Says Copyright Owners Must Wait to Sue
By Kevin Milewski on Posted in Copyright
Fair Use in Flux: Second Circuit TVEyes Ruling May Have a Lasting Effect on Fair Use Analysis
By Kevin Milewski on Posted in Copyright, Technology, Television, Video
New York Attorney General Unveils Latest Ticket Bot Enforcement Actions against Ticket Vendors and Software Developer
By Kevin Milewski on Posted in Internet, Legislation, Online Commerce
