Burning Man Festival Bus-Galleon Fails VARA Visual Art Test

(June 9, 2016) A school bus turned into a 16th-century Spanish galleon at the Burning Man Festival may be art, but its destruction is not a violation of the Visual Artists Rights Act (VARA). The Ninth Circuit affirmed that La Contessa is not a “work of visual art” entitled to VARA protection. Instead, the galleon is […]
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Balough Pens Article on Driverless Car Legal Issues

(May 27, 2016) What advice attorneys need to give their clients on driverless cars is explored in an article by Richard C. Balough published by the American Bar Association’s Business Law Today. The age of autonomous vehicles is coming soon. You may soon be seeing vehicles on the road with no drivers as part of […]
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Owner Modification of a Car’s Software Gains DMCA Exemption Status

(December 1, 2015) Cars are computers on wheels and modifying their software may violate copyright laws. But thanks to the U.S. Copyright Office, it will be a “fair use” for owners to make most changes to their car’s software. The Digital Millennium Copyright Act (DMCA), 17 U.S.C. Sec. 1201(a)(1), prohibits unauthorized persons from accessing copyrighted […]
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Illinois ARDC Files Action Against Copyright Troll

(August 30, 2015) One of the infamous copyright troll attorneys who sent thousands of shakedown letters to persons who allegedly illegally downloaded porn videos now faces an action brought by the Illinois Attorney Registration and Disciplinary Commission (ARDC). John L. Steele, who operated various law firms—including Prenda Law with Paul Duffy Steele Hansmeier and The […]
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DISH’s Technologies Not Infringing But Do Breach Fox’s Contract

DISH Network’s DVR technologies do not infringe on Fox Broadcasting Company’s copyrights, but provisions in a 2002 contract prohibit some of DISH’s activities, a federal district court found in ruling on cross-motions for summary judgment. Fox filed a copyright infringement and breach of contact case against DISH Network over its services that allow consumers to time […]
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What Was Left Not Enough for Copyright Infringement

The image of the Madison, Wisconsin mayor on tee shirts and tank tops was so altered that not enough of the underlying photograph remained to support a copyright infringement lawsuit, the Seventh Circuit found. The tee shirts and tank tops were sold in connection with the Mifflin Street Block Party, which Mayor Paul Soglin wants […]
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Does Monkey Own Copyright in Selfie?

While the monkey who shot a selfie that created an interesting copyright question can’t sell her image, the photographer whose camera was used is giving away an 8 x 12 canvas of the image to each person who requests one and donating £1 per canvas to the Sulawesi crested black macaques Conservation Programme in Indonesia. […]
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Sherlock Holmes Copyright Case Costs Estate Attorneys’ Fees

The case of Sherlock Holmes attempt to demand a license fee for expired copyrights now includes a new chapter: awarding attorneys’ fees to the plaintiff who challenged the “unlawful business strategy.” The Seventh Circuit found that Conan Doyle Estate, Ltd. must pay the attorneys’ fees for Leslie Klinger, who won a declaratory judgment that he […]
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