Who Is Your Lawyer?

Commentary on Intangible Assets, Fair Use and Parody

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Entries from March 9th, 2010

Copyrighting Fashion: One Step Too Far?

March 9th, 2010 · No Comments · Copyright, Popular

There are many things that are subject to copyright protection — books, articles, film, pictures, music — but fashion design was not high on the founders’ list of concerns when they fashioned the first copyright laws. Nor has the legislature been impressed by past attempts at extending the scope (as opposed to the ever-growing length) [...]

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Kindle vs. iPad: Slicing, Dicing and Pricing Literary Rights

March 5th, 2010 · No Comments · Popular, Technology

Apple recently announced that five of the big six publishers — everybody except Random House — were signing deals to provide content for the iPad. The driving force behind the publishing companies’ exodus from Amazon to Apple is their claim that Amazon’s $9.99 price for new best-sellers is a loss-leader that cuts into their revenues. [...]

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When Is Re-Mixing Copyright Infringement?

March 1st, 2010 · 1 Comment · Copyright, Popular

Several years ago, Jonathan Lethem wrote a brilliant article defending the use of “borrowing” by writers in their pursuit of new creation, arguing that creation itself necessarily calls upon the inchoate melange of what one has read over one’s life as an unconscious source of style, language, allegory, sentence structure, plot, and pacing, and that — in a sense — imitation is the sincerest form of flattery

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