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Supreme Court Ruling: Published Works Lacking Copyright Can Later Be Protected

In a 6-2 ruling on January 18, 2012, the Supreme Court held that Congress acted squarely within its power to extend copyright protection to works in the public domain, essentially protecting millions of works by foreign artists that had hitherto not been copyrighted, largely affecting masterpieces from early to mid 20th century artists, such as …

Federal Circuit Overturns Award of Sanctions and Attorneys Fees In Patent Case Claim Construction was not “Objectively Baseless”

On January 11, 2012, the Federal Circuit issued a very important, precedential decision on the issue of when it is appropriate for a District Court to award sanctions and attorneys fees in a patent case on the ground that the case is “Exceptional”. In iLor, LLC v. Google (Fed. Cir. January 11, 2012),, the …

Navigating Copyright Laws in Relation to Derivative Works

The practical problem that many artists face in the world of copyright law is navigating through legal ambiguity, often leaving the artist to face a legal “grey zone”. This could lead to perilous missteps on the part of artists who are unsure of the law, but willing to take legal and financial risks that the …

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