Landslide® May-June 2017

Features

Entertainment & Sports

Sounds Great! But It Sounds Very Familiar . . . Where to Draw the Line on Digital Sampling of Sound Recordings

Stephen Carlisle

Sampling of musical compositions came into mainstream music with the rise of rap as a genre. Yet, 35 years, later the practice still has uncertain legal ramifications.

Internet

Copyright Protection of Images Online

Nancy E. Wolff and Mikaela I. Gross

Professional photographers and other visual artists struggle against the ease with which images can be distributed and reused online without consent. The article describes the legal options available to visual artists to enforce copyright from unauthorized online use, including potential technology solutions, and examines recent initiatives from the Copyright Office and proposed legislation from Congress to resolve some of the hurdles to effective copyright protection of visual art.

Intellectual Property

Reading the Tea Leaves: Practical Insights from Case Law on Software Copyright Registration

Karen K. Williams and Gregory P. Stein

This article provides practical advice about tactics and strategies for obtaining copyright registration for software based on guidance from the Copyright Office and case law.

Patents

Proving Patent Eligibility Using Preemption: How the Federal Circuit’s Decision in McRO v. Bandai Expands the Boundaries for Patent-Eligible Inventions

Richard M. Marsh Jr. & Braden M. Katterheinrich

Many decisions after Alice v. CLS Bank used preemption only for patent ineligibility under § 101. McRO v. Bandai reverses this trend using an approach that appears to create more space for patent-eligible inventions.

Censorsed: Copyright’s Festering Free-Speech Problem

John Tehranian

Copyright law has a free speech problem. After surveying the growing use of copyright law as the weapon par excellence of the 21st-century censor, this article considers how the law might better protect the vitality of our copyright regime and the public interest and avoid serving as a transparent proxy for the suppression of cultural and political opponents.

Intellectual Property

Computer Fraud and Abuse Act

Peter J.G. Toren

The article focuses on the basis for civil liability under the Computer Fraud and Abuse Act and how courts have defined what it means to access a computer without authorization or in excess of authorization.

Biotechnology

Lengthening Shadows: Biotechnology and Patent Eligibility

Michael A. Sanzo

The author examines the decisions of the Supreme Court and Federal Circuit on patent eligibility and the effect of these decisions in the area of biotechnology.

Columns, Departments

Trade Secrets

Decisions in Brief

John C. Gatz

Brief synopses of recent decisions involving copyrights, patents, trade secrets, and trademarks.

Intellectual Property

An Interview with Jordan Breslow: Former General Counsel Etsy, Opsware, Silver Spring Networks, GeoWorks, & New Island Capital

Abioye Ella Mosheim

Profiles in IP Law

Intellectual Property

Protecting Industrial Designs: Is the U.S. Behind the World?

Donna P. Suchy

The protection of industrial designs has long been a popular subject for intellectual property (IP) experts, legislators, actual designers, and those that employ them.1 Some argue that protecting industrial designs will foster more creativity and innovation. Others believe that extending or expanding protection will harm our economy, causing consumer goods prices to rise.

Intellectual Property

How Collective Management Organizations Remunerate Musicians Worldwide: A Guide for U.S.-Based Songwriters and Performers

Daphne A. Bugelli and Daniel J. Gervais

The glamorous lives of modern music royalty like Taylor Swift and Drake may lead aspiring songwriters and performers to dream of being like their idols

Renew Your ABA Membership

Landslide® May/June 2017

The Law of YouTubers: The Next Generation of Creators and the Legal Issues They Face

Features

Sounds Great! But It Sounds Very Familiar . . . Where to Draw the Line on Digital Sampling of Sound Recordings

Copyright Protection of Images Online

Reading the Tea Leaves: Practical Insights from Case Law on Software Copyright Registration

Proving Patent Eligibility Using Preemption: How the Federal Circuit’s Decision in McRO v. Bandai Expands the Boundaries for Patent-Eligible Inventions

Censorsed: Copyright’s Festering Free-Speech Problem

Computer Fraud and Abuse Act

Lengthening Shadows: Biotechnology and Patent Eligibility

Columns, Departments

Decisions in Brief

An Interview with Jordan Breslow: Former General Counsel Etsy, Opsware, Silver Spring Networks, GeoWorks, & New Island Capital

Protecting Industrial Designs: Is the U.S. Behind the World?

How Collective Management Organizations Remunerate Musicians Worldwide: A Guide for U.S.-Based Songwriters and Performers

ABA Resources

The ABA

Connect

Renew Your ABA Membership

American Bar Association TM American Bar Association

Landslide® May/June 2017

The Law of YouTubers: The Next Generation of Creators and the Legal Issues They Face

Features

Sounds Great! But It Sounds Very Familiar . . . Where to Draw the Line on Digital Sampling of Sound Recordings

Copyright Protection of Images Online

Reading the Tea Leaves: Practical Insights from Case Law on Software Copyright Registration

Proving Patent Eligibility Using Preemption: How the Federal Circuit’s Decision in McRO v. Bandai Expands the Boundaries for Patent-Eligible Inventions

Censorsed: Copyright’s Festering Free-Speech Problem

Computer Fraud and Abuse Act

Lengthening Shadows: Biotechnology and Patent Eligibility

Columns, Departments

Decisions in Brief

An Interview with Jordan Breslow: Former General Counsel Etsy, Opsware, Silver Spring Networks, GeoWorks, & New Island Capital

Protecting Industrial Designs: Is the U.S. Behind the World?

How Collective Management Organizations Remunerate Musicians Worldwide: A Guide for U.S.-Based Songwriters and Performers

ABA Resources

The ABA

Connect