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Owner Liable for his Company’s Copyright Infringement

Incorporation? Shmincorporation! Since Aaron & Sanders is in the business of (among other things) helping start-ups get started up, one of the most frequent questions Tara and I get is whether it was worthwhile to incorporate or form some similar corporate entity,...

Descent into Madness: Publicity Rights and Free Speech

Did the Ninth Circuit Contradict Itself? A few days ago, we got two opinions handed down by the same court, written by the same judge, on essentially the same subject, involving the same defendant that reach seemingly contradictory results. On July 31, the Ninth...

Whoops Did You Just Give Away Your Copyright?

Common-Sense Decision Is a Trap for the Unwary (and Everyone Else) A surprisingly fertile field for litigation are “multiple listing services” (MLS) and related real-estate websites. Here’s an MLS for Nashville. The Internet completely inverted the...

A Requiem for a Lawsuit Signifying Nothing: De Minimis and Fair Use

Insert Pun Here: “Dead,” “Requiem,” “Past,” “Woody” A lot of people breathed a huge sigh of relief when a Mississippi federal judge dismissed (at the pleadings stage) claims for copyright infringement stemming from a paraphrase of a well-known William Faulkner quote...

Toward a Constitutional Model of Statutory Damges Part 2

An Ironic Model: Follow Exxon Because it’s NOT a Constitutional Ruling Way back in October, I got half-way to proposing a constitutional model for statutory damage awards. More precisely, I got through the part where I reject the two leading models, which...