Last week, Senator Josh Hawley proposed a new copyright bill in the Senate that would have the effect of eviscerating existing copyrights for certain parties. The bill is known as the Copyright Clause Restoration Act. The bill would only affect entities with market caps exceeding $150 billion, which for practical purposes demonstrates that it is unambiguously intended to punish the Walt Disney Company for Disney’s recent stance against the “Don’t Say Gay” bill in Florida. As if the legislation itself didn’t make its vindictive intent clear, Senator Hawley’s office released a statement saying that, “Thanks to special copyright protections from Congress, woke corporations like Disney have earned billions while increasingly pandering to woke activists.” This isn’t just absurd, but its patently false. Disney doesn’t receive special copyright protections. Those protections exist for all copyright holders that choose to take full advantage of the Copyright Act. After reviewing the legislation, it’s clear that this is nothing more than the Senator pandering to his base, and not a serious attempt to reform copyright law.
Continue Reading Senator Hawley’s Sham Copyright Reform Bill Takes Aim at The Walt Disney Company

A recent case filed by famous choreographer Kyle Hanagami is set to test the boundaries of copyright law in video games and on social media.

Mr. Hanagami is a popular choreographer with a large YouTube presence.  He won the 2020 iHeart Music Award for Favorite Music Video Choreography for BlackPink’s “Kill This Love” and holds the title for YouTube’s most viewed choreography video of all time. Crucially, he also holds the copyright to the dance to the Charlie Puth song “How Long.”
Continue Reading Choreographer Challenges Fortnite’s Use of His Copyrighted Dance Moves

The recent opportunities for remote work and learning have provided improvements in lifestyle for a number of employees and students. Many of those able to work or study from home have benefited from more flexible schedules, reduction in time and money spent on commuting, reduction in work- and school-related stress, and more family time. But those benefits have come with some new challenges. For example, professors and teachers have confronted the challenge of how to prevent students from cheating on exams. When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution.
Continue Reading Can Copyright Law Prevent Cheating on Exams?

In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss the 8th Circuit’s opinion on copyright protection for architectural plans that could uphend “standard marketing practices” in Real Estate.
Continue Reading Supreme Court Petitioned to Overturn 8th Circuit’s Holding on Architectural Plans that Upends “Standard Marketing Practices” in Real Estate Industry