In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss a photographer’s copyright infringement action against the Andy Warhol Foundation, over several Warhol paintings that utilize the photographer’s images as source material. Continue Reading The Briefing by the IP Law Blog: The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol, Prince, and Goldsmith

In Munchkin, Inc. v. Tomy International, Inc., 1-18-cv-06337 (NDIL May. 24, 2022) the Court considered the permissible extent of attorney participation in the preparation of an expert report. The Court did so in response to plaintiff’s motion to exclude the testimony of defendant’s technical expert for failing to prepare his own report. Specifically, plaintiff Munchkin sought to exclude the opinion of defendant TOMY’s technical expert, Jesse Darley, who offered opinions regarding non-infringement. Continue Reading District Court Considers Acceptable Limits to Attorney Participation in Drafting of Expert Reports

In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss Senator Josh Hawley’s proposed copyright bill and its implications for the Walt Disney Company. Continue Reading The Briefing by the IP Law Blog: Senator Hawley Targets Disney with So-Called Copyright Reform Bill

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

In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss idea theft claims in California and whether the issue of novelty can be an element of the case. Continue Reading The Briefing by the IP Law Blog: An Idea Doesn’t Have to be Novel to be Stolen (In California)