HHR New Media, Entertainment and Technology Group

The Digital Millennium Copyright Act celebrated its 10^th anniversary this week.  That milestone provides us with an excuse to take a brief look at the statute and some ways it has affected the digital marketplace.

The DMCA was initially intended as the US implementation of two treaties adopted by the World Intellectual Property Organization (WIPO) in 1996 to establish rules for two evolving forms of digital media: music and computer software and databases.  However, as the legislation was introduced in Congress, additional provisions were added in response to lobbying efforts by two distinct constituencies.  

Continue Reading »

In my post dated August 26^th, 2008, I discussed the potential encroachment upon the established doctrine of fair use as it relates to evaluating, on a case-by-case basis, the digital use and publication of copyrighted works.  The recent news about the settlement agreement reached between Google, the Authors Guild and the Association of American Publishers may just be adding more fuel to the proverbial fire in terms of turning the doctrine on its head.  Continue Reading »

Our colleagues in the HHR Patent group, led by Peter Sullivan, recently filed an amicus brief on behalf of the American Intellectual Property Law Association to explain to the Fifth Circuit how the federal district court for the Eastern District of Texas was routinely misapplying the federal transfer statute, a trend that was having have serious ramifications for patent litigants.  Click here for for more information on the decision and HHR’s role.

We recently had an opportunity to explore and write about the current trends and challenges in Latin America’s expanding digital marketplace.  The article below appeared in Volume 7, Issue 8 of LATINLAWYER magazine, www.LATINLAWYER.com. 

    Winning the Digital Race

On Monday, President Bush signed what some are calling a controversial law entitled The Prioritizing Resources and Organization for Intellectual Property Act of 2008 or “Pro-IP Act”.  The Pro-IP Act is designed to increase protection of intellectual property by imposing harsher criminal penalties for intellectual property piracy and counterfeiting, including expanding the ability of the government to permanently seize goods and creating an Intellectual Property enforcement officer or “czar”, a new cabinet position whose sole job is to increase intellectual property enforcement. 

Continue Reading »