Of Polar Bears and Copyrights: Southern District of New York Again Rejects the Server Test

Written by Leo M. Lichtman A polar bear is currently at the center of an important copyright dispute in the Southern District of New York in a case that could hold major implications over the scope of a copyright holder’s exclusive display rights.  See Nicklen v. Sinclair Broad. Grp., 2021 WL 3239510 (S.D.N.Y. July 30, 2021). The case was filed by Paul Nicklen, a nature … Continue reading Of Polar Bears and Copyrights: Southern District of New York Again Rejects the Server Test

Copyright Preemption Remix – The Second Circuit Finds Implied Preemption of Right of Publicity Claim Relating to Remixes on Mixtape

Written by Elaine K. Kim and Elaine Nguyen The Second Circuit recently issued an important decision, In re Jackson, No. 19-480, — F.3d —, 2020 WL 4810706 (2d Cir. Aug. 19, 2020), in which it held that a state law right of publicity claim was barred on the ground of implied copyright preemption.  While implied preemption—also known as conflict preemption—has come up in other copyright … Continue reading Copyright Preemption Remix – The Second Circuit Finds Implied Preemption of Right of Publicity Claim Relating to Remixes on Mixtape