Balough
September 2, 2019
(September 2, 2019) For the second time this year, Richard C. Balough has authored a book chapter for the American Bar Association. The new chapter is included in the ABA’s The Law of Artificial Intelligence and Smart Machines. The chapter discusses whether a work created by artificial intelligence may be patented or copyrightable in the United States. […]
Balough
June 9, 2016
(June 9, 2016) A school bus turned into a 16th-century Spanish galleon at the Burning Man Festival may be art, but its destruction is not a violation of the Visual Artists Rights Act (VARA). The Ninth Circuit affirmed that La Contessa is not a “work of visual art” entitled to VARA protection. Instead, the galleon is […]
Balough
May 27, 2016
(May 27, 2016) What advice attorneys need to give their clients on driverless cars is explored in an article by Richard C. Balough published by the American Bar Association’s Business Law Today. The age of autonomous vehicles is coming soon. You may soon be seeing vehicles on the road with no drivers as part of […]
Balough
December 1, 2015
(December 1, 2015) Cars are computers on wheels and modifying their software may violate copyright laws. But thanks to the U.S. Copyright Office, it will be a “fair use” for owners to make most changes to their car’s software. The Digital Millennium Copyright Act (DMCA), 17 U.S.C. Sec. 1201(a)(1), prohibits unauthorized persons from accessing copyrighted […]
Balough
August 30, 2015
(August 30, 2015) One of the infamous copyright troll attorneys who sent thousands of shakedown letters to persons who allegedly illegally downloaded porn videos now faces an action brought by the Illinois Attorney Registration and Disciplinary Commission (ARDC). John L. Steele, who operated various law firms—including Prenda Law with Paul Duffy Steele Hansmeier and The […]
Balough
January 22, 2015
DISH Network’s DVR technologies do not infringe on Fox Broadcasting Company’s copyrights, but provisions in a 2002 contract prohibit some of DISH’s activities, a federal district court found in ruling on cross-motions for summary judgment. Fox filed a copyright infringement and breach of contact case against DISH Network over its services that allow consumers to time […]
Balough
October 3, 2014
Two of the founders of The Turtles won a summary judgment on the issue of liability against Sirius XM Radio Inc., finding the satellite service liable because it did not have the right to broadcast the band’s original recordings. Howard Kaylan and Mark Volman own Flo & Eddie Inc., a company that owns the original […]
Balough
September 16, 2014
The image of the Madison, Wisconsin mayor on tee shirts and tank tops was so altered that not enough of the underlying photograph remained to support a copyright infringement lawsuit, the Seventh Circuit found. The tee shirts and tank tops were sold in connection with the Mifflin Street Block Party, which Mayor Paul Soglin wants […]
Balough
August 18, 2014
While the monkey who shot a selfie that created an interesting copyright question can’t sell her image, the photographer whose camera was used is giving away an 8 x 12 canvas of the image to each person who requests one and donating £1 per canvas to the Sulawesi crested black macaques Conservation Programme in Indonesia. […]
Balough
August 4, 2014
The case of Sherlock Holmes attempt to demand a license fee for expired copyrights now includes a new chapter: awarding attorneys’ fees to the plaintiff who challenged the “unlawful business strategy.” The Seventh Circuit found that Conan Doyle Estate, Ltd. must pay the attorneys’ fees for Leslie Klinger, who won a declaratory judgment that he […]
