A Seismic Ruling Undone: California’s Sound Recording Copyright Statute Does Not Include Public Performance Rights—Flo & Eddie v. Sirius XM (Guest Blog Post)
By Guest Blogger Tyler Ochoa Last week, the U.S. Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2), which grants “exclusive ownership” of a sound…
State Government’s Alleged Copyright Infringement Wasn’t a “Taking”–Jim Olive v. University of Houston (Guest Blog Post)
by guest blogger Tyler Ochoa Last week, the Texas Supreme Court held that “the violation of a copyright, without more, is not a taking of the copyright,” and affirmed the…
New York’s New Post-Mortem Right of Publicity Law Comes Into Effect, Part 2 (Guest Blog Post)
by guest blogger Tyler Ochoa On May 29, 2021, New York’s new post-mortem right of publicity law came into effect. The law is codified at N.Y. Civil Rights Law §…
New York’s New Post-Mortem Right of Publicity Law Comes Into Effect, Part 1 (Guest Blog Post)
by guest blogger Tyler Ochoa On May 29, 2021, New York’s new post-mortem right of publicity law came into effect. The law is codified at N.Y. Civil Rights Law §…
U.S. Supreme Court Upholds Fair Use in Google-Oracle Software Battle (Guest Blog Post)
By Guest Blogger Tyler Ochoa [BONUS: Prof. Ochoa will be speaking on this case April 13, 6pm Pacific. Free registration.] On April 5, the U.S. Supreme Court held 6-2 that…
CASE-ing the Joint: The Copyright Alternative in Small-Claims Enforcement Act (Guest Blog Post)
By Guest Blogger Tyler Ochoa [Eric’s note: Prof. Ochoa previously posted a 900 word summary of the CASE Act. This post does a 5,500 word deep dive into the law…
A Short Summary of the CASE Act (Guest Blog Post)
by guest blogger Tyler Ochoa [Eric’s intro: The following is an excerpt from Joyce, Ochoa and Carroll, Copyright Law (2021 Supplement). In a future post, Prof. Ochoa will do a…
A Second Circuit Panel Misunderstands the Copyright Act’s Statute of Limitations (Guest Blog Post)
By Guest Blogger Tyler Ochoa In Sohm v. Scholastic, Inc., 959 F.3d 39 (2d Cir. 2020), a Second Circuit panel held that “the discovery rule applies for statute of limitations…
U.S. Supreme Court Confirms that States Have Sovereign Immunity from Copyright Infringement Suits–Allen v. Cooper
by guest blogger Tyler Ochoa On March 23, the U.S. Supreme Court unanimously held in Allen v. Cooper, No. 18-877, that states have sovereign immunity from claims of copyright infringement,…
Top Moments from #WIPIP2020
…of retribution. Many thanks to our fabulous Faculty Feud MC, Prof. Tyler Ochoa, who is a 2x Jeopardy champion and won Ben Stein’s money, so he knows a thing or…