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Don McGowan
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"Blurred Lines" is clear infringement
Am I the only one in the world who thinks the Blurred Lines judgment is right? From the Internet, it sure seems that way. Robin Thicke
and Pharrell Williams broke into jail here. From a litigator's perspective I
have no hesitation in saying they are reapi...

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The California Civil War - first glance at the random thoughts leading to my upcoming book
Up early on New Year's Day. Starting the "outline" (by which I mean random thoughts) for my book that I'll write this year. The working title, which anyone who took my Entertainment Law class in 2012 or 2013 will recall, is The California Civil War. It's on...

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Quick thoughts on the Aereo judgment, more to come
I'll give a more full post imminently, but my initial thoughts The majority opinion is policy, not law. It's telling that they never once reference the prior precedent, Cablevision, except to note that it was the prior precedent. That means they're not givi...

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The final exam question for my Entertainment Law class
As I've mentioned in this space, I teach Entertainment Law at the University of Washington every Spring. This year's final exam question is below the jump. Over the next few posts I'll put up some aspects of the answer that I think might be of interest to t...

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From 12 Years a Slave to collective agreements: one possible explanation for the script controversy
On the weekend, 12 Years a Slave won the Academy Award for Best Adapted Screenplay as well as Best Picture. There has been some controversy around the authorship of the screenplay. Apparently Steve McQueen believed at one point that he should have received ...

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Netflix and Comcast enter agreement to speed up streaming: 5 consequences for you and me
I hope you like Netflix. I know I do. Good thing. Because this week the world changed in a way to make Netflix even more likely to be your only real option in streaming media. Over the weekend of February 22-23 GigaOm broke the story that Netflix and Comcas...

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Jimi Hendrix merchandise sales shows two risks all creators face when basing characters on real people
Yes, I'll admit it, that title is a horrible and tortured pun. You should never have to experience anything like it again. (Okay, I'll stop.) But one seller of Jimi Hendrix merchandise had an experience in Washington State that teaches two valuable lessons ...

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Three points to help you avoid infringing when using popular source material
Every year, new versions of classic tales reappear in popular culture. Sherlock Holmes showed up in both movies and television. 2013's breakout surprise hit TV show was based on Washington Irving's "The Legend of Sleepy Hollow". And since the stories and ch...

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The Apple e-books litigation post #1: why did it happen at all?
Although the Apple e-books judgment is a few months old, its consequences haven't yet begun to be fully understood. Tthis judgment starts to rebalance the playing field away from bottlenecks and distributors and toward individual content creators in several...

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The Apple e-books litigation post #1: why did it happen at all?
Although the Apple e-books judgment is a few months old, its consequences haven't yet begun to be fully understood. Tthis judgment starts to rebalance the playing field away from bottlenecks and distributors and toward individual content creators in several...
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