What’s the Deal with 501(c)(3)’s? (Part 1)

Non-profit organizations, by their nature, provide great value through their missions and services. That is at least part of the reason why they typically receive tax-exempt status, including under Section 501(c)(3) of the Internal Revenue Code (IRC). However, that tax-exempt status is fragile and contingent on meeting and maintaining certain requirements, and an organization can … Read more

Our Favorite Holiday: Public Domain Day!

On January 1, 2022, copyrighted works from 1926 will enter the US public domain.  That means that anyone can copy, share, and build upon that work, but it doesn’t mean the public can do the same for things that are already derived from the original.  What do I mean by that?  Well, the first Winnie-the-Pooh … Read more

Just Following (Madrid) Protocol

As I advise clients on trademark issues, it is relatively common for clients to ask if there is an “international trademark”. I then break the unfortunate news that there is no such thing as an “international trademark”. Instead, registered trademark protections only extend to the national borders where the mark is registered. This means that … Read more

Why We Need Their Life Story

We’ve all asked when on a food blogger’s site, “Why can’t you just give me the recipe and not your life story?”  Many have listened to this complaint and added a much (to me) valued “Jump to Recipe” button on the top.  But I am here to defend all those stories that I often skip.  … Read more

“Would You Capture It or Just Let It Slip?”

Many of our readers are likely familiar with Eminem’s hit single “Lose Yourself.” I imagine significantly fewer are familiar with “Mom’s Spaghetti,” the underrated and amusing parody to “Lose Yourself.” In recent weeks, “Mom’s Spaghetti” made national headlines for a different reason.  A “Mom’s Spaghetti” restaurant took its “chance to blow” by opening in downtown … Read more

Copyright and Creative Commons: What to Do with My Bundle of Sticks?

I remember sitting in my Property Law class as a first year law student and learning about the “bundle of sticks,” a metaphor law school professors use to describe property law. In short, each property right is a “stick” taken together as a “bundle.” For example, the property management company that owns my apartment owns … Read more

Tiktok Creators Making Major Moves In the Copyright World

Late last month, a little clock-app and a handful of online creators made moves that are likely to permanently alter the existing copyright landscape. That’s right, Tiktok, an app with over 689 million active monthly users, and creators like Keara Wilson (the dancer who choreographed the insanely viral Savage Challenge dance to the Megan Thee … Read more

Narrow Auto-Dialing Definition Broadens Text

NARROW AUTO-DIALING DEFINITION BROADENS TEXT I wrote this post last year, but the US Supreme Court has been busy since then addressing the Telephone Consumer Protection Act (TCPA).  In April of 2021, they unanimously overturned the Ninth Circuit’s broad interpretation of an autodialer in Facebook v. Duguin.  The opinion states that a notification system that … Read more

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