By , November 04, 2022.

Frankenstein’s Derivative Monster(s) — Jaci McDole examines the important derivative works right by considering the history of Frankenstein’s monster. Mary Shelley’s famous novel that introduced the character inspired countless derivative works, from translations and reprints, to film adaptations and beyond.

Valancourt Books v. Garland — IP scholar Zvi Rosen summarizes oral arguments held by the DC Circuit Court of Appeals a few weeks ago in Valancourt Books v Garland concerning the mandatory deposit provisions found in the US Copyright Act. Rosen notes, “This case might seem esoteric, but it implicates fundamental questions of the power of Congress to regulate speech, and whether such mandatory deposit of valuable books constitutes a taking of private property without compensation.”

Two Copyright Claim Wrongs Don’t Make a Copyright Claim Right: Analyzing Melendez v. Sirius XM Radio, Inc. — Analysis of a recent Second Circuit decision that affirmed the dismissal of right of publicity claims brought by “Stuttering John,” a character appearing on the Howard Stern Show. The Circuit Court agreed with the lower court’s decision that these claims are preempted by the federal Copyright Act.

Record Labels Win $47 Million Piracy Liability Verdict Against ISP Grande — A jury awarded the damages after finding the ISP liable for willful copyright infringement occurring as a result of its subscribers’ repeated infringing conduct.

Mexico and Switzerland Question Need for Extension of COVID IP Waiver — “Ultimately, the two countries want to ensure that public health is being protected and that TRIPS-related rights are not hindering that goal, but based on the evidence at hand they express skepticism that an extension of the TRIPS waiver will have any practical impact: ‘If a systemic problem regarding the access to COVID-19 therapeutics and diagnostics is demonstrated conclusively and such lack of access is caused by the current IP system, steps have to be taken to improve the situation to ensure unimpeded access. However, based on the information laid out above, we do not face a situation where we have an IP-induced lack of access to or a lack of manufacturing capacity of COVID-19 therapeutics and diagnostics. As a consequence, no adjustments to the IP system seem to be required.'”