Monthly Archives: March 2014

Is There Still a Public Domain in Copyright Law?

(c) 2012.  Shanen R. Prout.  All rights reserved. In January 2012, the United States Supreme Court held that certain original works of authorship that enter the public domain can have their copyrights restored.  The case is Golan v. Holder, Case No. 10-545 (Jan. 18, […]

Legal Issues Every Artist Should Be Aware Of

(c) 2012.  Shanen R. Prout.  All rights reserved. Registering artwork with the U.S. Copyright Office provides important benefits Copyright registration with the United States Copyright Office is not a condition of copyright protection; however, there are advantages to registering your work, including: Registration establishes […]

The Advantages and Disadvantages of Including Arbitration Provisions in Contracts

(c) 2012.  Shanen R. Prout.  All rights reserved. Conventional wisdom among many business lawyers says that arbitration is usually preferable over litigation in court because it avoids expensive, time consuming, and inefficient dispute resolution.  It has become standard practice for many attorneys to include […]

Recent Ninth Circuit Opinion Demonstrates the Difficulty for Fashion Wholesalers and Retailers Accused of Copyright Infringement to Dismiss Cases Before Trial

(c) 2012.  Shanen R. Prout.  All rights reserved. On April 9, 2012, the United States Court of Appeals for the Ninth Circuit issued a decision in L.A. Printex Industries, Inc. v. Aeropostale, Inc., Case No. 10-56187, holding that the defendants Aeropostale, Inc. and Ms. […]