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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 …
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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 …
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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 …
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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 …
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The Ink Won’t Run, and Neither Will the Copyright: Copyright Protection of Tattoos

(c) 2013.  Shanen R. Prout.  All rights reserved. In property law there are many rights that “run” with the property, which is to say that whoever possesses or owns the property holds those rights.  As the property changes hands, these …
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Recent Articles

Vitatech International, Inc. v. Sporn: Guidance on Contractual Liquidated Damages Provisions

A recent case from the California Court of Appeal highlights the importance of not running afoul of California’s ban on liquidated penalties. On September 29, 2017, in Vitatech International, Inc. v. Sporn, Appeal No. G053477, the Court of Appeal, Fourth …
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Goles v. Sawhney: Guidance on California’s Minority Shareholder Buyout Mechanism

A recent case from the California Court of Appeal offers instruction in how to conduct the valuation of a minority shareholder’s interest under California’s statutory buyout process in a corporate dissolution lawsuit. On November 22, 2016, in Goles v. Sawhney, …
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