Late last year, a federal court sided with the Department of Justice and blocked the planned merger of book publishers Simon & Schuster and Penguin Random House. The decision was a rare collision between antitrust law and the deeply consolidated copyright content industries. Over the course of...

United States copyright law has long prohibited protection of the functional. The addition of architecture as protected subject matter in 1990 did little to change this fundamental tenet: added begrudgingly by Congress as a necessary condition of the United States’ accession to the Berne...

The age of digital distribution has presented two unique problems for rights clearances: first, new technologies often aggregate and disseminate large quantities of copyrighted works, which requires obtaining rights from a large number of copyright holders. Second, new technologies lower the...

Much has been written, and much is understood, about how and why digital platforms regulate free expression on the Internet. Much less has been written— and even much less is understood—about how and why digital platforms regulate creative expression on the Internet—expression that makes...

Intellectual property law and the art forms it is meant to protect are expanding. In our information age, artists hoping to assert their rights frequently assert a combination of trademark, copyright, and right of publicity or moral rights claims in order to maximize their chances of success....