Monthly Archives: October 2018

New Copyright Law: Music Modernization Act (MMA)

On October 11, 2018, President Donald J. Trump signed the Orrin G. Hatch-Bob Goodlatte Music Modernization Act (MMA) into law.  This bipartisan law amends the U.S. Copyright Act, and is the first major reform of music copyright law in the U.S. in decades. The MMA seeks to streamline music licensing [...]

By |2019-01-04T16:51:42+00:00October 31st, 2018|

Profits Interest and Section 1061 – Three Year Holding Period Requirement for Long-Term Capital Gain Treatment

Under the Tax Cuts and Jobs Act (“TCJA”), a taxpayer holding an “applicable partnership interest” is required to recalculate any net long-term capital gain realized “with respect to” the “applicable partnership interest” by applying a three-year holding period (instead of the standard one-year holding period). Internal Revenue Code (“IRC”) § [...]

By |2020-01-23T16:03:13+00:00October 25th, 2018|

Cybersquatting and Public Use: The Eleventh Circuit Weighs In

The United States Court of Appeals for the Eleventh Circuit recently decided a case involving trademark protection for domain names. The case, Direct Niche, LLC v. Via Varejo S/A, 898 F.3d 1144 (11th Cir. 2018), involved alleged cybersquatting, which refers to the bad faith registration or use of a domain [...]

By |2019-01-04T16:50:39+00:00October 24th, 2018|

Is Intellectual Property a Constitutional Right?

By Stephen D. Wilson | October 16, 2018 Did you know that the United States Constitution has an intellectual property (IP) clause? The IP Clause of the U.S. Constitution (1787) The U.S. Constitution was adopted on September 17, 1787.  Article I, Section 8, Clause 8, of the Constitution grants Congress [...]

By |2018-10-22T12:52:44+00:00October 16th, 2018|
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