Cut Visual Artists in on Profits of Original Works When Resold, Copyright Office Urges Congress

The United States Copyright Office has reversed a long-standing policy and is urging Congress to pass new legislation that would provide visual artists with a royalty payment upon the resale of their copyrighted work.   This approach recognizes that a visual artist should be paid when a unique work appreciates in value.  This is an about-turn […]

Recent Changes in U.S. Patent Law May Make Patenting Long-Held Trade Secrets Easier

The Leahy-Smith America Invents Act (AIA) which went into effect in March contains a little-discussed provision that could greatly strengthen the value and patentability of long-held trade secrets. In published notes on the new law, the U.S. Patent and Trademark Office has indicated that it will no longer consider secret sales and secret use of […]

European Union Considering Consolidation of Patchwork of Trade Secret Laws

The European Union is in the early stages of creating a Union-wide law governing the protection of trade secrets. The new law, proposed Nov. 28 and at least a year from possible implementation, would replace a patchwork of individual state regulations and procedures governing trade secrets. This patchwork, observers say, makes the trade waters of […]

TPP Treaty May Have Unintended Consequences for Fair Use

If press reports are to be believed — and their increasing number and frequency suggests they should be — the Administration is cooking up some unpleasant surprises in its tightly held (some would say secretive) discussions around the Trans-Pacific Partnership (TPP).  Reportedly, a potential TPP treaty will significantly impact our copyright laws. Like many trade […]