Publications
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Center for Art Law Publishes Farmer, Leitner and Maharaj on Warhol v. Goldsmith SCOTUS Oral Arguments
Center for Art Law
October 22, 2022
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Ninth Circuit Rules Hemp-Derived Delta-8 THC Products Are Federally Legal, Creating Broad Implications for the Hemp, Marijuana and Insurance Industries
Ninth Circuit Rules Hemp-Derived Delta-8 THC Products Are Federally Legal
June 13, 2022
The Ninth Circuit’s decision in AK Futures LLC v. Boyd St. Distro, LLC has broad implications for the future of delta-8 THC as federal and state authorities grapple with the sudden popularity of these unregulated intoxicating products. This article examines the underlying dispute over delta-8 THC’s federal legality, as well as the AK Futures opinion and its likely impact on the hemp and marijuana industries and on the insurance companies that insure them.
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U.S. Supreme Court Reverses Ninth Circuit, Holding that a Mistake of Law Can Excuse an Inaccurate Copyright Registration
U.S. Supreme Court on Consequences of an Inaccurate Copyright Registration Application
March 15, 2022
The U.S. Supreme Court reversed the Ninth Circuit, holding that lack of either factual or legal knowledge can excuse an inaccuracy in a copyright registration, and thus does not preclude a copyright holder from asserting a valid copyright infringement claim.
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National Law Review Publishes Farmer, Fisher, Taylor and Leitner on Recent Third Circuit Decision Impacting Immunity Granted to Internet Platforms
November 18, 2021
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Third Circuit Takes an Anti-Platform View in Interpreting the Communications Decency Act, Creating a Circuit Split
Circuits Split on Interpretation of Communications Decency Act
October 29, 2021
A recent Third Circuit decision examined the scope of the “any law pertaining to intellectual property” carveout to the immunity granted to internet platforms under the Communications Decency Act (CDA), ultimately choosing to significantly expand it to include the “nontraditional” intellectual property laws, including the right of publicity. In a previous decision addressing the same subject, the Ninth Circuit expressed concern that the interpretation that the Third Circuit now advanced will cause great uncertainty for the platforms and open the floodgates to litigation.