Eleanor M. Lackman Quoted in World Intellectual Property Review
Eleanor M. Lackman was quoted in the article, "US court moves law on ‘kinetic’ fidgets," published in World Intellectual Property Review on January 22, 2025.
The article discusses a recent Ninth Circuit decision that ruled that that kinetic fidget sculptures qualify for copyright protection despite their ability to change form, setting a precedent for copyright protection of movable sculptures.
From the article...
"Eleanor Lackman, co-chair and partner at Mitchell Silberberg & Knupp, believed the Ninth Circuit 'reached the right result.'
'While the law isn’t particularly clear as to how transitory is too transitory at the baseline—the Second Circuit once held that a buffer copy of 1.2 seconds was too short—even works that exist for a matter of minutes in some tangible medium have been held to be sufficiently ‘fixed’ in order to meet the fixation requirement,' explained Lackman."
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