March 2014

  • First Circuit holds that failure to register copyrights in underlying musical compositions dooms copyright infringement claims. Alecia v. Machete Music (link)
  • N. Dist. Cal. court holds that websites copy of photo of politician is protected by copyright fair use doctrine. Dhillon v. Does 1-10 (link)
  • The 9th Circuit has declared open season on the petition for rehearing or hear en banc in its decision in Garcia v. Google – anyone can file an amicus brief (link). This case has been the subject of massive criticism by the copyright community, and it seems likely that it is headed for en banc review.
  • Techdirt: Google Points Out That Even the Copyright Office Thinks Judge Kozinski’s ‘Innocence of Muslims’ Rule is Wrong. Techdirt sums up recent developments in Garcia v. Google, including the fact that the plaintiff has been unable to obtain a copyright registration (see first bullet above).
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Prepared by Kim Meyer, my CopyrightX Teaching Fellow for class #6 in this 12 week MOOC.  @Kmeyer2015

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Boston Bar Association Interview/Profile

by Lee Gesmer on March 6, 2014

The Boston Bar Association has done a nice interview and profile of me on its blog, “Tipping the Scales.”

Lee Gesmer is a founder and partner of Gesmer Updegrove LLP, a Boston-based firm formed in 1986 that focuses on the representation of technology companies and emerging businesses. Lee’s practice focuses on litigation in the areas of business and intellectual property law. He is a former Council member and former Co-Chair of the BBA Intellectual Property Section, as well as the Computer and Internet Law and Business Litigation Committees.

1. What inspired you to take the leap and start your own firm?

My father owned his own business, and I worked for him summers in my teens. He taught me how important it is to work for yourself. He really believed America was the land of opportunity for people willing to take the risk of starting their own businesses. He embedded that idea in me at an impressionable age.

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