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Imitation is the Sincerest Form of Flattery, But is it Infringement? The Law of Tribute Bands

By   /  June 1, 2012  /  Copyright Law, Intellectual Property, Trademark Law 

Tribute Band

This comment explores the current law governing tribute bands and the legal ramifications of these bands on the rights of the original artists, including potential copyright infringement, trademark infringement and right of publicity claims. The artists, to whom these bands pay tribute, are not appropriately compensated under the current licensing system and lack any control over their tribute band counterparts’ exploitation of their works and personae.

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Recent Case: People v. Devone

By   /  June 1, 2011  /  4th Amendment, Constitutional Law 

Police Dog

In a consolidated appeal before the New York Court of Appeals, Devone and Abdur-Rashid challenged the admission of the drugs found as a result of these “searches,” alleging that the use of trained narcotic-sniffing dogs to conduct a canine sniff of the exterior of a lawfully stopped vehicle constitutes a search under article I, section 12 of the New York State Constitution, requiring reasonable suspicion.

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