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The Real Takeaway from VIZIO’s 
Privacy FTC Settlement

The Real Takeaway from VIZIO’s 
Privacy FTC Settlement

DWT Media Law October 5, 2017 Comments Off on The Real Takeaway from VIZIO’s 
Privacy FTC Settlement

It has been widely reported that VIZIO Inc., a large television manufacturer, settled a complaint brought by the Federal Trade Commission (FTC) and the attorney general of New Jersey for $2.2 million for alleged

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Second Circuit Denies Section 230 Immunity 
for Acts of Affiliate Marketers

Second Circuit Denies Section 230 Immunity 
for Acts of Affiliate Marketers

DWT Media Law October 3, 2017 Comments Off on Second Circuit Denies Section 230 Immunity 
for Acts of Affiliate Marketers

The 2nd U.S. Circuit Court of Appeals became the third federal appellate court to ever deny immunity under Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides broad protection for

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Protecting the Right to Complain: 
The Consumer Review Fairness Act of 2016

Protecting the Right to Complain: 
The Consumer Review Fairness Act of 2016

DWT Media Law October 2, 2017 Comments Off on Protecting the Right to Complain: 
The Consumer Review Fairness Act of 2016

On Dec. 14, 2016, President Barack Obama signed into effect the Consumer Review Fairness Act of 2016 (“the act”), making it more difficult for businesses to bring lawsuits over negative reviews. The act, which

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Growing from Our Strengths

Growing from Our Strengths

DWT Media Law September 29, 2017 Comments Off on Growing from Our Strengths

Prominent Media and First Amendment Lawyers Join 
DWT LLP We recently had the honor of adding four exceptionally strong attorneys to our practice, joining us from Levine Sullivan Koch & Schultz, LLP (LSKS): Nathan

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Three Things You Need to Know to Keep 
Your DMCA Safe Harbor Protection

Three Things You Need to Know to Keep 
Your DMCA Safe Harbor Protection

DWT Media Law September 28, 2017 Comments Off on Three Things You Need to Know to Keep 
Your DMCA Safe Harbor Protection

ON Dec. 1, 2016, the U.S. Copyright Office’s final rule governing how online service providers must designate their “agent” for infringement notifications pursuant to the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c),

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The Giboney Resurrection: A Civil Practitioner Considers the “Speech Integral to Criminal Conduct” Exception

The Giboney Resurrection: A Civil Practitioner Considers the “Speech Integral to Criminal Conduct” Exception

DWT Media Law September 26, 2017 Comments Off on The Giboney Resurrection: A Civil Practitioner Considers the “Speech Integral to Criminal Conduct” Exception

Where does free speech end and crime begin? This is an old legal question in American law; it stretches back to the beginnings of the republic, and even earlier. Crown v. John Peter Zenger

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Shared Risks? The Top Six Issues 
Facing the Sharing Economy

Shared Risks? The Top Six Issues 
Facing the Sharing Economy

DWT Media Law September 25, 2017 Comments Off on Shared Risks? The Top Six Issues 
Facing the Sharing Economy

The sharing economy—often called “collaborative consumption” or “the gig economy”—allows individuals to enter markets dominated by established companies by using technology to advertise or purchase goods or services. Websites like HomeAway and Airbnb allow

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Ninth Circuit Holds Website Can Lose DMCA Safe Harbor by Using Moderators

Ninth Circuit Holds Website Can Lose DMCA Safe Harbor by Using Moderators

DWT Media Law September 21, 2017 Comments Off on Ninth Circuit Holds Website Can Lose DMCA Safe Harbor by Using Moderators

Earlier this month, the 9th Circuit Court of Appeals held that an online provider may become ineligible for the safe harbor provided by Section 512(c) of the Digital Millennium Copyright Act (DMCA) if its

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New York’s Appellate Court Reaffirms Broad Scope of Shield Law Protects Niche Publication from Forced Disclosure of Confidential Sources

New York’s Appellate Court Reaffirms Broad Scope of Shield Law Protects Niche Publication from Forced Disclosure of Confidential Sources

DWT Media Law September 20, 2017 Comments Off on New York’s Appellate Court Reaffirms Broad Scope of Shield Law Protects Niche Publication from Forced Disclosure of Confidential Sources

In a victory for newsgathering, a New York appellate court struck down an order compelling Reorg Research Inc., a niche publication covering the distressed-debt and leveraged finance markets, to disclose the names of confidential

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Ninth Circuit Retcons Its “Dancing Baby” Fair-Use Decision and Creates More Confusion

Ninth Circuit Retcons Its “Dancing Baby” Fair-Use Decision and Creates More Confusion

DWT Media Law August 18, 2016 Comments Off on Ninth Circuit Retcons Its “Dancing Baby” Fair-Use Decision and Creates More Confusion

By Lance Koonce Retcon /retkän/: Abbreviation of “retroactive continuity”; “Revise (an aspect of a fictional work) retrospectively, typically by introducing a piece of new information that imposes a different interpretation on previously described events.”

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Streaming Video of Oral Arguments: Now Live in California… and Then Everywhere Else?

Streaming Video of Oral Arguments: Now Live in California… and Then Everywhere Else?

DWT Media Law August 17, 2016 Comments Off on Streaming Video of Oral Arguments: Now Live in California… and Then Everywhere Else?

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The Test of Time: 
Section 230 of the Communications Decency Act Turns 20

The Test of Time: 
Section 230 of the Communications Decency Act Turns 20

DWT Media Law August 9, 2016 Comments Off on The Test of Time: 
Section 230 of the Communications Decency Act Turns 20

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The Wild, Distributed World: 
Get Ready for Radical Infrastructure Changes, from Blockchains to the Interplanetary File System to the Internet of Things

The Wild, Distributed World: 
Get Ready for Radical Infrastructure Changes, from Blockchains to the Interplanetary File System to the Internet of Things

DWT Media Law August 3, 2016 Comments Off on The Wild, Distributed World: 
Get Ready for Radical Infrastructure Changes, from Blockchains to the Interplanetary File System to the Internet of Things

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Ninth Circuit Finds First Amendment Protects Against Right-of-Publicity Claim Involving Film “The Hurt Locker”

Ninth Circuit Finds First Amendment Protects Against Right-of-Publicity Claim Involving Film “The Hurt Locker”

DWT Media Law July 29, 2016 Comments Off on Ninth Circuit Finds First Amendment Protects Against Right-of-Publicity Claim Involving Film “The Hurt Locker”

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Documentary Interviewee Hit with Sanctions for Making False Allegations Against Center for Investigative Reporting

Documentary Interviewee Hit with Sanctions for Making False Allegations Against Center for Investigative Reporting

DWT Media Law July 26, 2016 Comments Off on Documentary Interviewee Hit with Sanctions for Making False Allegations Against Center for Investigative Reporting

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Fair Use, Viral Videos, and Correcting the Record About the Jukin Case

Fair Use, Viral Videos, and Correcting the Record About the Jukin Case

DWT Media Law July 14, 2016 Comments Off on Fair Use, Viral Videos, and Correcting the Record About the Jukin Case

By Jason Harrow While fair use has recently evolved in a way that has been, for the most part, increasingly hospitable to commentators, critics and appropriation artists, it remains an area in which there

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In-House Insider: 
Medium

In-House Insider: 
Medium

DWT Media Law July 5, 2016 Comments Off on In-House Insider: 
Medium

By Jaya Kasibhatla Medium was launched in August 2012 by Twitter co-founder Evan Williams as a way for social media users to publish ideas and stories. Over the past few years, Medium has quickly

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Internet Service Providers and Oldies Fans Rejoice: 
Second Circuit Holds the DMCA Safe Harbor Covers Pre-1972 Sound Recordings

Internet Service Providers and Oldies Fans Rejoice: 
Second Circuit Holds the DMCA Safe Harbor Covers Pre-1972 Sound Recordings

DWT Media Law June 28, 2016 Comments Off on Internet Service Providers and Oldies Fans Rejoice: 
Second Circuit Holds the DMCA Safe Harbor Covers Pre-1972 Sound Recordings

By Jim Rosenfeld and George Wukoson The U.S. Court of Appeals for the Second Circuit’s June 16, 2016, decision in Capitol Records, LLC v. Vimeo, LLC was a victory for internet service providers who

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Is Everything Going to Be OK? Whether Individual Emoji Are Copyrightable

Is Everything Going to Be OK? Whether Individual Emoji Are Copyrightable

DWT Media Law January 21, 2016 Comments Off on Is Everything Going to Be OK? Whether Individual Emoji Are Copyrightable

By Jason Harrow The editors of Oxford Dictionaries recently named  the word of the year in 2015. [1] No, that is not a strange typo: The word of the year really was an emoji.

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Digital Emotions: The Evidentiary Impact of Emoticons and Emojis

Digital Emotions: The Evidentiary Impact of Emoticons and Emojis

DWT Media Law January 20, 2016 Comments Off on Digital Emotions: The Evidentiary Impact of Emoticons and Emojis

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The Dancing Baby Grooves to Mixed Victory in the 9th Circuit: Court Holds that DMCA Takedown Notices Require Consideration of Fair Use

The Dancing Baby Grooves to Mixed Victory in the 9th Circuit: Court Holds that DMCA Takedown Notices Require Consideration of Fair Use

DWT Media Law January 5, 2016 Comments Off on The Dancing Baby Grooves to Mixed Victory in the 9th Circuit: Court Holds that DMCA Takedown Notices Require Consideration of Fair Use

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Holy Copyrightability Batman! The Batmobile Is Still a Superhero

Holy Copyrightability Batman! The Batmobile Is Still a Superhero

DWT Media Law January 3, 2016 Comments Off on Holy Copyrightability Batman! The Batmobile Is Still a Superhero

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California’s Correction Statute Amended to Protect Online and Weekly Publications

California’s Correction Statute Amended to Protect Online and Weekly Publications

DWT Media Law December 21, 2015 Comments Off on California’s Correction Statute Amended to Protect Online and Weekly Publications

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Another Page in the Google Books Saga: Appeals Court Blesses Mass Digitization Project as Fair Use

Another Page in the Google Books Saga: Appeals Court Blesses Mass Digitization Project as Fair Use

DWT Media Law November 21, 2015 Comments Off on Another Page in the Google Books Saga: Appeals Court Blesses Mass Digitization Project as Fair Use

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FTC OKs Facial Recognition Consent Under COPPA Rule

FTC OKs Facial Recognition Consent Under COPPA Rule

DWT Media Law November 20, 2015 Comments Off on FTC OKs Facial Recognition Consent Under COPPA Rule

By Ronald G. London and Bryan Thompson This past Nov. 18, the Federal Trade Commission (FTC) approved a new verifiable parental-consent method under the Children’s Online Privacy Protection Act (COPPA) Rule, which will allow

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California Beefs Up Encryption & Notice in Data Breach Law

California Beefs Up Encryption & Notice in Data Breach Law

DWT Media Law October 27, 2015 Comments Off on California Beefs Up Encryption & Notice in Data Breach Law

By Christopher Avery and Bryan Thompson On October 8, 2015, California Governor Jerry Brown signed A.B. 964 and S.B. 570 into law, a pair of bills that amended the Golden State’s data breach notification

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The 2015 Amendments to the Federal Rules of Civil Procedure: Changing the Way Civil Litigants Operate in Federal Court

The 2015 Amendments to the Federal Rules of Civil Procedure: Changing the Way Civil Litigants Operate in Federal Court

DWT Media Law October 26, 2015 Comments Off on The 2015 Amendments to the Federal Rules of Civil Procedure: Changing the Way Civil Litigants Operate in Federal Court

By Karen A. Henry and Diana Palacios The recent amendments to the Federal Rules of Civil Procedure are the most significant overhaul of the rules governing civil litigation in federal court that we’ve seen

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The Dark Knight, Black Panthers, Ghosts and Ginger Rogers: Increasing Protection for Use of Trademarks in Promotions for Expressive Works

The Dark Knight, Black Panthers, Ghosts and Ginger Rogers: Increasing Protection for Use of Trademarks in Promotions for Expressive Works

DWT Media Law March 22, 2015 Comments Off on The Dark Knight, Black Panthers, Ghosts and Ginger Rogers: Increasing Protection for Use of Trademarks in Promotions for Expressive Works

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Summary Judgment for the Song of the Summer: The Court Takes a Hard Line Against Blurred Lines

Summary Judgment for the Song of the Summer: The Court Takes a Hard Line Against Blurred Lines

DWT Media Law November 25, 2014 Comments Off on Summary Judgment for the Song of the Summer: The Court Takes a Hard Line Against Blurred Lines

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Transformative Use of Notorious Dictator’s Name and Likeness in Video Game is Protected Speech

Transformative Use of Notorious Dictator’s Name and Likeness in Video Game is Protected Speech

DWT Media Law November 24, 2014 Comments Off on Transformative Use of Notorious Dictator’s Name and Likeness in Video Game is Protected Speech

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The Right to be Forgotten or Not Exposed

The Right to be Forgotten or Not Exposed

DWT Media Law November 23, 2014 Comments Off on The Right to be Forgotten or Not Exposed

  By Elizabeth McNamara and Samuel M. Bayard The ubiquitous and permanent availability of damning information on the Internet has been the source of countless news articles.  Stories in the press commonly relate cautionary

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Section 230 Does Not Apply to Allegations that Website for Models Failed to Warn Plaintiff About Potential for Rape

Section 230 Does Not Apply to Allegations that Website for Models Failed to Warn Plaintiff About Potential for Rape

DWT Media Law November 23, 2014 Comments Off on Section 230 Does Not Apply to Allegations that Website for Models Failed to Warn Plaintiff About Potential for Rape

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FCC Requires Closed Captioning of IP Video Clips

FCC Requires Closed Captioning of IP Video Clips

DWT Media Law November 23, 2014 Comments Off on FCC Requires Closed Captioning of IP Video Clips

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Google Reading Your [Redacted]: A Front Row Seat at the High-Stakes Spying Case You’ve Never Heard of

Google Reading Your [Redacted]: A Front Row Seat at the High-Stakes Spying Case You’ve Never Heard of

DWT Media Law November 23, 2014 Comments Off on Google Reading Your [Redacted]: A Front Row Seat at the High-Stakes Spying Case You’ve Never Heard of

  By Thomas R. Burke and Jonathan L. Segal Back in February, in a San Jose courtroom, a bombshell was dropped that could have been erased from the public record. The revelation came in

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Supreme Court Solidifies Privacy Protections for Cellphone Data by Holding Warrantless Searches Incident to Arrest Unconstitutional

Supreme Court Solidifies Privacy Protections for Cellphone Data by Holding Warrantless Searches Incident to Arrest Unconstitutional

DWT Media Law July 2, 2014 Comments Off on Supreme Court Solidifies Privacy Protections for Cellphone Data by Holding Warrantless Searches Incident to Arrest Unconstitutional

By Ronald G. London and Robert Corn-Revere In a consolidated decision in Riley v. California and United States v. Wurie, the Court held that a warrantless search of a suspect’s cellphone data incident to arrest is

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The Big Picture: Aereo Held to Violate Public Performance Right

The Big Picture: Aereo Held to Violate Public Performance Right

DWT Media Law June 30, 2014 Comments Off on The Big Picture: Aereo Held to Violate Public Performance Right

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California Supreme Court Holds Names of Officers in Police Shootings Should Be Disclosed

California Supreme Court Holds Names of Officers in Police Shootings Should Be Disclosed

DWT Media Law June 26, 2014 Comments Off on California Supreme Court Holds Names of Officers in Police Shootings Should Be Disclosed

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New York Decision Protects Author’s Speculation on Paternity as  Opinion Based on Disclosed Facts — Oleniak v. Slaton

New York Decision Protects Author’s Speculation on Paternity as Opinion Based on Disclosed Facts — Oleniak v. Slaton

DWT Media Law June 25, 2014 Comments Off on New York Decision Protects Author’s Speculation on Paternity as Opinion Based on Disclosed Facts — Oleniak v. Slaton

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2nd Circuit Issues Its Fair Use Ruling in Authors Guild v. HathiTrust

2nd Circuit Issues Its Fair Use Ruling in Authors Guild v. HathiTrust

DWT Media Law June 24, 2014 Comments Off on 2nd Circuit Issues Its Fair Use Ruling in Authors Guild v. HathiTrust

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European Union’s Highest Court Rules Google Must Remove Links Containing Personal Data

European Union’s Highest Court Rules Google Must Remove Links Containing Personal Data

DWT Media Law June 23, 2014 Comments Off on European Union’s Highest Court Rules Google Must Remove Links Containing Personal Data

By Thomas R. Burke, Robert D. Balin, and Ambika K. Doran In a significant and concerning decision, the European Court of Justice (“ECJ”) has endorsed the so-called “right to be forgotten” and ruled that,

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The Redskins Decision: What It Means and Does Not Mean

The Redskins Decision: What It Means and Does Not Mean

DWT Media Law June 20, 2014 Comments Off on The Redskins Decision: What It Means and Does Not Mean

By David M. Silverman and Marshall J. Nelson The Trademark Trial and Appeal Board (TTAB or Board) decided to cancel the Washington Redskins’ federal trademark registrations for REDSKINS as disparaging of Native Americans, in

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Drone Journalism: It’s in the Air.  
But Will the Media and FAA Be Ready for Take-Off in 2015?

Drone Journalism: It’s in the Air. 
But Will the Media and FAA Be Ready for Take-Off in 2015?

DWT Media Law May 6, 2014 Comments Off on Drone Journalism: It’s in the Air. 
But Will the Media and FAA Be Ready for Take-Off in 2015?

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FCC Proposes Fines of More Than $1.9M 
for EAS Violations

FCC Proposes Fines of More Than $1.9M 
for EAS Violations

DWT Media Law May 4, 2014 Comments Off on FCC Proposes Fines of More Than $1.9M 
for EAS Violations

By Burt Braverman and Jennifer Toland Frewer On March 3, 2014, the Federal Communications Commission (FCC) issued an omnibus Notice of Apparent Liability (NAL) that proposes substantial fines totaling more than $1.9 million against

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California Supreme Court to Decide in GLAD v. CNN Whether State Disabled Persons Act’s “Public Accommodations” Include Websites

California Supreme Court to Decide in GLAD v. CNN Whether State Disabled Persons Act’s “Public Accommodations” Include Websites

DWT Media Law May 2, 2014 Comments Off on California Supreme Court to Decide in GLAD v. CNN Whether State Disabled Persons Act’s “Public Accommodations” Include Websites

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Blurred Lines: 9th Circuit Applies Same First Amendment Protections to Bloggers as Traditional Media

Blurred Lines: 9th Circuit Applies Same First Amendment Protections to Bloggers as Traditional Media

DWT Media Law April 30, 2014 Comments Off on Blurred Lines: 9th Circuit Applies Same First Amendment Protections to Bloggers as Traditional Media

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Supreme Court Reiterates that New York Times Actual Malice Standard Requires Materially False Statements

Supreme Court Reiterates that New York Times Actual Malice Standard Requires Materially False Statements

DWT Media Law April 29, 2014 Comments Off on Supreme Court Reiterates that New York Times Actual Malice Standard Requires Materially False Statements

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Big Fees Award in Copyright Arbitration for LA Times

Big Fees Award in Copyright Arbitration for LA Times

DWT Media Law April 28, 2014 Comments Off on Big Fees Award in Copyright Arbitration for LA Times

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9th Circuit Declines to Reconsider Applicability of Anti-SLAPP Statute in Federal Court

9th Circuit Declines to Reconsider Applicability of Anti-SLAPP Statute in Federal Court

DWT Media Law December 30, 2013 Comments Off on 9th Circuit Declines to Reconsider Applicability of Anti-SLAPP Statute in Federal Court

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New York’s Shield Law Follows New York Reporters Wherever They May Roam

New York’s Shield Law Follows New York Reporters Wherever They May Roam

DWT Media Law December 30, 2013 Comments Off on New York’s Shield Law Follows New York Reporters Wherever They May Roam

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The Curious Case of Sherlock Holmes’ Copyright

The Curious Case of Sherlock Holmes’ Copyright

DWT Media Law December 29, 2013 Comments Off on The Curious Case of Sherlock Holmes’ Copyright

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