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Category: Copyrights


Can I Use This Song In My Podcast? It Depends.
March 20, 2019
Post by Brandon W. Clark
According to Podcast Insights, there are currently over 660,000 podcasts in existence and over 28 million episodes available to listen to. This number is certainly growing as are the legal concerns and issues associated with hosting or producing a podcast. This article will provide some general guidelines and outline some of the rules around using copyrighted material in a podcast. MVS attorneys are incr.......
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Rapper Sues the Makers of Fortnite Claiming Copyright Infringement of Dance Moves
December 07, 2018
Post by Brandon W. Clark
Rapper 2 Milly has filed a copyright and right of publicity lawsuit against the makers of the Fortnite video game claiming that they are illegally using a dance move that he created in their wildly popular video game. The Brooklyn-based rapper, whose real name is Terrence Ferguson, alleges that Fortnite-maker Epic Games is misappropriating his dance moves without permission, compensation, or credit........
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Music Modernization Act Signed Into Law
October 11, 2018
Post by Brandon W. Clark
Earlier today, the Music Modernization Act (MMA) was signed into law. The MMA is a sweeping reform to music licensing and copyright related royalty payments and marks the first significant copyright legislation passed in decades. The House unanimously approved the bill in April followed by the Senate unanimously approving the legislation in September. The MMA then returned to the House for approval of th.......
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Copyright Office Proposes New Fee Schedule
June 28, 2018
Post by Brandon W. Clark
The Copyright Office recently announced a new proposed fee schedule that would increase the majority of fees associated with filings at the Copyright Office. The proposal comes after an extensive assessment performed by consultants Booz Allen Hamilton. The proposed fee increase would help the Copyright Office offset regular costs, while also providing the Copyright Office additional resources to moderniz.......
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Federal Judge Rules Embedded Tweet Violated Copyright
February 21, 2018
Post by Brandon W. Clark
In a surprising ruling, U.S. District Court Judge Katherine B. Forrest, recently ruled that several news organizations and publishers violated a photographer’s copyright when they “embedded” a photo from Twitter on their websites without permission. Judge Forrest’s decision to grant the plaintiff’s motion for partial Summary Judgement is sure to be controversial and could prove to be very significant, po.......
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Music Publishing Company Sues Spotify for $1.6 Billion
January 03, 2018
Post by Brandon W. Clark
Spotify has a growing copyright problem and as previously discussed on this blog (here and here) they are no stranger to copyright infringement lawsuits. Wixen Music Publishing Inc. recently filed a complaint seeking $1.6 billion in damages alleging copyright infringement. On December 29th, Wixen filed suit in California federal court claiming Spotify has repeatedly failed to obtain necessary statutory, .......
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Copyright Small Claims Bill Introduced
December 14, 2017
Post by Brandon W. Clark
Copyright owners are one step closer to being able to pursue copyright infringement actions through a copyright small claims system. A new bipartisan House bill has introduced the Copyright Alternative in Small-Claims Enforcement Act of 2017 (“CASE Act”). The CASE Act, H.R. 3945, was recently introduced by Congressional representatives to create a small claims court within the US Copyright Office, allowi.......
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Hollywood Studios Prevail Against Family-Friendly Video Streaming Site
September 14, 2017
Post by Brandon W. Clark
In a 3-0 ruling, a federal appeals court sided with Disney, Warner Bros., and Twentieth Century Fox by affirming an injunction that shut down movie filtering service VidAngel, Inc., saying that a ruling to the contrary would “create a giant loophole in copyright law”. VidAngel is a video filtering service that lets users stream films without nudity, violence, and alcohol and drug use. The company buys DVDs o.......
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Surge in Patent Applications Related to 3D Printing: Is Yours One of Them?
July 26, 2017
Post by Jonathan L. Kennedy
The USPTO recently released statistics that over 8,000 patent applications were filed in 2016 related to 3D printing (additive manufacturing). Some of the interesting 3D printing inventions that have been subject to publicity include,prosthetic hands and fingers for children without fingers, three-dimensional bioprinting of human-compatible vascularized tissue developed by graduate students at Harvar.......
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Spotify Settles Class Action Lawsuit for $43.4 Million
May 31, 2017
Post by Brandon W. Clark
In February of last year, I wrote a blog discussing the filing of a class action lawsuit against Spotify seeking $150 million in unpaid mechanical royalties (Read the previous post here). In a settlement announced on Friday, Spotify has agreed to set up a fund worth $43.4 million to compensate songwriters and publishers whose compositions were used without paying mechanical royalties. Mechanical royalties are a .......
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Prepping for Protection: First Steps to Developing an IP Strategy
May 16, 2017
Post by Blog Staff
Whether you are an individual, a start-up company, or an existing business, two of the hardest (and most important) questions are: “Do I have intellectual property?” and “How do I protect it?” First, having a qualified attorney will help make answering these questions significantly easier and they can help guide you through the development of an IP strategy that not only protects your current IP, but allow.......
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Let’s Go Crazy: Legal Battle Heats Up Over Unreleased Prince Recordings
April 24, 2017
Post by Nicholas J. Krob
On the anniversary of Prince’s death, a battle is being waged over the late musician’s work. Last week, Prince’s estate sued a sound engineer who was planning to release a six-song EP containing previously unreleased Prince recordings.  The estate alleged that this engineer, George Ian Boxill, was in unlawful possession of the recordings and did not have authorization to release them or to use Prince’s name.......
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Three Cheers for Copyrights: SCOTUS Establishes New Standard for Determining Separability
April 04, 2017
Post by Nicholas J. Krob
On March 22, the U.S. Supreme Court issued a ruling aimed at resolving “widespread disagreement” over an important aspect of copyright law. Under U.S. copyright law, “original works of art” are capable of protection, whereas “useful articles” are not.  However, the distinction between works of art and useful articles can often be hazy, particularly when the two are both present in the same work. This di.......
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When the Unthinkable Happens: IP Considerations for Bankruptcy
February 01, 2017
In the event that the unthinkable happens and bankruptcy becomes the only course of action for businesses, having not only a good bankruptcy attorney, but also having an involved IP attorney is vital to ensure that rights in valuable intellectual property are appropriately addressed and maintained. A basic understanding of Chapter 7 and Chapter 11 commercial bankruptcy options can help I.......
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Copyright Infringement and Fair Use in a Digital World
January 26, 2017
Post by Brandon W. Clark
In the most general sense, copyright infringement is copying, or using, a work protected by copyright without permission from the copyright owner. Almost inevitably, soon after you hear the words "copyright infringement", you will also hear the words "fair use". Fair use is one of the most frequently discussed defenses to copyright infringement but it is also one of the least understood. This article i.......
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Copyright Office Establishes New Electronic DMCA Agent Registration
December 14, 2016
Post by Brandon W. Clark
The Digital Millennium Copyright Act (DMCA) safe harbor provision is one of the most important copyright laws of today's online focused society. As of December 1, 2016, the Copyright Office has enacted a new set of rules one must follow to register a DMCA agent. The new system makes registration cheaper and easier but does require website owners and hosts to take proactive steps to e.......
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Spinal Tap Goes To 11 As Co-Creator Sues Vivendi for $125,000,000
October 19, 2016
Post by Brandon W. Clark
Brandon W. Clark It is nearly impossible to be backstage at a concert and not hear at least one quote from, or a reference to, the mockumentary This Is Spinal Tap. The film, first released in 1984, has gone on to be considered one of the most popular and successful films of all time. It has been included on numerous "best ever"lists and in 2002 the National Film Registry of the Librar.......
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The Importance of Deposit Copies in Copyright Litigation
September 08, 2016
Post by Brandon W. Clark
Brandon W. Clark Two of the most notorious copyright litigation cases in recent years share one thing in common, neither jury was allowed to compare the audio recordings of the songs in question. The rulings in both the "Blurred Lines"and "Stairway to Heaven"cases show how important it is to file accurate and complete deposit copies with the US Copyright Office. "Blurred Lines".......
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Attorneys Granted Motion for Increased Fees in "Happy Birthday" Copyright Suit
August 28, 2016
Post by Blog Staff
Recently a California U.S. District Judge found that Warner/Chappell Music, Inc. did not hold a valid copyright on the song "Happy Birthday To You‚¬, and the song was held to be in the public domain. As part of the judgment, Warner/Chappell Music, Inc. was ordered to pay $14 million to reimburse members of the class action law suit ho had previously paid to use the song "Happy Birthday To You‚¬. .......
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"Stairway to Heaven" Holds on to Iconic Riff
August 10, 2016
Caitlin M. Andersen One of the most iconic rock songs of the 20th Century came under fire earlier this summer for allegations of copyright infringement. The estate of Randy Wolfe, guitarist for Spirit on the song "Taurus,"brought a copyright suit against Led Zeppelin, frontman Robert Plant, and guitarist Jimmy Page alleging infringement of a guitar riff that opens the iconic classic ".......
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Under Pressure: The State of Sampling in the Music Industry
June 20, 2016
Post by Blog Staff
Earlier this month, Madonna won the appeal of a copyright infringement lawsuit before the 9th Circuit Court of Appeals. The plaintiff, VMG Salsoul LTD., alleged that a tiny (0.23 second!) sample of the horns from the song "Love Break"was used in Madonna's song "Vogue.‚¬ The majority held that the sample was too small to be considered infringement. Circuit Judge Susan Grab.......
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Derivative Works and Remastered Sound Recordings
June 16, 2016
Post by Brandon W. Clark
Brandon W. Clark A recently decided court case regarding remastered versions of pre-1972 sound recordings could have significant legal and practical implications for musicians, recording artists, sound engineers, and record labels. Judge Perry Anderson, of the United States District Court for the Central District of California, recently granted Summary Judgment for CBS Radio Inc. .......
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Supreme Court Revisits Standard for Awarding Attorneys' Fees in Copyright Cases
April 28, 2016
Post by Brandon W. Clark
Brandon W. Clark Earlier this week the Supreme Court heard oral arguments addressing the relevant standard for awarding attorneys' fees in cases involving copyright law. The Court's ruling, expected later this spring, will likely have a significant impact on copyright litigation cases. Section 505 of the Copyright Act provides that a district court "may"award a reasonable attorney's fee to a "prevai.......
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Does Spotify Owe You Money? Streaming Service Sued for $150 Million in Unpaid Royalties
February 24, 2016
Post by Brandon W. Clark
Brandon W. Clark David Lowery, the frontman of Cracker and Camper Van Beethoven, has recently filed a class action lawsuit seeking at least $150 million dollars in damages against Spotify. Lowry alleges Spotify knowingly, willingly, and unlawfully reproduces and distributes copyrighted compositions without obtaining mechanical licenses. According to the complaint, which was fil.......
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Intellectual Property Protection Options for Software
February 15, 2016
Post by Blog Staff
In a previous blog post, I discussed some of the recent updates issued by the United States Patent and Trademark Office regarding patent eligible subject matter and software patents. As anyone who deals with software patents is aware, there is a lot of uncertainty as to whether software is patent eligible subject matter. While the Supreme Court has not unequivocally pronounced software to be ine.......
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Political Campaigns & Unauthorized Music
January 18, 2016
Post by Brandon W. Clark
Brandon W. Clark As the presidential caucuses approach so do the opportunities for political candidates to end up in the headlines for using unauthorized music in their campaigns. In nearly every campaign cycle you hear about a recording artist upset that a politician or campaign used the artist's music without authorization. A list of notable disputes include Bruce Springsteen vs. Ro.......
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Blurred Lines in Copyright Law Following 'Blurred Lines' Jury Verdict
March 17, 2015
Post by Blog Staff
Under the Copyright Act of 1909, a work was protected when it was published with the notice of copyright protection. Although changed by the Copyright Act of 1976, releasing a sound recording of a composition under the 1909 act (i.e., musical notes and lyrics) did not constitute "publication"of a musical work. Thus, for musical works before the 1976 Act, protection was not typically afforded .......
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Supreme Court Determines Internet Service Violates Copyrights
June 26, 2014
Post by Blog Staff
The Supreme Court has issued its much anticipateddecision in American Broadcasting Co., Inc. v. Aereo, Inc. The Court held that an internet service provided by Aereo—which allows subscribes to watch television programs over the internet contemporaneous with the programs as they are broadcasted over the air—violates of a copyright owner's exclusive right to perform a work publicly under the 1976 Co.......
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Copyright 3-year Statute of Limitations Trumps Laches Defense
May 20, 2014
Post by Blog Staff
PETRELLA v. METRO-GOLDWYN-MAYER, INC. Frank Petrella wrote two screenplays and one book based on the life of boxing champion Jake LaMotta. One of the screenplays, registered in 1963, identifies Patrella as the sole author, written in collaboration with LaMotta. LaMotta and Patrella assigned their rights in the screenplay, including renewal rights, to Chartoff-Winkler Productions, Inc. in 1976, who in turn sold.......
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The Ongoing Battle of Copyright Protection and Pre-1972 Sound Recordings
April 23, 2014
Post by Blog Staff
Federal Copyright Law generally protects works that are fixed in a tangible medium from unauthorized use, including copying, performance, exhibition, and broadcasting. However, sound recordings from before 1972 are treated uniquely under the law—a situation that has resulted in real legal problems. When enacted, the Federal Copyright Law preempted any state rights relating to copyright protection. Howeve.......
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2014 Supreme Court Cases Relating to Intellectual Property
January 16, 2014
Post by Blog Staff
On January 10, 2014 the Supreme Court agreed to review a variety of intellectual property cases in the upcoming session, including two patent cases, a copyright case, and a trademark case (including Lanham Act claim). A brief overview of these cases is provided and more detail will be available once decisions are entered by the Court. Limelight Networks, Inc. v. Akamai Technologies, Inc. (U.S., No. 12-786.) Ques.......
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The Role of DVRs in Copyright Infringement
July 26, 2013
Post by Blog Staff
InFox Broadcasting v. Dish Network, Fox Broadcasting Company ("Fox") appealed a ruling by the District Court of Central District of California that Fox did not demonstrate a likelihood of success on most of its copyright infringement and breach of contract claims, and that Fox was not entitled to a preliminary injunction against Dish Network. The United States Court of Appeals for the Ninth Circuit affi.......
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New and Useful - July 8, 2013
July 08, 2013
Post by Blog Staff
· The Federal Circuit inUltramercial, Inc. v. Hulu, LLC held that the district court erred in holding that the subject matter of U.S. Patent No. 7,346,545 ('545) is not a "process" within the language and meaning of 35 U.S.C. § 101. The Federal Circuit reversed and remanded this case stating the claims were not abstract and were patent eligible. The '545 patent claims a meth.......
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New and Useful - April 5, 2013
April 05, 2013
Post by Blog Staff
· In Power Integrations, Inc. v. Fairchild Semiconductor International, Inc. the Federal Circuit clarified several points relating to claim construction, determinations of non-obviousness, and calculation of damages. The court confirmed that claiming a “circuit” in conjunction with a sufficiently definite structure for performing the identified function is adequate to bar means-plus-fu.......
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Supreme Court Decides Foreign First Sale Doctrine
March 28, 2013
Post by Blog Staff
The Supreme Court recentlydecided a much anticipated case, finally answering a long awaited question: Does the first sale doctrine apply to copyrighted works manufactured in other countries? According to the Supreme Court in Kirtsaeng v. John Wiley & Sons, Inc., the answer to this question is yes. John Wiley & Sons sued Supap Kirtsaeng for selling textbooks on eBay that he import.......
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Supreme Court hears arguments today regarding first sale doctrine and international purchases
November 08, 2010
Post by Blog Staff
This morning the Supreme Court will hear oral argument in Costco Wholesale Corp. v. Omega S.A., a case regarding the potential international scope of the first sale doctrine. Costco lawfully purchased authentic Omega watches abroad and imported them to the United States for sale in its stores. Omega sued for copyright infringement, arguing the watches bore a copyrighted design and the purchase abroad did not exh.......
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Ninth Circuit: AutoCAD purchasers are licensees, so first sale doctrine does not apply to resale
September 15, 2010
Post by Blog Staff
In a decision last week, the Ninth Circuit held the purchaser of a copy of AutoCAD software was not an owner of the copy, but instead a licensee. As a result, the purchaser did not have the protection of the first sale doctrine (codified in 17 U.S.C. § 109(a)) when attempting to resell the software to a third party. The declaratory judgment plaintiff was attempting to sell used copies of AutoCAD on eBay. A.......
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Copyright Office issues new DMCA exemptions: iPhone jailbreaking, noncommercial use of DVD snippets
July 26, 2010
Post by Blog Staff
Every three years, the United States Copyright Office seeks proposals for exemptions from the Digital Millennium Copyright Act ("DMCA"). As part of the DMCA, it became unlawful to circumvent access control measures copyright holders used to secure their copyrighted works. For example, it is arguably a violation of the DMCA to use a program to "break" the content scrambling system ("CSS&q.......
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Ninth Circuit: Filing copyright application sufficient to bring suit under Section 411(a)
June 03, 2010
Post by Blog Staff
In a decision last week, the Ninth Circuit held the filing of an application for registration with the copyright office is sufficient to meet the requirement that a copyright be "registered" before suit is brought under 17 U.S.C. § 411(a). In the first circuit court decision on the subject since the Supreme Court's Reed Elsevier decision (holding the registration requirement of § 411(a) .......
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Supreme Court: Registration requirement of 411(a) not jurisdictional for copyright claims
March 02, 2010
Post by Blog Staff
Today the Supreme Court decided Reed Elsevier, Inc. v. Muchnick, a case regarding whether the registration requirement of 17 U.S.C. § 411(a) is jurisdictional or a claim processing rule. The Court held the requirement to be nonjurisdictional. The case involves a class action for copyright infringement by freelance journalists based on republication of works in electronic databases that originally appeared .......
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UNIX Copyrights Owned by SCO, not Novell
February 23, 2010
Post by Blog Staff
In the late 1960's, AT&T developed a computer operating system known as UNIX. This operating system is now widely used in both servers and workstations, and is generally characterized by a less polished (and in many ways more powerful) user interface than typical consumer products (such as Microsoft's Windows or Apple's Mac OS). The product was sold to Novell, Inc. ("Novell") in 1993 f.......
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Fourth Circuit: Plagiarism detection service is fair use of students' copyrighted papers
October 26, 2009
Post by Blog Staff
In a recent decision by the Court of Appeals for the Fourth Circuit, the court decided that the anti-plagiarism service provided by iParadigms at turnitin.com, did not constitute copyright infringement of high school students' papers submitted via the service. Instead, the court held the service was a fair use of the copyrighted works and therefore not infringement under § 107. However, the court revers.......
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Seventh Circuit: Notice requirement to Copyright Office when registration refused not jurisdictional
September 22, 2009
Post by Blog Staff
In a recent decision, the Seventh Circuit affirmed a district court's grant of summary judgment that a plaintiff could not prevail in her copyright claim. The court first addressed whether the plaintiff complied with the necessary procedural requirements to have her claim heard. The plaintiff had filed for a copyright registration and had been rejected (thereby satisfying part of the requirements of § .......
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Digital Britain: The UK Government's vision for a 21st century digital economy
July 07, 2009
Post by Blog Staff
Last month, the UK Department for Culture, Media, and Sport released Digital Britain, a report regarding the future of communications infrastructure in the UK, how to deal with challenges of a digital economy (such as copyright infringement), and containing policy recommendations regarding how to move forward. Click below for our thoughts on the report and associated documents.The Digital Britain report is the U.......
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Pirate Bay operators guilty of criminal infringement in Sweden; no webcast of US file sharing case
April 17, 2009
Post by Blog Staff
In the past day, there has been two interesting bits of news in the world of cases alleging copyright infringement by way of peer-to-peer file sharing.The first is that the individuals who operate and maintain the servers that host The Pirate Bay, the world's largest bittorrent tracker, were held to have committed criminal copyright infringement by a Swedish court. The four individuals were each sentenced to.......
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Tenth Circuit: Insufficient proof of access dooms copyright infringement claim
March 04, 2009
Post by Blog Staff
In a recent decision, the Tenth Circuit affirmed a district court's finding of no copyright infringement after a bench trial and the findings for the defendants on related claims. The district court held there was insufficient evidence of copying, specifically that there was no evidence the defendants had access to the copyrighted work. The copyright infringement claim was the basis for claims under the Lanh.......
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United States did not waive immunity for copyright infringement claim brought by prisoner
February 05, 2009
Post by Blog Staff
In a recent decision, the Federal Circuit held the Court of Federal Claims correctly dismissed a copyright infringement suit against the United States for lack of subject matter jurisdiction. The plaintiff is a federal prisoner who created various coyprightable works while in federal prison. He brought suit alleging copyright infringement after his works were distributed by Federal Prison Industries.The Court .......
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Eleventh Circuit: Similarity of architectural plans depends largely on arrangement of features
January 02, 2009
Post by Blog Staff
In a recent decision, the Eleventh Circuit affirmed a district court's grant of summary judgment of non-infringement in an architectural copyright case. The appellant had argued that the district court had effectively heightened the standard for infringement by performing an element-by-element comparison focusing on the differences between two floor plans. The Eleventh Circuit held the comparison was appropr.......
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Ninth Circuit: Pre-1923 published foreign works may still be copyrighted, depending on notice
December 15, 2008
Post by Blog Staff
In a decision last week, the Ninth Circuit affirmed a district court's grant of summary judgment in favor of the plaintiff in a copyright case. The works at issue, sculptures by the famed artist Renior and coauthored by one of his assistants, Richard Guino, were created between 1913 and 1917, and first published in France no later than 1917. However, because they were not published with a U.S.-type copyrig.......
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Ninth Circuit: Copyright owner's ambiguous reservation of rights clarified with extrinsic evidence
December 08, 2008
Post by Blog Staff
In a recent decision, the Ninth Circuit reversed a district court's grant of summary judgment that a copyright holder did not have standing to sue for copyright, trademark, unfair competition, and related declaratory judgment claims. The case involved the film Gone in 60 Seconds, produced and directed in 1974 by H.B. "Toby" Halicki, and remade in 2000. The key issue was the construction of a 1995 .......
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Second Circuit: Copyright license of indeterminate term improperly read to be perpetual
November 07, 2008
Post by Blog Staff
In this appeal from the United States District Court for the Northern District of New York, the Second Circuit reversed the dismissal of a copyright claim based on ambiguity in a contract, but affirmed dismissal of the antitrust claims because the plaintiff's proposed market definition was not plausible.The district court dismissed the copyright claims based on a contract granting the defendants the right to .......
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Tenth anniversary of the Digital Millenium Copyright Act
October 28, 2008
Post by Blog Staff
On October 28, 1998, President Clinton signed the Digital Millenium Copyright Act into law. The Act is probably best known for two of its provisions: (1) the anti-cirumvention provsion, which prohibits circumventing a "technological measure that effectively controls access to" a copyrighted work, and (2) the online "safe harbor" provision, which generally insulates parties that host material.......
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Ninth Circuit: Absent evidence of intent to the contrary, custom software purchaser retains license
September 25, 2008
Post by Blog Staff
In a recent decision, the Ninth Circuit affirmed a district court's decision that a software developer's delivery of customized software includes a grant of an unlimited, non-exclusive, implied license to use, modify, and retain the source code of the programs in the absence of written agreements to the contrary. The Ninth Circuit also affirmed the district court’s determination that the license.......
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Eleventh Circuit: No DJ jurisdiction in copyright case when copyright unregistered
September 24, 2008
Post by Blog Staff
In a recent decision, the Eleventh Circuit vacated a district court's grant of summary judgment in a copyright infringement declaratory judgment action. The court determined that the district court was without subject matter jurisdiction to entertain the alleged infringer's declaratory judgment action. This was because the district court would have lacked jurisdiction to hear the "reverse" cla.......
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Ninth Circuit: First sale doctrine doesn't apply to goods purchased abroad and imported to US
September 10, 2008
Post by Blog Staff
In a decision last week, the Ninth Circuit reversed a district court's grant of summary judgment to a copyright defendant on the basis of the "first sale" doctrine, codified at 17 U.S.C. § 109(a). The defendant obtained the products bearing the copyright from a third party who legally purchased them outside the United States. The court held that the first sale doctrine did not insulate this a.......
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Federal Circuit: Breach of open source license conditions can lead to copyright infringement
August 16, 2008
Post by Blog Staff
In a recent decision, the Federal Circuit addressed some of the copyright issues involved with the open source movement. Often open source software is distributed under a so-called copyleft license, which permits others to use the work, subject to certain restrictions. The GNU general public license is the most well-known of these licenses. The license at issue in this case was the Artistic License. The distri.......
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Second Circuit: Remote DVR system does not infringe content providers' copyrights
August 13, 2008
Post by Blog Staff
In a decision last week, the Second Circuit reversed a lower court's grant of summary judgment holding that the defendant's remote-storage DVR system violated the plaintiffs' rights of reproduction and public performance. The Plaintiffs were various content providers, and the defendant was a cable company. The remote-storage DVR system lets customers store recorded television shows on a central serve.......
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Patry copyright blog is no more
August 03, 2008
Post by Blog Staff
It's a sad day in the blogosphere, as Bill Patry, author of Patry on Copyright and the Patry Copyright Blog, has announced he is shutting down his blog. We've linked to Professor Patry's commentary on copyright law on many occasions, and his additional insight into copyright issues will be missed.Other blogs noting his departure:Chicago IP litigation blog Fire of Genius Patently-O Rob HyndmanHe prov.......
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Federal Circuit addresses scope of immunity waiver for copyright and DMCA claims
July 27, 2008
Post by Blog Staff
In a decision Friday, the Federal Circuit affirmed a decision from the United States Court of Federal Claims dismissing a copyright holder's claims for lack of jurisdiction on the ground that the Government had not waived sovereign immunity. The suit arose from alleged copyright infringement and an alleged violation of the Digital Millennium Copyright Act of 1998 (DMCA). The Federal Circuit found that the CFC.......
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Eleventh Circuit: Laches presumed not to apply in copyright case filed during limitations period
July 17, 2008
Post by Blog Staff
In a decision last week, the Eleventh Circuit affirmed in part and vacated in part a district court decision granting summary judgment in a copyright infringement action. The central disagreement between the parties was over the scope of copyright protection in a book about sales techniques. The district court granted the defendant's motion for summary judgment, finding fair use and laches precluded recover.......
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Ninth Circuit: Termination of rights allows Lassie to come home to author's heir
July 17, 2008
Post by Blog Staff
In a decision last week, the Ninth Circuit reversed a district court's denial of summary judgment in a copyright case. The district court held the heir of an author had, by agreement, "given away" the termination right granted by 17 U.S.C. § 304(c).The Ninth Circuit reversed, stating that the district court had gone against the express language of § 304(c)(5), Congress's intent of pro.......
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Seventh Circuit: Prevailing defendants should have greater presumption of fees in copyright cases
July 11, 2008
Post by Blog Staff
In a decision Wednesday, the Seventh Circuit reversed a district court's denial of attorney fees to a prevailing defendant in a copyright case. The district court found that, as a matter of law, no copyright infringement occurred, but declined to award attorney's fees.The Seventh Circuit reversed. The court held the suit was frivolous, and brought in bad faith. The plaintiff deposed all of the defendan.......
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En banc Eleventh Circuit reaffirms digital compilation of magazine archives a privileged revision
July 09, 2008
Post by Blog Staff
In a decision last week, the Eleventh Circuit en banc addressed the application of New York Times v. Tasini in the context of a comprehensive CD archive encompassing all National Geographic magazines from 1888 to 1996, called the Complete National Geographic. In a previous decision, a panel of the Eleventh Circuit held the CNG was a privileged revision under 17 U.S.C. § 201(c), and as a result, the owners of.......
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First Circuit: Discovery rule not triggered in copyright case by parties' acrimonious split
July 07, 2008
Post by Blog Staff
In a recent decision, the First Circuit reversed a district court's decision dismissing a copyright infringement claim on statute of limitation grounds. The main issue was whether the statute of limitations for copyright infringement claims barred an architectural firm's action against a former client. The court determined that no triggering event had occurred which would put the plaintiff on inquiry no.......
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U.S. Copyright Office begins online registration system today
July 01, 2008
Post by Blog Staff
Today the U.S. Copyright Office will officially begin accepting registrations for some works online. The works that may be registered online are "basic claims" for literary, visual arts, and performing arts works (including motion pictures, sound recordings and single serials). A "basic claim," which is eligible for online registration must be one of:a single work;multiple unpublished works .......
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Ninth Circuit: Heirs of "Pink Panther" coauthor do not retain interest in copyright in the films
June 25, 2008
Post by Blog Staff
In a decision last week, the Ninth Circuit affirmed the district court's grant of summary judgment in a copyright case, holding that a coauthor of a story treatment is not necessarily a coauthor of a motion picture produced based on that treatment, and the factors applied to determine coauthorship led to the conclusion that the coauthor of the treatment was not a coauthor of the motion picture. In this case,.......
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Tenth Circuit: Digital model of car not separately copyrightable because no originality
June 19, 2008
Post by Blog Staff
In a decision this week, the Tenth Circuit affirmed a district court's grant of summary judgment in favor of the defendants in a copyright case, finding a digital work lacking sufficient originality to warrant copyright protection. The works at issue were three-dimensional computer models of cars for use in advertisements. The court agreed that the plaintiff "made many judgments that required both skill.......
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Ninth Circuit: No statutory damages for continuing infringement that began before registration
June 16, 2008
Post by Blog Staff
In a decision last week, the Ninth Circuit reversed a district court's award of statutory damages for copyright infringement and affirmed the district court's default judgment award of attorney's fees for trademark infringement. The plaintiff's copyright registration had an effective date of approximately one month after the first act of infringement, and nearly two years after first publication........
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Eleventh Circuit combs over copyright law, idea-expression dichotomy in affirming noninfringement
May 16, 2008
Post by Blog Staff
In a decision this week, the Eleventh Circuit upheld the district court's decision granting summary judgment of no copyright infringement to individuals and entities associated with two Trump buildings and denying the plaintiff leave to file a third amended complaint. In this regard, the court affirmed a finding that no reasonable, properly instructed jury could find substantial similarity between the plain.......
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Elements of infringement claim not jurisdictional; "sale" occurs at location of buyer and seller
April 29, 2008
Post by Blog Staff
In a decision yesterday, the Federal Circuit affirmed a district court's denial of the defendant's motion to dismiss for lack of subject matter jurisdiction. The court also denied the defendant's post-verdict motion for judgment as a matter of law. The defendant contended that because it shipped its allegedly infringing products f.o.b. from its place of business in Canada, it did not sell or import.......
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Wal-Mart learns a lesson in copyright licensing the hard way
April 10, 2008
Post by Blog Staff
A story in yesterday's Wall Street Journal (via Bill Patry) illustrates how important it is for parties to a transaction to know what they're getting up-front.Starting way back in the 1970s, Wal-Mart hired an outside company, Flagler Productions, to document various aspects of Wal-Mart's operations. Flagler produced videos of Wal-Mart corporate officers and directors, "often in unguarded momen.......
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Sixth Circuit: Partial fees to copyright defendant affirmed given plaintiff's litigation tactics
April 01, 2008
Post by Blog Staff
In a decision last week, the Sixth Circuit affirmed an award of partial attorney fees to a defendant in a copyright case. The plaintiff sued multiple defendants, alleging copyright infringement under numerous theories. One such theory was that receipt of royalties from the sale of infringing music rendered a party liable for the underlying infringement. This theory was rejected by the court when it granted sum.......
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Ninth Circuit: "Exclusive" license from only one copyright co-owner really a nonexclusive license
March 05, 2008
Post by Blog Staff
In a decision last week, the Ninth Circuit affirmed a district court's dismissal of a copyright infringement claim for lack of standing, as well as several related claims. The plaintiff obtained an "exclusive" license for one of the exclusive rights from a single co-owner of several copyrighted works. However, because the plaintiff only obtained the license from one co-owner, and not from all co-ow.......
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Eleventh Circuit: One-satisfaction rule applies to copyright infringement awards
February 28, 2008
Post by Blog Staff
In a decision this week, the Eleventh Circuit reversed the decision of a district court, holding the "one-satisfaction rule" does apply to infringement claims under the Copyright Act.This appeal arose out of a jury award to copyright plaintiff of almost $1.6 million against two defendants who infringed the plaintiff's rights in its used boat price guide. Pursuant to the one-satisfaction rule, the t.......
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Seventh Circuit: Dismissal with prejudice makes defendant "prevailing party" and eligible for fees
February 21, 2008
Post by Blog Staff
In a decision yesterday, the Seventh Circuit clarified what is required for a party to be considered a "prevailing party" in a copyright case, and therefore be eligible for an award of attorneys' fees under § 505. In this case, the plaintiff asked for a voluntary dismissal without prejudice under Rule 41(a)(2), as the case had been pending for over a year. The district court dismissed the case.......
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Tenth Circuit: Submitting eBay VeRO notice confers jurisdiciton in alleged infringer's home state
January 30, 2008
Post by Blog Staff
In a recent decision, the Tenth Circuit reversed a district court's dismissal of a copyright case for lack of personal jurisdiction. The case arose out of the efforts by a copyright holder to have an eBay auction for allegedly infringing products removed via eBay's VeRO program. After the auction was removed, the alleged infringer filed suit, seeking a declaration that its products did not infringe. T.......
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EU highest court rules ISPs not required to identify P2P users allegedly infringing copyrights
January 29, 2008
Post by Blog Staff
In a decision released today, the highest court in the EU, the European Court of Justice, ruled that under EU law, internet service providers (ISPs) are not required, in the course of a civil lawsuit, to disclose the identity of an individual subscriber associated with a particular IP address. The case arose out of an attempt by PROMUSICAE, a trade group representing the music industry in Spain and the rough equ.......
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Sixth Circuit: Some claims relating to license agreement with arbitration clause not arbitrable
January 21, 2008
Post by Blog Staff
In a recent decision, the Sixth Circuit considered the scope a mandatory arbitration clause in a software license agreement, and specifically whether the clause mandated arbitration of certain copyright infringement and other claims arguably related to the agreement. The district court entered an order compelling arbitration.The Sixth Circuit partially reversed. According to the court, given the broadly-worded n.......
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Seventh Circuit: Injunction against use of plaintiff's copyrights and trade secrets too vague
January 14, 2008
Post by Blog Staff
In a decision last week, the Seventh Circuit vacated and remanded a district court's preliminary injunction in a copyright and trade secret case. The court addressed the degree of specificity necessary for an injunction against misappropriating trade secrets and infringing copyrights, and vacated the injunction because it failed to detail the substance of the trade secret or confidential information the defe.......
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Fifth Circuit: Prevailing defendant in file sharing copyright case not entitled to attorney fees
January 07, 2008
Post by Blog Staff
On Friday, the Fifth Circuit affirmed a district court finding denying an award of attorney's fees to a defendant who had been sued for copyright infringement by several recording companies, as part of the industry's ongoing litigation efforts to curb file sharing. In doing so, the court upheld the notion that, although attorney's fees are awarded routinely to prevailing parties in copyright action.......
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Ninth Circuit: Karaoke is audiovisual work, so not fully covered by - 115 compulsory license
January 03, 2008
Post by Blog Staff
In a decision yesterday, the Ninth Circuit affirmed a district court's dismissal of a complaint for declaratory judgment by a karaoke device manufacturer without leave to amend for failure to state a claim. The complaint sought a declaration that a compulsory license under § 115 of the Copyright Act was a sufficient license for a karaoke device to not only play music, but also display the lyrics in re.......
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Fifth Circuit: Beyonce song does not infringe songwriter's copyright
December 26, 2007
Post by Blog Staff
In a decision last week, the Fifth Circuit affirmed a district court's grant of summary judgment of no copyright infringement. A plaintiff brought suit against the singer Beyoncé Knowles and several parties with whom she is associated alleging that Beyoncé's song "Baby Boy" infringed the plaintiff's work. The district court granted summary judgment of noninfringement based on.......
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First Circuit: Copyright statute of limitations applies to accounting claims between joint authors
December 19, 2007
Post by Blog Staff
In a decision last week, the First Circuit held that a purported assignee of a joint author of a copyrighted work was barred by the Copyright Act's three-year statute of limitations from seeking an accounting of profits, even though the state statute of limitations for seeking such an accounting had not yet run.The plaintiff had purportedly acquired rights in a copyrighted work, Das Hummel-Buch. from the heir.......
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Sixth Circuit: Internet downloads not "manufactured," so logo placement agreement inapplicable
December 10, 2007
Post by Blog Staff
In a recent decision, the Sixth Circuit held that several agreements relating to logo placement on media incorporating songs by Meat Loaf did not encompass internet downloads. The court reached this decision based on a key paragraph in the most recent agreement:Sony Music will continue to place the Cleveland logo (in the design currently used on the tape configuration of "Bat Out of Hell") on albums, C.......
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Second Circuit: Copyright registration is a jurisdictional requirement
December 03, 2007
Post by Blog Staff
Last week, the Second Circuit issued a decision addressing whether the registration requirement for bringing a copyright action was jurisdictional or merely a "claim processing" rule. The decision turned on whether the Supreme Court's decision in Eberhart v. United States reduced the class of "jurisdictional" statutes such that 17 U.S.C. § 411(a) should be considered a "claim pr.......
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Seventh Circuit: $70,000 in attorney fees affirmed for copyright and trademark appeal
November 29, 2007
Post by Blog Staff
Back in March, we wrote about a copyright and trademark case involving a novelty doll, "Pull My Finger Fred." In the case's previous trip to the Seventh Circuit, the court affirmed a verdict of copyright and trademark infringement, $291,000 in damages, and $575,000 in attorneys' fees. Now the parties are back, this time disputing the amount of attorneys' fees to be awarded on appeal. Whil.......
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Sixth Circuit: No evidence of license, no contributory copyright infringement
November 28, 2007
Post by Blog Staff
In a decision last week, the Sixth Circuit affirmed a district court's grant of summary judgment of no copyright infringement. At issue was whether a record company, Universal, granted a license to others to perform a Snoop Dogg song - "Change Gone Come" - that allegedly infringed an earlier work by the P-Funk All Stars, "Pumpin' It Up," the copyright to which is owned by the plainti.......
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Sixth Circuit: ratio of punitive to compensatory damages too great in copyright case
October 19, 2007
Post by Blog Staff
In a decision Wednesday, the Sixth Circuit affirmed in part and reversed in part a district court judgment awarding $366,939 in compensatory damages, $3.5 million in punitive damages, and $150,000 in statutory damages (to a second plaintiff) in a copyright infringement case. The case was brought against the music publishers behind The Notorious B.I.G. album Ready to Die, and dealt with sampling of an Ohio Playe.......
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Fourth Circuit: Claim preclusion prevents new determination of actual damages against licensees
October 18, 2007
Post by Blog Staff
Yesterday, the Fourth Circuit decided another copyright infringement case based on use of the logo for the Baltimore Ravens football team. The court had previously affirmed two cases involving the same logo, where copyright infringement was found but no damages were issued. In this case, several hundred licensees were sued for using the infringing logo.The court again affirmed there was infringement of the plain.......
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Second Circuit: retroactive assignment cannot cure past infringement claim by co-author
October 08, 2007
Post by Blog Staff
The Second Circuit yesterday issued a decision regarding whether an action for infringement brought by one co-author of a song can be defeated by the grant of a "retroactive" transfer of ownership to the infringer from a co-author who is not party to the infringement action. The case involved licensing and litigation regarding authorship of two tracks on Mary J. Blige's 2001 album, ironically named .......
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First Circuit: Reconstruction of work does not meet deposit requirement for copyright registration
October 05, 2007
Post by Blog Staff
Tuesday, the First Circuit issued a decision regarding the Copyright Act's requirement of submission of a "copy" of an original work along with the registration of the work in order for a plaintiff to bring suit in federal court. The court held, as an issue of first impression in the circuit, that the copy submitted had to be just that, a copy, and that the plaintiff's reconstruction of the wor.......
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Is fair use more valuable to the economy than copyright?
September 14, 2007
Post by Blog Staff
A study released this week by the Computer and Communications Industry Association (CCIA) attempts to quantify the value that fair use, the restriction on a copyright holder's ability to assert infringement claims, has to the U.S. economy. The study attempted to ascertain the economic output of "fair use industries," that is, either "industries that produce goods and services whose activities .......
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Tenth Circuit: First Amendment analysis required when public domain works "restored" to copyright
September 05, 2007
Post by Blog Staff
In an important copyright decision posted today (but apparently filed yesterday), the Tenth Circuit addressed the First Amendment implications of the "restoration" of public domain works to copyright protection as a result of the Uruguay Round Agreement Act (URAA). The URAA implemented Article 18 of the Berne Convention, which brought works back under copyright that were in the public domain in the Uni.......
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Ninth Circuit: Reversible error to only consider one of the likelihood of confusion factors
August 03, 2007
Post by Blog Staff
In a trademark case yesterday, the Ninth Circuit held that the similarity-of-the-marks factor could not be considered exclusive of the other likelihood of confusion factors in determining trademark infringement. In doing so, the court reversed the grant of summary judgment against the defendant's counterclaims of trademark infringement, as well as the defendant's counterclaims for copyright infringement .......
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Second Circuit: Merger doctrine bars copyright in commodities settlement prices
August 02, 2007
Post by Blog Staff
The Second Circuit issued a decision yesterday applying the merger doctrine of copyright to settlement prices on a mercantile exchange. The court affirmed summary judgment holding that the settlement prices were not copyrightable, because the expression of the prices (a single number) merged with the idea that was expressed (the fair market value for each contract). Because the expressions of the idea and the id.......
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Sixth Circuit: Proper copyright infringement test applied, finding of no infringement affirmed
July 30, 2007
Post by Blog Staff
In a decision Friday, the Sixth Circuit affirmed a district court's finding of no copyright infringement, holding that the lower court had applied the proper legal standard. Specifically, while the district court characterized the test for substantial similarity in a different manner, the application of the test was proper insofar as the court removed from consideration elements which were not protectible, a.......
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UK rejects proposal for 20 year copyright extension for sound recordings
July 26, 2007
Post by Blog Staff
Yesterday the UK Department for Culture, Media & Sport issued a report rejecting a suggestion to push for an extension of copyright term in the EU for sound recordings of 20 additional years, from 50 to 70 years. Citing the Gowers Review of the UK's intellectual property framework, the report notes:[The Gowers Review] concluded that an extension would not benefit the majority of performers, most of wh.......
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Federal Circuit affirms findings of patent and copyright noninfringement
July 06, 2007
Post by Blog Staff
In a recent decision the Federal Circuit affirmed a district court's grant of summary judgment of noninfringement on one count of patent infringement and two counts of copyright infringement. The Federal Circuit also upheld the district court's denial of the plaintiff's Rule 60(b) motion seeking vacatur of the summary judgments. More details of Hutchins v. Zoll Med. Corp. after the jump.Hutchins al.......
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Sixth Circuit affirms copyright infringement award against karaoke disc maker
June 26, 2007
Post by Blog Staff
In a decision today, the Sixth Circuit affirmed an award of $806,000 in statutory damages plus attorney fees in a copyright case. The case was brought by a copyright holder against a manufacturer of karaoke discs incorporating the compositions to which the plaintiffs held the copyright.The court upheld the award and finding of willful infringement over the defendant's challenges under the Due Process Clause.......
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Eleventh Circuit: copyright in compilations of used boat listings infringed
June 22, 2007
Post by Blog Staff
In a decision yesterday, the Eleventh Circuit affirmed the finding of copyright infringement of a factual compilation, specifically a compilation of listings of used boats for sale.Most notably, the court held that the proper standard for infringement was the "substantially similar" test, rather than the "virtually identical" test sometimes used for factual compilations (most often for compute.......
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Sixth Circuit: Damages for copyright infringement available even if copies not actually used
June 15, 2007
Post by Blog Staff
The Sixth Circuit issued a ruling that, by largely following the Second Circuit, clarifies the calculation of damages for copyright infringement under 17 U.S.C. § 504(b) and 17 U.S.C. § 505 for infringing copies of software. Specifically, the court decided that unused infringing copies should still be included in actual damages, the use of the list price of the software does not sufficiently establish .......
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Digital compilation of magazine archives a privileged "revision" of a collective work
June 13, 2007
Post by Blog Staff
In a decision today, the Eleventh Circuit held that the National Geographic Society, by its publication of "The Complete National Geographic," had not infringed the copyrights of a photographer whose photos appear in the various individual issues of National Geographic. The court held that the change from print to digital media was a "revision" as contemplated by 17 U.S.C. § 201(c), and .......
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Fourth Circuit affirms refusal of copyright registration: insufficient creativity
May 25, 2007
Post by Blog Staff
The Fourth Circuit yesterday affirmed the denial of copyright registration to an individual who had adapted United States Census maps for use on his website. The only changes to the maps were the addition of colors, changing the typeface of the state abbreviations, and a change in layout for some of the state indications. The court affirmed the Copyright Office's determination that the adapted maps were .......
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Preliminary injunction against Google image search's display of copyrighted images reversed
May 18, 2007
Post by Blog Staff
In a lengthy and tech-heavy opinion [Update (12/4): the court has released an amended opinion, available here], the Ninth Circuit this week reversed a preliminary injunction against Google restricting its image search from displaying thumbnails of images copyrighted by Perfect 10, Inc. There are several aspects of the ruling of interest, such as:Holding that Perfect 10 failed to show Google would not likely p.......
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Ninth Circuit defines differences between derivative and collective works
May 01, 2007
Post by Blog Staff
Yesterday, the Ninth Circuit decided a copyright case dealing with the differences between derivative and collective works. The defendant took photographs which were licensed to it individually by the plaintiff and, after the term of its license had expired, modified the photographs and integrated them into "collage" advertisements.The court held that these advertisements were derivative works rather t.......
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Same terms, same meanings, unless specification indicates otherwise
April 27, 2007
Post by Blog Staff
In an appeal by Porta Stor, Inc. of a judgment in favor of PODS, Inc. for, among other things, patent and copyright infringement, the Federal Circuit reversed the judgment of patent infringement finding no literal infringement and finding that infringement under the doctrine of equivalents was barred by prosecution history estoppel. The court also reversed the grant of judgment as a matter of law on copyright .......
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Wall Street Journal on Viacom v. YouTube
March 23, 2007
Post by Blog Staff
Walter Mossberg of the Wall Street Journal has a column discussing the Viacom v. YouTube case (previously blogged about here). Mr. Mossberg thinks the problem is not confined to the particular dispute between Viacom and YouTube/Google, but rather is indicative of a need for greater guidance in copyright law from Congress. The Digital Millennium Copyright Act (DMCA), which was supposed to help to bring copyright la.......
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Seventh Circuit issues a stinker of an opinion in copyright case
March 20, 2007
Post by Blog Staff
The Seventh Circuit succinctly sums up the field of commerce of its decision today in JCW Investments, Inc. v. Novelty, Inc.: Somewhat to our surprise, it turns out that there is a niche market for farting dolls, and it is quite lucrative. The case presents some interesting issues, such as whether the copyright in such a doll is valid and infringed, whe.......
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Viacom sues YouTube, Google for copyright infringement
March 13, 2007
Post by Blog Staff
In a press release today, Viacom, owner of the MTV and Comedy Centraltelevision networks (among others), announced it is suing YouTube and its parent company, Google, for copyright infringement. The lawsuit seeks over $1 billion in damages. The parties had been in negotiations for YouTube/Google to have a license to provide Viacom's content on YouTube, but negotiations broke down, and .......
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Fourth Circuit a "maddening mixture of getting some things right and some things very very wrong"
February 13, 2007
Post by Blog Staff
William Patry, author of a treatise on copyright law, has an interesting post on his copyright law blog about a decision yesterday in the Fourth Circuit. The facts of the case are relatively simple the plaintiff owned a copyright on some architectural plans that the defendant obtained an unauthorized copy of. The defendant used the plans to have his house built. The plaintiff sued, seeking damages both for the .......
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Are wedding receptions full of copyright infringers?
February 06, 2007
Post by Blog Staff
Maybe, if you ask Richard Silver. Mr. Silver claims to have invented the dance known as the "Electric Slide" at a disco in 1976. He registered a copyright on his performance of the dance in 2004. While Mr. Silver's claims may seem dubious (such as, for example, his claims on his website that he also invented break dancing and "the robot" dance), he has, thus far, been vigorous in using copyright l.......
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Audiobooks can be rented without publisher's consent: first sale exception does not apply
January 26, 2007
Post by Blog Staff
Today the Sixth Circuit considered an issue that has not yet been addressed by any other United States Court of Appeal: whether the record rental exception to copyright law's first sale doctrine codified in 17 U.S.C. § 109(b)(1)(A) applies to all sound recordings or only to recordings of musical works. A divided panel held that the exception only applies to musical recordings, not audiobooks, potentially cle.......
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MIT Offers Free Course Materials on United States Copyright Law
January 05, 2007
Post by Blog Staff
The Massachusetts Institute of Technology (MIT) is offering an introductory course to Copyrights via its OpenCourseWare website. The website describes the course as "an introduction to copyright law and American law in general." Topics covered include: 1) Structure of federal law 2) Basics of legal research 3) Legal citations 4) How to use LexisNexis? 5) The 197.......
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New Tool for Copyright Owners
December 19, 2006
Post by Blog Staff
The Wall Street Journal has posted an article highlighting a new internet tool that tracks copyrighted works being used on the internet. Privately held Attributor Corp. of Redwood City, California offers a search service that scans billions of pages of the internet looking for infringing uses of copyrighted material. Attributor Corp describes its self as a technology company that has created a platform that prov.......
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Prepaid cellular phone seller sues over DMCA exception
December 06, 2006
Post by Blog Staff
TracFone Wireless, the largest seller of prepaid cellular phone service in the United States, has sued the Librarian of Congress and Register of Copyrights, alleging that one of the DMCA exemptions granted last month is unlawful. Specifically, TracFone is upset about the exemption permitting cellular phone users to "unlock" their phones in order to use them with another service provider.TracFone makes m.......
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US Copyright office issues new exemptions from DMCA
November 25, 2006
Post by Blog Staff
Every three years, the United States Copyright Office seeks proposals for exemptions from the Digital Millennium Copyright Act ("DMCA"). The DMCA was enacted in 1998. As part of the DMCA, it became unlawful to circumvent access control measures copyright holders used to secure their copyrighted works. For example, it is a violation of the DMCA to use a program to "break" the content scramble system ("CSS") encr.......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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McKee, Voorhees & Sease, P.L.C. provides this blog for general informational purposes only. By using this blog, you agree that the information on this blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and McKee, Voorhees & Sease, P.L.C. Do not consider this blog to be a substitute for obtaining legal advice from a qualified, licensed attorney. While we try to revise this blog on a regular basis, it may not reflect the most current legal developments. We consciously refrain from expressing opinions on this blog and instead, offer it as a form of information and education, however if there appears an expression of opinion, realize that those views are indicative of the individual and not of the firm as a whole.

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