On May 18, 2023, the U.S. Supreme Court ruled 7-2 in favor of the respondent copyright holder in Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith et al., No. 21-869, analyzing the Copyright Act’s first fair...more
5/22/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Derivative Works ,
Dispute Resolution ,
Fair Use ,
Machine Learning ,
SCOTUS ,
The Copyright Act ,
Transformativeness
On February 24, 2022, the U.S. Supreme Court held in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. that the safe harbor provision concerning inaccurate information in copyright registrations, as set forth at 17 U.S.C. §...more
[co-author: Avanthi Cole]
Main Quest - How To Tell ROM From Right -
As we review some of the more prominent legal issues that impacted the video game industry this past year and consider what 2022 may have in store,...more
Main Quest - ‘Mint’ Conditions: NFTs and Video Games -
Over the course of the past year, nonfungible tokens (NFTs) have transformed from a relatively niche product for those in the cryptocurrency sector to an increasingly...more
9/17/2021
/ Blockchain ,
Copyright ,
Copyright Infringement ,
eSports ,
First Amendment ,
Gaming ,
Intellectual Property Protection ,
IP License ,
Microsoft ,
Nintendo ,
Non-Fungible Tokens (NFTs) ,
Online Gaming ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Right of Publicity ,
Sony ,
Trademark Infringement ,
Trademarks ,
Video Games
On April 27, 2020, the U.S. Supreme Court ruled in a 5-4 vote in Georgia v. Public.Resource.Org, Inc., 590 U.S. ____, that pursuant to the “government edicts” doctrine, annotations to Georgia’s state code could not be...more
4/30/2020
/ Annotated Case Law ,
Appeals ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Georgia v. Public.Resource.Org Inc ,
Government Edicts Doctrine ,
Legislative Duties ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Statutory Code ,
The Copyright Act
On March 4, 2019, the U.S. Supreme Court issued two unanimous decisions interpreting the Copyright Act.
In Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, 586 U.S. ___, the Court resolved a circuit split over when...more
3/5/2019
/ Appeals ,
Copyright ,
Copyright Applications ,
Copyright Exhaustion ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Registration ,
Damages ,
Expert Fees ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
Judicial Discretion ,
Litigation Fees & Costs ,
Petition for Writ of Certiorari ,
Popular ,
Prevailing Party ,
Reaffirmation ,
Remand ,
Remedies ,
Reversal ,
Rimini Street Inc v Oracle USA Inc ,
SCOTUS ,
Solicitor General ,
Split of Authority ,
The Copyright Act ,
Uniformity
On June 28, 2018, the U.S. Supreme Court granted petition for writ of certiorari in Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC, on appeal from the U.S. Court of Appeals for the Eleventh Circuit’s May 18,...more
7/2/2018
/ Appeals ,
Copyright ,
Copyright Infringement ,
Copyright Registration ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
Petition for Writ of Certiorari ,
SCOTUS ,
Solicitor General ,
Split of Authority ,
The Copyright Act ,
Uniformity
On March 22, 2017, in a 6-2 decision in Star Athletica, L.L.C. v. Varsity Brands, Inc., et al., 580 U.S. ___, the U.S. Supreme Court held that a design feature incorporated into a useful article may obtain copyright...more
3/23/2017
/ Cheerleaders ,
Copyright ,
Copyrightable Subject Matter ,
Fashion Design ,
Graphic Designs ,
SCOTUS ,
Section 101 ,
Separability ,
Star Athletica v Varsity Brands ,
The Copyright Act ,
Uniforms ,
Utilitarian Function
On June 16, 2016, in an 8-0 decision in Kirtsaeng v. John Wiley & Sons, Inc., 579 U.S. __, the U.S. Supreme Court held that when district courts determine whether or not to award discretionary attorney fees to prevailing...more
In a case closely watched by the television, cable and online content industries, the Supreme Court ruled today that online start-up Aereo Inc. violates copyright law by redistributing over-the-air broadcast content without...more
In a landmark decision concerning the copyrightability of computer software, on May 9, 2014, the U.S. Federal Circuit Court of Appeals held that Oracle, Inc. is entitled to copyright protection for 37 Java application...more