The US Court of Appeals for the Ninth Circuit found that a photo- and video-sharing social networking service could not be liable for secondary copyright infringement because embedding a photo does not “display a copy” of the...more
The US Court of Appeal for the Ninth Circuit affirmed a district court’s denial of a motion to dismiss copyright infringement claims as barred by the statute of limitations, affirming the copyright owner’s right to sue even...more
The US Court of Appeals for the Second Circuit affirmed the dismissal of a lawsuit that sought a declaratory judgment on the basis that a notice of termination of copyright assignment under 17 U.S.C. § 203 did not validly...more
The Supreme Court of the United States held that lack of factual or legal knowledge can excuse an inaccuracy in a copyright registration under a safe harbor contained in the Copyright Act. As a result, an applicant’s...more
KEY TAKEAWAYS AND OUTLOOK FOR 2022 -
Like so many things in 2021, a few long-awaited copyright developments have spilled into 2022, with anticipated amendments to key provisions in the Digital Millennium Copyright Act...more
The US Court of Appeals for the Ninth Circuit affirmed a district court’s conclusion that there is no conflict between an Arizona statute aimed at strengthening privacy protections for consumers whose data is collected by car...more
In January 2021, Congress enacted the Consolidated Appropriations Act. This legislation incorporates the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020, which includes revisions to the Copyright Act with...more
The US Court of Appeals for the Ninth Circuit reversed a district court’s grant of summary judgment in favor of the defendant in a copyright case based on a “minimal usage” or de minimis use defense. Richard N. Bell v....more
On December 27, 2020, Congress signed the Consolidated Appropriations Act, 2021, into law. The omnibus act includes new legislation affecting patent, copyright and trademark law. A brief summary of key provisions is provided...more
1/14/2021
/ Acts of Congress ,
Appellate Review ,
Appointments Clause ,
CASE Act ,
Consolidated Appropriations Act (CAA) ,
Copyright ,
Ex Parte ,
Injunctive Relief ,
Internet Streaming ,
Lanham Act ,
Patents ,
Popular ,
Purple Book ,
Remedies ,
The Copyright Act ,
Third-Party ,
Trademark Modernization Act (TMA) ,
Trademark Trial and Appeal Board ,
Trademarks ,
Transparency ,
USPTO
In many ways, copyright jurisprudence in 2019 was a study in contrasts. While certain cases represented a “back to basics” approach, answering fundamental questions such as “When can a copyright owner sue for copyright...more
2/26/2020
/ Amended Complaints ,
Copyright ,
Copyright Infringement ,
Copyright Office ,
Copyright Registration ,
Damages ,
Fair Use ,
Fee Awards ,
First Sale Doctrine ,
Google ,
Legal Costs ,
Music Industry ,
Oracle ,
Sovereign Immunity ,
The Copyright Act
Addressing whether the fair use defense applies to the use of stock photographs under the Copyright Act, the US Court of Appeals for the Fourth Circuit concluded that a company’s commercial use of an unlicensed photograph...more
In a unanimous decision authored by Justice Kavanaugh, the Supreme Court of the United States held that the term “full costs” in 17 USC § 505 of the Copyright Act has no special, expansive meaning, but is limited to the costs...more
4/10/2019
/ Appeals ,
Copyright Infringement ,
Copyright Litigation ,
Expert Fees ,
Judicial Discretion ,
Litigation Fees & Costs ,
Prevailing Party ,
Remand ,
Reversal ,
Rimini Street Inc v Oracle USA Inc ,
SCOTUS ,
The Copyright Act
The US Court of Appeals for the 11th Circuit vacated a district court’s judgment for a second time, finding that the lower court misinterpreted its instructions on remand and failed to give each excerpt of the copyrighted...more
The US Court of Appeals for the Ninth Circuit, in reversing a grant of summary judgment in favor of defendants, found that digitally remastered pre-1972 sound recordings were not entitled to protection under federal law as...more
The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction against an online video streaming service, finding that the movie studio plaintiffs were likely to succeed on the merits for violations under the...more
Addressing the termination right given to authors and their heirs under the Copyright Act, the US Court of Appeals for the Sixth Circuit concluded that four siblings could use their right to terminate the transfer their...more