News & Analysis as of

Appeals Copyright Litigation Summary Judgment

McDermott Will & Emery

Late Expert Report Dooms Copyright Case

McDermott Will & Emery on

The US Court of Appeals for the Sixth Circuit weighed in for a third time on an eight-year copyright battle, this time finding that a district court did not abuse its discretion in excluding the plaintiff’s proposed expert or...more

McDermott Will & Emery

It’s a Taking: Copyright Deposit Requirement Violates Fifth Amendment

Addressing the issue for the first time, the US Court of Appeals for the District of Columbia found that the Copyright Act of 1976’s requirement to deposit two copies of a work with the Library of Congress within three months...more

McDermott Will & Emery

Off the Charts: Derivative Work Copyright Registers All Material in Derivative Work

McDermott Will & Emery on

In a matter of first impression, the US Court of Appeals for the Ninth Circuit reversed the district court’s partial grant of summary judgment in favor of the defendants, vacated a jury verdict and an award of attorneys’...more

McDermott Will & Emery

When Are Compulsory Copyright Licenses Compulsory?

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit partially affirmed a district court’s summary judgment order holding that audiovisual recordings of live concerts do not fall within the scope of the Copyright Act’s compulsory...more

McDermott Will & Emery

Implied Copyright License to Photographs of Artist Formerly Known as Prince

McDermott Will & Emery on

The US Court of Appeals for the Eighth Circuit upheld a ruling that a marketer had an implied copyright license to distribute marketing materials containing digital copies of photographs of the late musical artist Prince....more

McDermott Will & Emery

Publisher’s Fair Use Defense Dries Up

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit overturned a district court’s summary judgment, rejecting an accused publisher’s argument that their use of copyrighted photos embedded in articles was fair use under the...more

Proskauer - Minding Your Business

From Ireland to Iceland to Groban? Supreme Court Leaves in Place Circuit Split Regarding Approach for Assessing Substantial...

The United States Supreme Court recently denied certiorari in Johannsongs-Publishing, Ltd. v. Peermusic Ltd., et al, bringing an end to a copyright infringement suit relating to Josh Groban’s 2003 song You Raise Me Up....more

McDermott Will & Emery

Oh the Horror: No Work for Hire in Friday the 13th Screenplay

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit affirmed a summary judgment grant, ruling that an author was an independent contractor when writing the screenplay for a horror film and entitled to authorship rights, and...more

McDermott Will & Emery

A Tale of Two Authors: Determining Ownership Rights of Novels Adapted for Theatre

McDermott Will & Emery on

The US Court of Appeals for the First Circuit vacated the district court’s opinion and order that Roberto Ramos Perea, the playwright who adapted the novels of prominent Puerto Rican author Enrique Laguerre for theatre, was...more

McDermott Will & Emery

De Minimis Defense Doesn’t Protect Minimal Use of Concededly Infringing Material

McDermott Will & Emery on

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

McDermott Will & Emery

Second Circuit: Supreme Court Google Precedent Doesn’t Alter Copyright Law’s Fair Use Analysis

Addressing fair use as an affirmative defense to copyright infringement, the US Court of Appeals for the Second Circuit amended its recent opinion, reversing a district court’s summary judgment in favor of fair use. The Court...more

McDermott Will & Emery

Blueprint Blooper: Floor Plan Copyright Infringement Requires Virtually Identical Copying

Addressing whether a home builder’s floor plans infringed the plaintiff’s architectural copyrights, the US Court of Appeals for the Seventh Circuit affirmed a lower court’s entry of summary judgment against the plaintiff,...more

McDermott Will & Emery

Fourth Estate Registration Requirement Defeats Pro Se Copyright Infringement Plaintiff

McDermott Will & Emery on

The US Court of Appeals for the First Circuit affirmed dismissal of a copyright infringement claim for failure to register the copyright, and affirmed summary judgment against plaintiff on related state law claims where the...more

Dorsey & Whitney LLP

The Rook vs. Deschain: Superficial Similarities or Superhero Copycat?

Dorsey & Whitney LLP on

In the 1970s, William DuBay created the comic book character, Restin Dane, also known by his superhero alter ego, “The Rook.” Dane, a wealthy scientist and inventor residing in an Arizona house shaped like a rook chess piece,...more

McDermott Will & Emery

A Closed Book: No Past Infringement, No Reading Between the Lines into the Future

McDermott Will & Emery on

The US Court of Appeals for the Sixth Circuit affirmed a district court’s grant of summary judgment in favor of the defendant, finding no current or future copyright infringement. OverDrive Inc. v. Open E-Book Forum dba...more

McDermott Will & Emery

No Matter How Many Touched the Flowers, Single Infringement Begets Single Statutory Damages Award

McDermott Will & Emery on

In a dispute over the alleged infringement of a floral print textile design, the US Court of Appeals for the Ninth Circuit affirmed the plaintiff’s ownership of a valid copyright, but reversed and remanded for further...more

McDermott Will & Emery

Two Turntables, No Microphone: Using Technical Diagram Is Not Copyright Infringement

McDermott Will & Emery on

The US Court of Appeals for the Sixth Circuit affirmed a district court’s summary judgment grant with respect to a copyright infringement claim related to technical drawings, and reversed the court’s summary judgment grant...more

McDermott Will & Emery

“Can’t Hold Us” Liable: Macklemore & Ryan Lewis Win Affirmance in Copyright Suit

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit affirmed a grant of summary judgment on the issue of copyright infringement and an award of attorneys’ fees against the plaintiff under the Copyright Act. Although the Court noted...more

Patton Sullivan Brodehl LLP

An LLC’s Attorney Represents the LLC’s Members Too, Right?

Not long ago, The LLC Jungle posted an article addressing the perils of attorney representation of an LLC with two equal “co-managing members.”  See Why Having “Co-Managers” for Your LLC is a Terrible Idea. This post...more

McDermott Will & Emery

Second Circuit: No First Sale Doctrine for Reproduced Digital Files

McDermott Will & Emery on

Holding that reproduction of a digital file for purposes of resale does not fall under the “first sale” doctrine of the Copyright Act, the US Court of Appeals for the Second Circuit affirmed the district court’s grant of...more

McDermott Will & Emery

Usenet Server Owners, Operators Are Not Directly or Secondarily Liable for Copyright Infringement

McDermott Will & Emery on

Addressing copyright infringement issues, the US Court of Appeals for the Ninth Circuit affirmed the district court’s summary judgment in defendants’ favor on direct, vicarious and contributory infringement claims. Perfect...more

McDermott Will & Emery

Party Raising “First Sale” Defense to Copyright Infringement Bears Initial Burden of Proof - Adobe Systems Inc. v. Christenson et...

McDermott Will & Emery on

Addressing the appropriate allocation of the burden of proof related to the “first sale” defense to copyright infringement, the U.S. Court of Appeals for the Ninth Circuit confirmed that the initial burden of proof falls on...more

Neal, Gerber & Eisenberg LLP

Ninth Circuit Says Think Twice Before Sending That Takedown Notice Under DMCA: Be Sure You Have a Good Faith Belief It’s Not Fair...

The Digital Millennium Copyright Act (DMCA) requires copyright holders to consider fair use before sending a takedown notification, according to the U.S. Court of Appeals for the Ninth Circuit in Lenz v. Universal Music...more

McDermott Will & Emery

No Copyright in Individual Contributions to a Film - 16 Casa Duse, LLC v. Merkin

McDermott Will & Emery on

Citing the U.S. Court of Appeals Ninth Circuit’s recent en banc decision in Garcia v. Google (IP Update, Vol. 18, No. 6), the United States Court of Appeals for the Second Circuit affirmed a summary judgment ruling that...more

24 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide