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Certiorari The Copyright Act Copyright Infringement

Sunstein LLP

Supreme Court Rules that Copyright Infringement Claims: Can Cover Decades of Damages

Sunstein LLP on

The Copyright Act requires that an infringement action be brought, if at all, within three years of the accrual of the claim. This requirement often limits the period for which damages can be recovered. As a recent Supreme...more

Snell & Wilmer

U.S. Supreme Court Grants Certiorari to Decide Damages Period Under Copyright Act

Snell & Wilmer on

The U.S. Supreme Court recently granted certiorari to consider whether a copyright plaintiff’s timely claim under the discovery rule is subject to retrospective relief for infringement occurring more than three years before...more

Dorsey & Whitney LLP

Whose Song Is It Anyway? Questions about Samples in Flo Rida and will.i.am’s Hit “In the Ayer” Soar to the Supreme Court

Dorsey & Whitney LLP on

On September 29, 2023, the Supreme Court granted certiorari in Warner Chappell Music, Inc. v. Nealy, a case that should resolve a split among the U.S. Courts of Appeal relating to the scope of damages available to copyright...more

McDermott Will & Emery

Seeking Harmony: Supreme Court to Consider Retrospective Relief for Timely Copyright Claims Under Discovery Rule

McDermott Will & Emery on

The Supreme Court of the United States agreed to consider whether a copyright plaintiff’s timely claim under the discovery rule is subject to retrospective relief for infringement occurring more than three years before the...more

Proskauer - Minding Your Business

Supreme Court to Re-Examine Fair Use: Warhol Foundation v. Goldsmith

On March 28th, the Supreme Court granted certiorari in Warhol Foundation v. Goldsmith, a case involving the core issues around copyright fair use. The case involves a series of Warhol drawings and silkscreen prints adapted...more

Morgan Lewis - Tech & Sourcing

Supreme Court to Hear Warhol Fair Use Case

The US Supreme Court is set to hear a case regarding fair use as it pertains to a photo of the universally known music artist, Prince. The nation’s highest court will hopefully clarify when and how artists can make use of the...more

Morrison & Foerster LLP

Supreme Court Grants Cert in Andy Warhol Foundation Case on Copyright Fair Use

Following a twenty-seven year drought of copyright fair use cases, the Supreme Court is now set to take on its second case on the doctrine in two years. The high court granted a petition this week in Andy Warhol Foundation...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Holds That Good Faith Mistakes of Law and Fact Are Protected by Copyright Registration Safe Harbor

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

Snell & Wilmer

Supreme Court: Mistakes of Law Can Excuse Inaccurate Copyright Registration

Snell & Wilmer on

The Supreme Court held that lack of knowledge of either fact or law can excuse inaccuracies in a copyright registration under Section 411(b)’s safe harbor provision of the Copyright Act....more

Dorsey & Whitney LLP

SCOTUS Agrees to Consider Whether Copyright Act Section 411 Requires an Intent to Defraud

Dorsey & Whitney LLP on

The U.S. Supreme Court recently granted certiorari to tackle a technical copyright registration question: when a defendant alleges knowing inaccuracies in a copyright registration, does 17 U.S.C. § 411 require referral to the...more

Fenwick & West LLP

SCOTUS: Full Costs in Copyright Cases Limited by General Costs Statute

Fenwick & West LLP on

In Rimini Street v. Oracle USA, the U.S. Supreme Court held unanimously that the “full costs” the Copyright Act authorizes federal district courts to award a party in copyright litigation means the costs specified in the...more

Dorsey & Whitney LLP

The Supreme Court - March 4, 2019

Dorsey & Whitney LLP on

Today, the Supreme Court issued three decisions: Rimini Street, Inc. v. Oracle USA Inc., No. 17-1625: Section 505 of the Copyright Act permits courts to award “full costs” to a party in a civil action. Broadly interpreting...more

Snell & Wilmer

Supreme Court to Determine “Full Costs” Under Copyright Act

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On September 27, 2018, the Supreme Court of the United States granted certiorari in Oracle USA v. Rimini Street to resolve a split among the United States Circuit Courts of Appeals concerning costs awarded to a prevailing...more

Snell & Wilmer

SCOTUS to Consider Copyright Registration Circuit Split

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The Supreme Court of the United States granted certiorari in Fourth Estate Public Benefit v. Wall-Street.com to resolve a long-standing split among the United States Circuit Courts of Appeals concerning whether copyright...more

Fox Rothschild LLP

Supreme Court To Decide Copyright Circuit-Split

Fox Rothschild LLP on

Yesterday the United States Supreme Court announced that it was granting the petition for writ of certiorari in the copyright infringement case previously discussed on this blog. The case is Fourth Estate Public Benefit Corp....more

Dorsey & Whitney LLP

Comic-Con, Costumes, and Copyright Concerns

Dorsey & Whitney LLP on

Get ready, nerds! This summer’s Comic-Con season is almost upon us and your costume is not going to make itself. But before you squeeze into your tights and cape, do you need to worry about copyright infringement? This blog...more

Goodwin

Supreme Court Grants Certiorari in Cheerleader Apparel Copyright Case

Goodwin on

The issue the Supreme Court has agreed to decide involves how to separate the artistic elements of a product’s design from the useful or “utilitarian” elements. That distinction matters for copyright purposes, because to...more

WilmerHale

Context Is Everything: Evaluating Different Approaches Toward Attorneys’ Fees Awards Under Copyright Act in Light of Supreme Court...

WilmerHale on

The Supreme Court will soon hear oral arguments on standards for awarding attorneys’ fees to the winner of a copyright dispute. Currently there are at least three different test being applied by federal courts. Data analysis...more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update - February 2016

Be Reasonable: The U.S. Supreme Court Agrees to Review the Standard for Awarding Attorneys' Fees to the Prevailing Party in Copyright Infringement Suits - Why it matters: On January 15, 2016, the U.S. Supreme Court...more

Fish & Richardson

Kirtsaeng Looks to Take Second Bite Out of the Supreme Court Apple

Fish & Richardson on

Supap Kirtsaeng (“Kirtsaeng”) already has one precedential U.S. Supreme Court case under his belt, and on Friday, January 15, 2016, the Supreme Court decided to give him a chance at a second when it granted certiorari of...more

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