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Copyright Infringement Appeals Copyright Ownership

McDermott Will & Emery

It’s All Grecco to Me: No “Sophisticated Plaintiff” Exception to Discovery Rule

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In a case of first impression, the US Court of Appeals for the Second Circuit held that there is no “sophisticated plaintiff” exception to the Copyright Act’s discovery rule, which provides that a copyright claim only accrues...more

Dorsey & Whitney LLP

Will “Success Kid” Owner Continue to Succeed on Appeal in Copyright Dispute?

Dorsey & Whitney LLP on

Years ago, Laney Griner took a picture of her then toddler son, Sam, at the beach clenching his fist in what appeared like a celebratory gesture. The photo went viral, and later became a widely used meme on the internet known...more

McDermott Will & Emery

Same Old Story: Copyright Discovery Rule Still Applies

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The US Court of Appeals for the Fifth Circuit affirmed a district court’s infringement determination, finding that the copyright owner’s claims were timely since they were brought within three years of discovering the...more

Fenwick & West LLP

Seeing Starz: Circuit Tension Regarding Damages Accrual in Copyright Cases

Fenwick & West LLP on

The Copyright Act prescribes a three-year statute of limitations (17 U.S.C. § 507(b)), and the default “incident of injury” rule dictates that the three-year clock starts running when the infringement occurs. However, when a...more

McDermott Will & Emery

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

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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

Bracewell LLP

Artists Beware - Second Circuit Holds That Andy Warhol’s “Prince Series” Is Not a “Fair Use” of Copyrighted Photograph

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In a recent decision, Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, the Second Circuit upset conventional thinking regarding the concept of “fair use” with wide ranging implications for artists and copyright...more

McDermott Will & Emery

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

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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

By the Book: Unauthorized Material Doesn’t Forfeit Training Guide’s Copyright Protection

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The US Court of Appeals for the Sixth Circuit affirmed a jury verdict in favor of a copyright owner in a lawsuit alleging infringement of the copyright in a home-services training manual, finding that the jury was correctly...more

McDermott Will & Emery

“Salacious” Content Doesn’t Bar Discovery in Copyright Infringement Suit

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The US Court of Appeals for the District of Columbia Circuit preserved discovery options for copyright owners fighting online piracy when it reversed the district court’s refusal to allow a subpoena of an alleged online...more

McDermott Will & Emery

11th Circuit Tells Guitar Maker to Take a [Pantera] Walk on Delayed Copyright Claims

Affirming a summary judgment in favor of defendant, the US Court of Appeals for the Eleventh Circuit determined that a copyright infringement lawsuit pertaining to the graphic design on a guitar made famous by a late heavy...more

McDermott Will & Emery

Transfer of “Know-How” Includes Copyrights

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The US Court of Appeals for the Sixth Circuit vacated the district court’s dismissal of trademark and false advertising claims and grant of summary judgment on a copyright claim. Evoqua Water Technologies, LLC v. M.W....more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update – November 2019

Main Quest: Does Your Gaming Stream Violate the Copyright Act? Streaming platforms, such as Twitch, Mixer and YouTube Gaming, are quickly becoming household names, with daily viewership rates that rival those of more...more

McDermott Will & Emery

That’s All He Wrote: Copyright Owners No Longer Enjoy Presumption of Irreparable Harm

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Addressing for the first time the issue of whether a presumption of irreparable harm should apply in copyright infringement cases, the US Court of Appeals for the Third Circuit held that it did not, aligning the rule for...more

Jaburg Wilk

Protect Your Copyrighted Works and Avoid Liability for your Website

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On April 16, 2019, the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Erickson Productions, Inc. v. Kast. The Erickson decision teaches several important lessons. First, it reminds copyright owners of the...more

McDermott Will & Emery

Hell 2 Da Naw Pay Up Statutory Damages Award

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Addressing the proper procedure for electing statutory damages under the Copyright Act, the US Court of Appeals for the Sixth Circuit affirmed the district court, agreeing that the plaintiff had properly informed the court of...more

McDermott Will & Emery

Second Circuit: No First Sale Doctrine for Reproduced Digital Files

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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

Jaburg Wilk

The Ninth Circuit Helps Copyright Owners Battle Widespread Infringement in Glacier Films v. Turchin

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On July 24, 2018, the Ninth Circuit issued a decision that can be an important tool to help copyright owners enforce their rights. It’s not unusual for copyright owners to believe that it’s just not worth going after some...more

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