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Copyright Infringement License Agreements

Robins Kaplan LLP

Navigating the Legal Landscape: Generative AI and Copyright Law

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Generative artificial intelligence captivated the world in 2023 and is firmly positioned to remain center stage in the coming year. In the United States, the introduction and early-stage use of generative AI have been plagued...more

Spirit Legal

Urheberrechtsreform 2021 Teil 4: Verantwort­lich­keit der Dienste­anbie­ter nach dem UrhDaG

Spirit Legal on

Mit dem Urheberrechts-Diensteanbieter-Gesetz (UrhDaG) wird ein völlig neues Haftungsregime in Deutschland etabliert. In diesem Beitrag werfen wir nun einen näheren Blick auf die Voraussetzungen, unter denen Diensteanbieter...more

PilieroMazza PLLC

Board Rejects Software Company’s Attempt to Enforce License Agreement Against Government Agency

PilieroMazza PLLC on

Software companies frequently choose to sell their products to the government through resellers as a cost-effective way to reach the federal marketplace with minimal compliance obligations. But even when the government...more

Kidon IP

Legal Protection for the Software Arts — Part 5

Kidon IP on

Copyright protection is, generally speaking, formality-free in the US and other member states of the Berne Convention for the Protection of Literary and Artistic Works. A software rights owner does not have to publish, affix...more

Jaburg Wilk

Royalty-Free and Open License Works

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If you want to use photographs, graphics, or other content without paying a fee or by paying a one-time fee rather than an ongoing royalty, it is important that you understand the law to avoid subjecting yourself or your...more

Royer Cooper Cohen Braunfeld LLC

The Shaky Ground of Unauthorized Embedding

A series of recent cases and settlements involving the unauthorized embedding of images into third-party online content have called into question long-held assumptions that embedding did not infringe upon a copyright holder’s...more

Tarter Krinsky & Drogin LLP

Fair Use: Prince Of The Universe Dethroned In Favor Of The Goldsmith

Decades ago, Andy Warhol created 15 silkscreen prints and pencil illustrations based on Lynn Goldsmith’s 1981 photograph of the artist Prince. Goldsmith’s agent had licensed Vanity Fair to use the image to publish an...more

McAfee & Taft

Navigating the social media maze of copyright

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As 2020 marches on, companies continue to focus on social media and other online forms of marketing and advertising to connect with their customers. Unfortunately, by advertising and connecting through social media, companies...more

Clark Hill PLC

Teaching Online Traps for the Unwary – How to Use Copyrighted Material Safely

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With most K-12 schools moving to exclusively online educational programming necessitated by shelter-in-place and other limitations imposed due to the COVID-19 pandemic, teachers want to know if, when, and how they can use...more

Dorsey & Whitney LLP

Music Public Performance Rights: Ignore That Licensing Offer from ASCAP or BMI at Your Peril

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In the music world, performance rights organizations (“PROs”) serve an intermediary function between songwriters and music publishers and third parties who perform the protected works publicly. Among the largest PROs in the...more

Dorsey & Whitney LLP

Grumpy Cat wins $700K, but is she happy?

Dorsey & Whitney LLP on

Coffee addicts and meme fanatics are slightly less caffeinated and slightly less entertained after a California federal district court recently ruled that Grenade Beverage, LLC infringed the intellectual property rights of...more

Dorsey & Whitney LLP

If This Copyright Law Post Mentions Hamilton, You’re More Likely to Read It

Dorsey & Whitney LLP on

This post is about Hamilton. Well, sort of. It’s actually about copyright law. But keep reading!...more

Snell & Wilmer

Ninth Circuit: Non-Exclusive Licensing Agent Has No Standing to Sue for Copyright Infringement

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In DRK Photo v. McGraw-Hill Global Education Holdings, LLC, the Ninth Circuit held that an Arizona stock photo agency could not sue McGraw-Hill under the Copyright Act for using images in textbooks without permission. The...more

Knobbe Martens

Not Gone with the Wind: IP Rights Despite Public Domain Images

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In 2006, Warner Bros. filed suit against A.V.E.L.A., X One X Productions, and ArtNostalgia.com, Inc. (collectively, “AVELA”) for copyright and trademark infringement under the Copyright Act, the Lanham Act, and state law....more

WilmerHale

Copyright and Trademark Case Review: Wine, Vodka and a Little Karaoke

WilmerHale on

Copyright Opinions - Eleventh Circuit Seeks Florida High Court's Guidance on Pre-1972 Sound Recordings: Flo & Eddie, Inc. v. Sirius XM Radio, Inc., No. 15-13100 (11th Cir. June 29, 2016) - Anderson, J. In a suit...more

Akerman LLP - Marks, Works & Secrets

First Sale Defense Blocks “Slam Dunk” Copyright Violation

The Ninth Circuit recently addressed the burden of proof applicable to the first sale defense to a copyright infringement claim. That defense provides that, once a copy of a work is lawfully sold or transferred, the new owner...more

Akin Gump Strauss Hauer & Feld LLP

Holy Smokes Batman! The Batmobile Won Copyright Protection

On September 23, 2015, the Ninth Circuit issued an opinion that will cause comic book fans and car aficionados to take notice. In  DC Comics v. Mark Towle, the court held that the production and sale of replica Batmobiles...more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update - October 2015

The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more

Proskauer - New England IP Blog

Summary Judgment Ruling Not a Pretty Picture for Massachusetts Copyright Plaintiff

A recent decision from the District of Massachusetts demonstrates the difficulties that can arise when attempting to protect copyrighted works displayed on the internet. The July 29, 2015 order issued by the Honorable Patti...more

Akerman LLP - Marks, Works & Secrets

State Law Claims Suffer “Awfully Big Adventure”: New York Court Finds Federal Copyright Preemption in Dispute over Peter Pan...

On June 8, 2015, the New York County Supreme Court dismissed with prejudice eight of twelve state law claims brought by a producer seeking damages for the purportedly unauthorized use of his music in a world-wide production...more

CMCP - California Minority Counsel Program

DISHing it out with the Fox: How the Second Screen Has Survived Fox’s Copyright Attacks

January’s Central District of California ruling on Fox Broadcasting’s claims against the DISH Network clarifies some of the ambiguity surrounding second screen cross-device programming distribution and copyright infringement....more

Zelle  LLP

Can A House Be An Advertisement? The 5th Circ. Thinks So

Zelle LLP on

In the world of general liability insurance policies, it is not uncommon for policies to exclude coverage for claims resulting from copyright or trademark infringement, while covering claims resulting from “advertising...more

Foley Hoag LLP - Trademark, Copyright &...

Sue-per Bowl Shuffle 2014: The Year in NFL-Related Intellectual Property Litigation

Heading into this year’s Super Bowl party season, there are two things every lawyer should be concerned about. First, why can’t your team get it together? Second, what do you do if you are asked to explain to your friends and...more

McDermott Will & Emery

A Hypothetical-License Damages Theory Must Be Rooted in Non-Hypothetical Evidence

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Oracle Corporation v. SAP AG - The U.S. Court of Appeals for the Ninth Circuit has explained that a copyright owner is not required to show that it actually would have granted a license to the defendant before it can...more

Patterson Belknap Webb & Tyler LLP

“Free Sherlock” Litigation Raises Specter of Antitrust Liability for Distributors Cooperating With Intellectual Property Owners

Leslie Klinger, noted Sherlock Holmes scholar and lawyer, has waged a nearly all-out legal offensive against the Estate of Arthur Conan Doyle over the Estate’s assertion of a copyright in connection with certain works...more

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