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This blog involves a unique approach being used by a Hawaii law firm to seek to uncover the name, address, email address, MAC address and other information about alleged copyright infringers. The firm is using a DMCA 512(h)...more
The U.S. Supreme Court affirmed the Eleventh Circuit’s holding in Warner Chappell Music v. Nealy that copyright plaintiffs bringing timely claims of infringement may recover damages for acts occurring outside the three-year...more
The Supreme Court held that copyright owners who file a timely claim may obtain damages no matter when the copyright infringement occurred. ...more
Thank you for reading the February 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the advertising rights of luxury resellers and important updates to the Warner Chappell Music v. Nealy...more
On February 21, 2024, the Supreme Court of the United States heard oral arguments in Warner Chappell Music, Inc. et al. v. Nealy et al. The case involves whether plaintiff music producer Sherman Nealy may recover damages for...more
On February 21, the US Supreme Court will hear oral arguments in Warner Chappell Music, Inc. v. Nealy, the outcome of which could determine whether copyright holders can recover damages for acts occurring more than three...more
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
Creative works of expression are likely your most valuable assets if you are a film studio, photographer, software developer, writer, musician, or visual artist. To fully protect against copycats, you need federal copyright...more
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
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
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