JONES DAY PRESENTS®: Insurance Implications of the California Consumer Privacy Act
Restaurant, bar, club and tavern owners around the United States need to make sure they are properly licensing boxing fights for commercial usage before broadcasting the fight in their establishments. There are several...more
We have seen a noticeable uptick in lawsuits commenced by “copyright trolls” in recent years, including against businesses in the manufacturing space. The Supreme Court is currently considering a case that could have a...more
Copyright owners now have another venue for enforcing copyrights: the Copyright Claims Board (CCB). Established by the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act), the CCB aims to provide...more
[co-author: Ivy Attenborough, Summer Associate] Thank you for reading the June 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the differences between Copyright Claims Board and federal...more
Let’s suppose that you have not registered your copyright in a book with the U.S. Copyright Office and you find someone has infringed your copyright by copying substantial portions of your book. Let’s also suppose you are...more
This week, we take a look at one Ninth Circuit decision addressing how to assess damages among multiple copyright infringers, and another examining the implications of changes in California law governing the distinction...more
Caution: Spoilers Ahead. Netflix’s wildly popular documentary series Tiger King: Murder, Mayhem and Madness continues to capture the imagination of the public as countless media reports and a follow-up Netflix episode...more
The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials. In Fourth...more
The so-called Big Three record companies—Universal, Sony, and Warner—have sued to hold an internet service provider liable for facilitating its customers’ copyright infringement....more
The Digital Millennium Copyright Act (“DMCA”) was intended to update U.S. copyright law for the digital age. Originally enacted in 1998, the DMCA intended to protect copyright holders from companies who made money by making...more
Thomson v. Afterlife Network Inc., 2019 FC 545, is a Federal Court decision in which the Court considers the existence of copyright in obituaries used in an e-commerce context....more
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
Copyrights arise automatically when an original work is created. Copyrights protect “original works of authorship,” which include paintings, illustrations, sculpture, photographs, books, articles, poems, movies, songs,...more
The recent decision in Energy Intelligence Group, Inc. v. CHS McPherson Refinery, Inc. highlights a circuit split regarding how courts determine the statutory damages available for copyright infringement where multiple...more
Rapper Tyler, the Creator (“Tyler”), is facing a lawsuit for copyright infringement, which alleges he illegally sampled a 1971 soul song, “Why Can’t There Be Love,” in his 2015 hit, “Deathcamp.” ...more
Some defendants have the mistaken belief that court deadlines are inherently flexible, and that even a default judgment can be set aside with a simple “mea culpa”. Not so. Without a reasonable explanation—and proof supporting...more