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The Copyright Act Dismissals Copyright

McDermott Will & Emery

Google It: Federal Copyright Law Preempts California Causes of Action

Addressing a state law-based challenge to the way search results are displayed on copies of websites, the US Court of Appeals for the Ninth Circuit held that copyright preemption precluded a website owner from invoking state...more

McDermott Will & Emery

Tenth Circuit Contributes Clarity to Contributory Liability in Copyright Infringement

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Addressing the elements of contributory copyright infringement, the US Court of Appeals for the Tenth Circuit found that a plaintiff had plausibly alleged contributory copyright infringement when he alleged that the...more

McDermott Will & Emery

Serving a Perfect 10: No Protection for Embedding

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The US Court of Appeals for the Ninth Circuit found that a photo- and video-sharing social networking service could not be liable for secondary copyright infringement because embedding a photo does not “display a copy” of the...more

McDermott Will & Emery

The Perils of Falling in Love

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit affirmed the dismissal of a lawsuit that sought a declaratory judgment on the basis that a notice of termination of copyright assignment under 17 U.S.C. § 203 did not validly...more

Dunlap Bennett & Ludwig PLLC

Disney vs Denise Daniels: Supreme Court Asked to Review Copyrights for Characters

In March, the 9th Circuit Court of Appeals rejected a copyright lawsuit that alleged Pixar’s 2015 film “Inside Out” was based on Denise Daniels, a child development expert, who had pitched her idea to Walt Disney Co... ...more

Mintz - Trademark & Copyright Viewpoints

Second Circuit Declines to Decide if Human Skin Can Be a Tangible Medium of Expression under Copyright Law and Affirms Dismissal...

In a recent decision from the Second Circuit, Judges Parker, Chin, and Carney side-stepped a novel question: whether human skin can be the kind of "tangible medium of expression" required for copyright protection. Instead,...more

McDermott Will & Emery

Artists Denied Royalties Under CRRA Because of Federal Pre-Emption

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Addressing the California Resale Royalties Act (CRRA), the US Court of Appeals for the Ninth Circuit upheld a district court’s dismissal of a plaintiff’s CRRA claims concerning resale royalties that postdated the 1976...more

Genova Burns LLC

Monkey See, Monkey Sue: Ninth Circuit Finds Naruto Cannot Sue Under Copyright Act

Genova Burns LLC on

Last week, the Ninth Circuit Court of Appeals panel affirmed dismissal of copyright infringement claims brought on behalf of a macaque monkey, Naruto, against a wildlife photographer. The Court found that Naruto had...more

Bennett Jones LLP

Canadian Playground Fight Highlights the Importance of Industrial Design Protection

Bennett Jones LLP on

A recent decision of the Federal Court of Canada has highlighted the difficulties in asserting trademark and copyright rights related to the appearance of functional products with unique design elements....more

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