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  • Article

    Ninth Circuit To Reconsider The Curious Copyright Case Requiring YouTube To Take Down All Copies Of Anti-Islamic Film

    Earlier this year, we noted a peculiar decision out of the Ninth Circuit holding that an actress owns a copyright interest in her five-second performance.
    United StatesIntellectual Property
    Morrison Foerster
    Morrison Foerster
  • Article

    No Declaratory Judgment For Unregistered Copyright

    Addressing issues of subject matter jurisdiction in a copyright-based declaratory judgment action, the U.S. Court of Appeals for the Eleventh Circuit found a lack of subject matter jurisdiction where there was no registered copyright in dispute.
    United StatesIntellectual Property
    McDermott Will & Emery
McDermott Will & Emery
  • Article

    No Dorothy, This Doesn´t Fall Under The Old Copyright Rules

    United StatesIntellectual Property
    Hughes & Luce LLP
    Hughes & Luce LLP
  • Article

    No Matter How You Dress It Up, Pre-Registration Infringement Does Not Justify Statutory Damages Or Attorneys´ Fees

    The U.S. Court of Appeals for the Ninth Circuit overturned an award of statutory copyright damages and attorneys' fees, finding that since the alleged act of infringement commenced between the first publication and the effective date of copyright registration of the copyright in issue, neither was available to the copyright holder.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    No Substantial Similarity Where Only Non-Copyrightable Subject Matter Is Used in Common

    The U.S. Court of Appeals for the First Circuit has held that a musical composition that was not sufficiently similar to a registered composition to give rise to an inference of actual copying does not infringe that composition. Johnson v. Gordon, Case No. 04-2475 (1st Cir. May 31, 2005) (Selya, J.).
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Noh Comments On Richard Prince Photo Copyright Settlement

    Pryor Cashman Partner Megan Noh, co-chair of the Art Law Group, spoke with The Art Newspaper about the anticipated trials in two lawsuits against artist Richard Prince, in which photographers...
    United StatesIntellectual Property
    Pryor Cashman LLP
    Pryor Cashman LLP
  • Article

    Nonprofit Websites: No Copyright Infringement Safe Harbor For Content Posted By Third Parties If Not Following DMCA Formalities

    To be clear, not every website operator will always be able to take advantage of the Section 512(c) safe harbor.
    United StatesIntellectual Property
    Venable LLP
    Venable LLP
  • Article

    Not All Repeat Infringer Policies Are Sufficient for Safe Harbor Protection

    The DMCA protects internet service providers from liability when users upload copyrighted content, while requiring that such service providers remove the material if they receive notice...
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Novell Prevails In Long-Running Dispute Over Ownership Of UNIX Copyrights - And Open Source Software Moves On

    The dispute between The SCO Group and Novell, Inc. over the ownership of copyrights in the code to certain versions of the UNIX operating system, which started eight years ago, appears to have been handed its retirement papers by the Tenth Circuit.
    United StatesIntellectual Property
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Now You See It; Now You Don't (Wait, Yes You Do!): TTAB Affirms Refusal Of '4D' As Merely Descriptive And As Deceptively Misdescriptive For Amusement Park Attraction

    The article discusses TTAB affirmation refusal of ‘4D’ as merely descriptive and as deceptively misdescriptive for amusement park attraction.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Objective Evidence Of Non-Obviousness Can Be The Most Probative Record Evidence On Obviousness

    Addressing a a finding of obviousness by the U.S. Patent and Trademark Office, Board of Patent Appeals and Interferences (Board), the U.S. Court of Appeals for the Federal Circuit reversed the Board's obviousness ruling, finding that the Board failed to properly account for the importance of objective evidence of non-obviousness.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    On Remand From The Supreme Court, The Ninth Circuit Affirms Validity Of An Inaccurate Copyright Registration

    The Ninth Circuit has ruled in favor of Unicolors, Inc., finding that the company has a valid copyright registration despite a mistake in the registration.
    United StatesIntellectual Property
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    On The Face Of It – Can You Protect An Idea?

    The Facebook phenomenon took the world by storm and today there are approximately 670 million users of the popular social networking site in the world.
    United StatesIntellectual Property
    Spoor & Fisher
    Spoor & Fisher
  • Article

    Online Sharing And Fair Use: Exploring The Limits Of Artists' IP Rights

    On June 11, 2018, a federal court in Virginia issued what some copyright experts are calling a troubling decision in a case involving a photo that was posted online without the copyright owner's consent.
    United StatesIntellectual Property
    Pryor Cashman LLP
    Pryor Cashman LLP
  • Article

    Online Sharing And Fair Use: Exploring The Limits Of Artists' IP Rights

    On June 11, 2018, a federal court in Virginia issued what some copyright experts are calling a troubling decision in a case involving a photo that was posted online without the copyright owner's consent.
    United StatesIntellectual Property
    Pryor Cashman LLP
    Pryor Cashman LLP
  • Article

    Pandora Enters Into License Agreements With ASCAP And BMI

    Following the Copyright Royalty Board's ruling to raise Pandora's royalty rates, last week Pandora announced new licensing agreements with the country's two largest performing-rights societies...
    United StatesIntellectual Property
    BakerHostetler
    BakerHostetler
  • Article

    "Please Sir, I Want Some More" Rules: U.S. Copyright Office Considers "Orphan" Works Legislation

    The U.S. Copyright Office has called for public comment on potential legislative solutions to the problem of orphan works under U.S. Copyright law.
    United StatesIntellectual Property
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Policing Use Of Trademarks Through Copyright

    Google has a fascinating report called the Transparency Report, where it provides statistics on the number of Copyright takedown notices it receives monthly.
    United StatesIntellectual Property
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    Porn Producer 'Strike 3' Strikes Out In Copyright Case

    Most of these suits, however, do not name individual defendants.
    United StatesIntellectual Property
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Potential Implications Of US Copyright Office Determination On AI-Generated Work

    Partners Louis Tompros and Ariel Soiffer, Counsel Matthew F. Ferraro and Senior Associate Natalie Li penned an article for Tech Policy Press discussing the US Copyright Office's response...
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Showing 881–900 of 5704 results

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