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  • Podcast

    Season 3 Ep #4: Abracadabra!- The Spellbinding IP Of The Harry Potter Universe (Podcast)

    The global franchise that is the Harry Potter universe has been both a pioneer and target of IP litigation.
    United StatesIntellectual Property
    Volpe Koenig
    Volpe Koenig
  • Article

    Second Circuit Finds DMCA Grants Safe Harbor To Service Providers For Pre-1972 Sound Recordings

    In Capital Records v. Vimeo, the Second Circuit Court of Appeals issued an important decision on the Digital Millennium Copyright Act § 512 safe harbor.
    United StatesIntellectual Property
    Fenwick
    Fenwick
Article

Second Circuit Holds That The Google Digital Books Project Is Protected Under The Fair Use Doctrine

On October 16, the Second Circuit ruled that Google's scanning of millions of books without the copyright holders' permission, for use in its "Google Books" database, is permissible under the fair use doctrine.
United StatesIntellectual Property
Reed Smith
Reed Smith
  • Article

    Simple Mistake On Copyright Registration Could Cost $1 Million

    After fabric designer Unicolors Inc. (Unicolors) won a nearly $1 million verdict against H&M in a 2016 copyright infringement case, H&M appealed, arguing that Unicolor's copyright application contained mistakes rendering it invalid.
    United StatesIntellectual Property
    Taft, Stettinius & Hollister LLP
    Taft, Stettinius & Hollister LLP
  • Article

    Smells Like Infringement: Court's Refusal To Dismiss Copyright And Trademark Claims Makes Nirvana Smile

    On November 8, 2019, a federal judge denied a motion by Defendant Marc Jacobs International LLC and other defendants to dismiss Plaintiff Nirvana LLC's copyright and trademark ...
    United StatesIntellectual Property
    Venable LLP
    Venable LLP
  • Article

    Songwriters' Twice Dismissed Suit Born Again Under FRCP 60

    The Fifth Circuit recently addressed the question when a court can give relief from a final judgment, order or proceeding under Federal Rule of Civil Procedure 60. Yesh Music v. Lakewood Church, 2013 U.S. App. LEXIS 16884 (5th Cir. Aug. 14, 2013).
    United StatesIntellectual Property
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Sony Music Settles Lawsuit Over Whitney Houston Biopic

    Sony has settled its lawsuit against the producers of the 2022 biopic Whitney Houston: I Wanna Dance with Somebody.
    United StatesIntellectual Property
    Klemchuk
    Klemchuk
  • Article

    Sound And Color, LLC v. Samuel Smith

    Plaintiff Sound and Color LLC, the owner of the copyright to the 2015 song "Dancing With Strangers" (also known as "Dancing With a Stranger"), composed by Jordan Vincent and Christopher Miranda...
    United StatesIntellectual Property
    Loeb & Loeb LLP
    Loeb & Loeb LLP
  • Article

    Strong IP Protections Are Good For Workers, Good For The Economy

    Manufacturers continue to urge U.S. negotiators to pursue a Trans-Pacific Partnership (TPP) trade agreement that opens markets, protects intellectual property rights and enables cutting-edge innovation.
    United StatesIntellectual Property
    Orrick
    Orrick
  • Article

    Supreme Court Clarifies Copyright Law: "Application" v. "Registration" Finally Resolved

    On Monday, March 4, 2019, the United States Supreme Court issued an opinion that clarified the long-standing issue of whether a plaintiff bringing a copyright infringement action has to have an issued registration ...
    United StatesIntellectual Property
    Womble Bond Dickinson
    Womble Bond Dickinson
  • Article

    Supreme Court Clarifies Laches Defense, Allows Raging Bull Dispute To Proceed

    The equitable defense of laches cannot be invoked to bar a copyright damages claim brought within three years of an alleged violation.
    United StatesIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    Supreme Court Confirms That Copyright Registration Is Required To Commence Suit: What This Means For You And Strategies For Early Assessment

    The debate over whether the pendency of an application suffices is now over, however.
    United StatesIntellectual Property
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Supreme Court Determines Some Copyright Owners Can Recover Damages Beyond The Statute Of Limitations

    On May 9, 2024, the U.S. Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Sherman Nealy et al. (No. 22-1078), holding that copyright owners can recover damages going back more...
    United StatesIntellectual Property
    Wiley Rein
    Wiley Rein
  • Article

    Supreme Court Rejects Google's Appeal In Java API Dispute

    On Monday, the Supreme Court denied certiorari in Google's appeal of the Federal Circuit's 2014 ruling that that the declaring code and the structure, sequence, and organization of 37 Java API packages are entitled to copyright protection.
    United StatesIntellectual Property
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Supreme Court Rules 6-3 That Aereo’s Retransmission Violates Copyright Law

    The U.S. Supreme Court determined that Aereo, Inc.’s online television streaming service violates copyright law.
    United StatesIntellectual Property
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Supreme Court Rules On Availability Of Attorneys' Fees In Copyright Cases

    In the US, attorneys' fees generally are not available to the winning party unless authorized by statute or the parties have agreed to permit a fee award.
    United StatesIntellectual Property
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Supreme Court Rules That Lack Of Knowledge May Excuse Inaccuracies In Copyright Registrations

    On February 24th, the Supreme Court ruled that lack of either factual or legal knowledge can excuse inaccuracies in copyright registrations under Section 411(b)(1)(A) of the Copyright Act.
    United StatesIntellectual Property
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Termination Of Employee Refusing To Perform Copyright Infringement Was Illegal

    The Texas Court of Appeals for the Second District found that an employee was wrongfully terminated from an architecture firm when he refused to engage in behavior that he believed would expose him to liability for criminal copyright infringement.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    The [Appropriation] Artist Is A Prince

    The U.S. Court of Appeals for the Second Circuit, in a case involving allegations, against an appropriation artist, of infringement of photographs subject to registered copyrights, concluded that a broad fair use defense is available for most of his artistic works.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    The Beastie Boys Fight For Their Rights And Win

    The U.S. District Court of the Southern District of New York ordered record label TufAmerica, Inc. to pay the Beastie Boys, Universal-Polygram International Publishing, Inc. and Capital Records LLC, $845,597.23 in attorneys' fees and costs.
    United StatesIntellectual Property
    BakerHostetler
    BakerHostetler
  • Showing 921–940 of 5704 results

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