David Grossman

David Grossman

Loeb & Loeb LLP

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Fox Television Stations, Inc. v. FilmOn X, LLC - USDC, C.D. California, July 16, 2015

District court holds that Internet television streaming service is eligible for compulsory licenses under § 111 of Copyright Act because it meets requirements of definition of “cable company” and Copyright Act does not...more

7/24/2015 - Cable Television Providers Compulsory Licenses Copyright Copyright Infringement Copyright Litigation Copyright Office FilmOn X Fox Television Stations Internet Streaming Motion for Summary Judgment Preliminary Injunctions Stays The Copyright Act

Clark v. Viacom - USCA Sixth Circuit, July 8, 2015

Sixth Circuit affirms dismissal of defamation claims brought against Viacom by former American Idol contestants, holding that Tennessee’s “single publication rule” applies to online speech and thus majority of allegedly...more

7/17/2015 - Continuing Wrongs Defamation Fox Broadcasting Multiple Occurences Single Publication Rule Statute of Limitations Viacom

16 Casa Duse, LLC v. Merkin - USCA, Second Circuit, June 29, 2015

In matter of first impression, Second Circuit affirms ruling that director does not own copyright interest in film that he directed, because his creative contributions were inseparable from and integrated into...more

7/10/2015 - Breach of Contract Copyright Copyright Infringement Copyright Litigation Film Industry First Impression Motion for Summary Judgment Preliminary Injunctions Sanctions The Copyright Act Tortious Interference TRO Work-For-Hire

Glatt v. Fox Searchlight Pictures, Inc. - USCA, Second Circuit, July 2, 2015

Second Circuit vacates district court's ruling that unpaid interns who worked on film Black Swan and at Fox's corporate offices should have been classified as employees and thus entitled to minimum-wage and overtime pay,...more

7/10/2015 - Appeals Class Action Class Certification Classification DOL Federal Rules of Civil Procedure FLSA Internships Misclassification Remand Unpaid Interns Vacated Wage and Hour Wages

Jordan-Benel v. Universal City Studios, Inc. - USDC, C.D. California, June 24, 2015

District Court allows screenwriter’s suit alleging feature film The Purge was based on his screenplay, Settler’s Day, to proceed, denying defendants’ anti-SLAPP motion because acts supporting plaintiff’s implied contract...more

7/3/2015 - Anti-SLAPP Copyright Copyright Infringement Film Industry First Amendment Movies Screenwriters

Copeland v. Bieber - USCA Fourth Circuit, June 18, 2015

Fourth Circuit vacates district court dismissal of copyright infringement claim against defendants Usher and Justin Bieber, finding that choruses in songs were sufficiently similar to withstand motion to dismiss, as...more

6/26/2015 - Copyright Copyright Infringement Copyright Litigation Intellectual Property Litigation Jury Questions Motion to Dismiss Music Music Industry

Gerritsen v. Warner Bros. Entertainment Inc. - USDC, C.D. California, June 12, 201

District court dismisses breach of contract and breach of guaranty claims in first amended complaint against Warner Bros. based on Oscar-winning motion picture "Gravity," holding that plaintiff Terry Gerritsen, author of...more

6/19/2015 - Books First Amendment Movies Warner Brothers Entertainment

Counts v. Meriwether - USDC, C.D. California, June 12, 2015

District court dismisses breach of contract and conversion claims in lawsuit brought by two screenwriters who alleged defendants used script to create television series "New Girl," holding breach of contract claim was...more

6/19/2015 - Breach of Contract Conversion Equitable Tolling Preemption Screenplays Screenwriters Television Shows The Copyright Act

In re DMCA Subpoena to eBay Inc. - USDC, S.D. California, June 5, 2015

Subpoena issued to eBay pursuant to DMCA, seeking to identify alleged infringers, is deemed valid under express statutory language despite eBay’s pre-subpoena removal of allegedly infringing material in response to related...more

6/15/2015 - Copyright Copyright Infringement Discovery DMCA eBay Infringement Internet Service Providers ISPs Photographs Subpoenas

Broadcast Music, Inc. v. Pandora Media, Inc. - USDC, S.D. New York, May 28, 2015

After five-week bench trial, district court holds BMI's proposed license fee of 2.5 percent of Pandora's gross revenue was reasonable, using Pandora's 2013 direct licenses with Sony/ATV and Universal Music Publishing as...more

6/5/2015 - BMI IP License License Agreements Music Music Industry Pandora Popular Sony Universal

John Wiley & Sons, Inc. v. Kirtsaeng - USCA, Second Circuit, May 27, 2015

Second Circuit affirms denial of defendant’s request for attorneys’ fees in copyright infringement dispute, finding plaintiff pursued objectively reasonable litigation position, having previously prevailed in both district...more

6/5/2015 - Attorney's Fees Copyright Copyright Infringement Copyright Litigation First Sale Doctrine Imports Intellectual Property Litigation Kirtsaeng v. John Wiley & Sons Publishers Publishing Copyrights SCOTUS The Copyright Act

Ryan v. Editions Limited West, Inc. - USCA, Ninth Cir., May 19, 2015

Ninth Circuit holds Copyright Act does not preclude enforcement of contractual attorneys’ fee provision in copyright-based litigation. Artist Victoria Ryan sued Editions Limited West, Inc. (ELW), a publisher of her...more

5/30/2015 - Appeals Art Attorney's Fees Copyright Copyright Infringement Copyright Litigation Fee-Shifting Statutes Preemption Publishing Copyrights The Copyright Act

Garcia v. Google Inc. - USCA, Ninth Circuit, May 18, 2015

Ninth Circuit sitting en banc reverses 2-1 panel decision that required Google to remove anti-Islam video from YouTube based on actor’s claim of copyright in her five-second appearance, holding that “a weak copyright claim...more

5/27/2015 - Censorship Copyright Copyright Infringement First Amendment Garcia v Google Independent Films YouTube

Mayimba Music, Inc. v. Sony Corporation of America - USDC, S.D.N.Y., April 30, 2015

District court suspends previous finding that pop star Shakira's song “Loca” infringed Dominican songwriter’s copyright, in light of newly discovered evidence that plaintiff fabricated evidence and committed perjury....more

5/8/2015 - Copyright Copyright Infringement Intellectual Property Litigation Music Music Industry Perjury

Levitin v. Sony Music Entertainment - USDC, Southern District of New York, April 22, 2015

In copyright infringement action arising out of international release of song “Timber” by performing artists Pitbull and Kesha, district court dismisses claims against Sony Music Entertainment, which obtained license from...more

5/3/2015 - Copyright Copyright Infringement Forum Non Conveniens International Litigation Long Arm Statute Motion to Dismiss Personal Jurisdiction Specific Jurisdiction

Ray v. ESPN, Inc. - USCA, Eighth Circuit, April 22, 2015

Eighth Circuit affirms dismissal of professional wrestler’s state-law right of publicity claims arising from ESPN’s re-telecast of wrestling match footage as preempted by Copyright Act....more

5/1/2015 - Athletes Dismissals ESPN Preemption Right of Publicity Sports The Copyright Act

Wilson v. The Walt Disney Company - USDC, N.D. California, April 16, 2015

In copyright infringement action concerning trailer for Disney’s blockbuster film Frozen court denied both parties’ motions for summary judgment, finding that plaintiff established genuine factual dispute as to Disney’s...more

4/27/2015 - Copyright Copyright Infringement Copyright Litigation Disney Evidence Film Industry Infringement Intellectual Property Litigation Movies Pixar Summary Judgment

Morawski v. Lightstorm Entertainment, Inc. - USCA, Ninth Circuit, April 15, 2015

Morawski v. Lightstorm Entertainment, Inc. - USCA, Ninth Circuit, April 15, 2015 - Ninth Circuit panel summarily affirms award of summary judgment in favor of James Cameron and Lightstorm Entertainment, rejecting...more

4/24/2015 - Breach of Contract Entertainment Industry Film Industry Summary Judgment

Napoleon Pictures Limited v. Fox - Searchlight Pictures, Inc. California Court of Appeal, 2d Appellate Div., April 9, 2015

Napoleon Pictures Limited v. Fox - Searchlight Pictures, Inc. California Court of Appeal, 2d Appellate Div., April 9, 2015 - Appellate court affirms trial court’s judgment in dispute over royalties for video sales for...more

4/17/2015 - Appeals Film Industry Fox Searchlight Pictures MTV Royalties Sales & Distribution Agreements Video Recordings

In re Hulu Privacy Litigation - USDC, N.D. California, March 31, 2015

In re Hulu Privacy Litigation - USDC, N.D. California, March 31, 2015 In Depth: District court rejects Video Privacy Protection Act claim against video streaming provider Hulu, finding insufficient evidence...more

4/14/2015 - Class Action Data-Sharing Dismissals Facebook Hulu

Adjmi v. DLT Entertainment LTD. - USDC, S.D. New York, March 31, 2015

Adjmi v. DLT Entertainment LTD. - USDC, S.D. New York, March 31, 2015 - In Depth: District court grants declaratory judgment to playwright, holding that play’s dark and “nightmarish” theatrical take on iconic...more

4/13/2015 - Copyright Parody Television Shows Theater Productions Transformativeness

TufAmerica v. Diamond - USDC, S.D. New York, March 24, 2015

TufAmerica v. Diamond - USDC, S.D. New York, March 24, 2015 - District court awards summary judgment to defendants, members of the Beastie Boys, holding that plaintiff did not have standing to file suit for...more

4/3/2015 - Beastie Boys Copyright Copyright Infringement License Agreements Music Music Industry Standing

Murakami-Wolf-Swenson, Inc. v. Cole - USDC, D. Oregon, March 18, 2015

District court holds defendants willfully infringed plaintiff’s copyright in animated film, finding defendants acted recklessly by manufacturing film without searching Copyright Office’s records, and by concluding that film...more

3/27/2015 - Animation Copyright Copyright Infringement Movies Public Domain YouTube

Tempest Publishing, Inc. v. Hacienda Records and Recording Studio, Inc. - USDC, S.D. Tex., March 18, 2015

Texas district court holds that independent recording studio willfully infringed copyright in plaintiff’s musical composition, finding defendant’s four-year delay in seeking post-recording license did not conform with...more

3/27/2015 - Copyright Copyright Infringement Music Industry Sound Recording Copyrights Willful Infringement

Vil v. Poteau - USDC, D. Massachusetts, March 3, 2015

District court awards summary judgment to defendant organization and its board against former vice president, finding that plaintiff did not establish genuine issue of material fact as to his copyright claim because he failed...more

3/13/2015 - Copyright Copyright Infringement Copyright Litigation Intellectual Property Litigation Lanham Act

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