Jonathan Zavin

Jonathan Zavin

Loeb & Loeb LLP

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Fahmy v. Jay Z - USDC, C.D. California, February 1, 2016

District court enters final judgment dismissing plaintiff’s copyright infringement suit against Jay Z with prejudice, finding that its previous ruling that plaintiff’s claimed “moral rights” were not cognizable under American...more

2/12/2016 - Copyright Infringement Dismissal With Prejudice Final Judgment Moral Rights Standing Subject Matter Jurisdiction The Copyright Act

Naruto v. Slater - USDC, N.D. California, January 28, 2016

District court dismisses copyright infringement action brought on behalf of macaque monkey who took “selfies” using defendant photographer’s camera, holding that animals lack standing under the Copyright Act....more

2/8/2016 - Article III Copyright Infringement Copyright Litigation PETA Standing The Copyright Act

Simmons v. Stanberry - USCA, Second Circuit, January 15, 2016

Second Circuit affirms dismissal of infringement suit over hip-hop beat in 50 Cent song "I Get Money" after holding plaintiff's claim constituted dispute over ownership of copyright that was time-barred by Copyright Act's...more

1/23/2016 - Copyright Copyright Infringement Motion to Dismiss Music Statute of Limitations

TCA Television Corp. v. McCollum - USDC, S.D. New York, December 17, 2015

District court dismisses plaintiffs’ claim of copyright infringement, finding that use of Abbott and Costello’s “Who’s On First?” routine in Broadway play “Hand to God” is transformative use and is protected by fair use...more

1/9/2016 - Chain of Title Copyright Infringement Fair Use The Copyright Act Transformative Use

Counts v. Meriwether USDC, C.D. California, January 5, 2016

District court grants defendants’ motion for summary judgment on copyright infringement claim brought by two screenwriters against creators of Fox sitcom “New Girl,” finding no evidence defendants had access to plaintiffs’...more

1/8/2016 - Copyright Infringement Evidence Motion to Dismiss Screenplays Screenwriters Substantially Similar Summary Judgment

Fox Television Stations, Inc. v. FilmOn X, LLC - USDC, Distric of Columbia, December 2, 2015

District court holds Internet television streaming service is not eligible for compulsory license under Section 111 of Copyright Act because it does not meet definition of “cable company” and therefore infringed...more

12/11/2015 - Broadcasting Cable Operators Compulsory Licenses Copyright Infringement FilmOn X Fox Television Stations Public Performance Rights The Copyright Act

Braham v. Sony/ATV Music Publishing - USDC, Central District of California, November 10, 2015

In copyright infringement suit targeting Taylor Swift’s hit song “Shake It Off,” magistrate judge recommends dismissal of pro se plaintiff’s claim, finding plaintiff failed to plausibly allege that Swift’s repeating phrases...more

11/24/2015 - Copyright Copyright Infringement Copyright Litigation In Forma Pauperis Song Lyrics Taylor Swift

Keeling v. Hars - USCA, Second Circuit, October 30, 2015

Second Circuit affirms denial of summary judgment on defendant’s counterclaim seeking declaration that plaintiff’s theatrical script parodying 1991 motion picture “Point Break” was not entitled to copyright...more

11/6/2015 - Copyright Copyright Infringement Fair Use Originality The Copyright Act

Fahmy v. Jay Z - USDC, C.D. California, October 21, 2015

District court grants defendants’ motion for judgment as matter of law, finding that songwriter’s heir did not have standing to sue for copyright infringement because he had conveyed all his economic rights (copyright) to the...more

10/30/2015 - Assignments Bifurcation Copyright Copyright Infringement Copyright Litigation Egypt Judgment As A Matter Of Law Jury Trial Moral Rights Royalties Song Lyrics Standing The Copyright Act

The Authors Guild v. Google, Inc. USCA Second Circuit, October 16, 2015

Second Circuit affirms district court's holding that Google's creation of searchable, digital copies of tens of millions of books constitutes fair use under Copyright Act, because Google's search service merely provides...more

10/23/2015 - Author's Guild v Google Authors Copyright Copyright Infringement Copyright Litigation Databases De Novo Standard of Review Fair Use Google Google Books Keyword Search Libraries Popular Search Engines The Copyright Act Transformative Use Transformativeness

Equals Three, LLC v. Jukin Media, Inc. - USDC, C.D. California, October 13, 2015

In copyright infringement action involving unlicensed use of humorous “viral videos,” district court denies copyright owner’s motion for partial summary judgment, concluding that all but one of allegedly infringing programs...more

10/23/2015 - Copyright Copyright Infringement Copyright Litigation Declaratory Judgments DMCA Fair Use License Agreements Motion for Summary Judgment Online Videos Takedown Notices Transformativeness User-Generated Content YouTube

Rupa Marya v. Warner/Chappell Music Inc. - USDC, Central District of California, September 23, 2015

District court grants plaintiffs summary judgment, holding that defendants never acquired rights in and do not own valid copyright to lyrics of “Happy Birthday to You.” In 1893, the Hills assigned their rights to the...more

10/2/2015 - Copyright Copyright Infringement Copyright Litigation Copyright Registration Intellectual Property Protection Licensing Rights Public Domain Putative Class Actions Song Lyrics Successor Interests Summary Judgment The Copyright Act

DC Comics v. Towle d/b/a Garage Gotham - USCA, Ninth Circuit, September 23, 2015

Ninth Circuit affirms that Batmobile is “character” entitled to copyright protection. In May 2011, DC Comics sued Towle in a California federal district court, alleging, among other things, causes of action for copyright...more

10/2/2015 - Batman Copyright Copyright Infringement DC Comics De Novo Standard of Review Intellectual Property Protection Laches Merchandising Rights Summary Judgment Trademark Infringement Unfair Competition Willful Infringement

Lenz v Universal Music Corp - USCA, Ninth Circuit, September 14, 2015

In Depth - Appellee Stephanie Lenz uploaded to YouTube a 29-second home video of her two children in the family kitchen dancing to Prince’s song “Let’s Go Crazy” in 2007. Based on certain video evaluation guidelines,...more

9/25/2015 - Copyright Copyright Infringement Copyright Litigation Fair Use Good Faith Intellectual Property Protection Interlocutory Appeals Misrepresentation Takedown Notices Universal YouTube

Gallagher v. Lions Gate Entertainment, Inc. - USDC, C.D. California, September 11, 2015

Plaintiff Peter Gallagher published a book titled The Little White Trip: A Night in the Pines in 2006, of which he sold 5,000 copies. Gallagher brought copyright infringement claims against the writers, including Joss Whedon,...more

9/25/2015 - Copyright Copyright Infringement Copyright Litigation Intellectual Property Protection Motion to Dismiss Substantially Similar

Fox News Network, LLC v. TVEyes, Inc. - USDC, S.D. New York, August 25, 2015

Fox News Network brought a copyright infringement suit against TVEyes Inc., a company that records virtually all radio and television broadcasts and transforms their content into a searchable database for its subscribers...more

9/3/2015 - Copyright Copyright Infringement Copyright Litigation Databases Fair Use Fox Television Stations Intellectual Property Protection

Brown v. Twentieth Century Fox Home Entertainment - USDC, E.D. Kentucky, August 27, 2015

Pro se plaintiff Rhonda Kay Jackson Brown, author of the novel Jackson Road and the related screenplay, “Mother’s Son,” brought copyright infringement and unfair competition claims against Twentieth Century Fox and...more

9/3/2015 - Copyright Copyright Infringement Copyright Litigation Motion to Dismiss Personal Jurisdiction Preemption Substantially Similar The Copyright Act Twentieth Century Fox Unfair Competition

Guzman v. Hacienda Records and Recording Studio, Inc. - USDC, S.D. Texas, August 18, 2015

Defendant Hacienda Records and Recording Studio, Inc. prevailed on a copyright infringement claim brought by plaintiff Jose O. Guzman following a bench trial in the U.S. District Court for the Southern District of Texas....more

8/28/2015 - Attorney's Fees Copyright Copyright Infringement Copyright Litigation Cost Recovery Expert Witness Litigation Fees & Costs Precedential Opinion SCOTUS The Copyright Act

Shame on You Productions, Inc. v. Banks - USDC, C.D. California, August 14, 2015

Plaintiff Shame on You Productions, Inc., was assigned a screenplay titled “Darci’s Walk of Shame” by its author, Dan Rosen. Shame on You sued defendants, including actress Elizabeth Banks, for copyright infringement and...more

8/20/2015 - Breach of Contract Breach of Implied Contract Copyright Infringement Dismissals Extrinsic Evidence Intrinsic Test Screenplays Substantially Similar

New Old Music Group, Inc. v. Gottwald - USDC, S.D. New York, August 7, 2015

New Old Music Group sued Lukasz Gottwald (Dr. Luke) and others for copyright infringement of the song “Zimba Ku,” written by New Old’s president Lenny Lee Goldsmith and recorded by the band Black Heat in 1975. At issue was...more

8/14/2015 - Copyright Copyright Infringement Digital Sampling Jessie J Summary Judgment

Silvero v. Fox Television Studios, Inc., et al. - Los Angeles Superior Court, August 6, 2015

Frank Silvero, an actor who played the character Frankie Carbone in the film “Goodfellas” and other similar mobster characters during his career, filed suit against Fox Television alleging that the writers of the animated...more

8/14/2015 - Anti-SLAPP Copyright Copyright Infringement First Amendment Fox Television Stations Misappropriation Preemption Right of Publicity

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

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

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

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