Jonathan Zavin

Jonathan Zavin

Loeb & Loeb LLP

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Friedman v. Live Nation Merchandise, Inc. - USCA Ninth Circuit, August 18, 2016

Ninth Circuit revives photographers claims of willful copyright infringement against Live Nation Merchandise over Run DMC photograph it used without permission, concluding lower court incorrectly dismissed willful copyright...more

8/27/2016 - Appeals Copyright Copyright Infringement Damages Joint and Several Liability Partial Summary Judgments Photographs Reversal Statutory Damages Willful Infringement

Eggleston v. Daniels - USDC, E.D. Michigan, August 16, 2016

District court refused to dismiss infringement claims alleging creators of TV show “Empire” copied Cookie Lyon character from plaintiff’s memoir, concluding, among other things, that stories with female, African-American...more

8/26/2016 - Books Copyright Copyright Infringement Misappropriation Motion to Dismiss Personal Jurisdiction Right of Publicity Screenplays Substantially Similar Television Shows

Skidmore v. Led Zeppelin - USDC, C.D. California, August 8, 2016

District court rejects music publisher’s request for nearly $800,000 in attorney’s fees and costs as prevailing party in copyright dispute over Led Zeppelin song “Stairway to Heaven,” concluding lawsuit alleging infringement...more

8/19/2016 - Attorney's Fees Copyright Infringement Frivolous Lawsuits Led Zeppelin Objective Unreasonableness Standard

Solid Oak Sketches LLC v. 2K Games Inc. - USDC, S.D. New York, August 2, 2016

In copyright dispute over depictions of NBA players’ tattoos in “NBA 2K” video game series, district court dismisses tattoo licensing company’s claim for statutory damages and attorneys’ fees because copyrighted tattoo...more

8/13/2016 - Attorney's Fees Copyright Copyright Infringement Copyright Registration Dismissals NBA Statutory Damages Tattoos Video Games

Silas v. Home Box Office, Inc. - USDC, C.D. California, July 26, 2016

District court dismisses copyright infringement claim against creators of HBO’s television show “Ballers,” finding no substantial similarity between HBO’s show about retired football player who advises current players on...more

8/5/2016 - Cable Television Providers Copyright Copyright Infringement Dismissal With Prejudice Football HBO Screenplays Substantially Similar

Newt v. Twentieth Century Fox Film Corp. - USDC, C.D. California, July 27, 2016

District court dismisses copyright infringement claim against creators of Fox’s television show “Empire,” finding no substantial similarity between Fox’s show about struggle for control of music company and plaintiff’s...more

8/5/2016 - Breach of Implied Contract Copyright Copyright Infringement Copyright Litigation Dismissals State Law Claims Substantially Similar Television Shows Twentieth Century Fox

Clark v. Dashner - USDC, D. New Mexico, June 30, 2016

District court dismisses author’s claims that film “The Maze Runner” and novel of same name infringed on copyright in his book The Maze, holding that similarities between works, including giant maze and robotic creatures, are...more

7/11/2016 - Books Copyright Copyright Infringement Dismissal With Prejudice Lanham Act Movies Preemption State Law Claims Unfair Competition Unfair Trade Practices Act

Flo & Eddie Inc. v. Sirius XM Radio Inc. - USCA, Eleventh Circuit, June 29, 2016

In most recent decision over The Turtles’ pre-1972 sound recordings, Eleventh Circuit asks Florida Supreme Court to determine whether state law recognizes common law copyright in sound recordings and, if so, whether that...more

7/11/2016 - Common Law Claims Conversion Copyright Copyright Infringement FL Supreme Court Misappropriation Public Performance Rights SiriusXM Sound Recording Copyrights State Law Claims The Copyright Act Theft Unfair Competition

Kirtsaeng v. John Wiley & Sons Inc. - U.S. Supreme Court, June 16, 2016

U.S. Supreme Court holds “objective reasonableness” of losing party’s position is important factor but not controlling one in considering award of attorneys’ fees under Copyright Act. Graduate student Supap Kirtsaeng, a...more

6/27/2016 - Attorney's Fees Copyright Copyright Infringement Fee-Shifting First Sale Doctrine Judicial Discretion Kirtsaeng v. John Wiley & Sons Objective Unreasonableness Standard Prevailing Party SCOTUS The Copyright Act

Paramount Pictures Corp. v. Axanar Productions, Inc. - USDC, C.D. California, May 9, 2016

District court denies motion to dismiss copyright infringement claims against producers of unauthorized “Star Trek” films that incorporate numerous elements of famous motion picture and television franchise, including Klingon...more

5/20/2016 - Copyright Infringement Film Industry Motion to Dismiss Prior Restraint Standing Star Trek

Flo & Eddie, Inc. v. Sirius XM Radio, Inc. - USCA, Second Circuit, April 13, 2016

In dispute over The Turtles’ pre-1972 recordings, Second Circuit asks New York high court to determine whether right of public performance for creators of sound recordings exists under state law....more

4/21/2016 - Copyright Infringement Music Industry Musical Sound Recordings Public Performance Rights SiriusXM

Williams v. Bridgeport Music, Inc. - USDC, C.D. California, April 12, 2016

District court refuses request of Marvin Gaye’s family for $3.5 million in attorneys’ fees following jury verdict in “Blurred Lines” trial. On March 10, 2015, the jury in the “Blurred Lines” trial returned a verdict...more

4/21/2016 - Attorney's Fees Copyright Infringement Cost Allocation Jury Awards Marvin Gaye Pharrell Williams Robin Thicke

Skidmore v. Led Zeppelin - USDC, C.D. California, April 8, 2016

In copyright infringement action over iconic Led Zeppelin song “Stairway to Heaven” filed more than 40 years after song was first released, district court partially denies defendants’ motion for summary judgment, allowing...more

4/15/2016 - Abandonment Copyright Infringement Laches Led Zeppelin Music Industry Right of Attribution Summary Judgment

Mayimba Music Inc. v. Sony/ATV Latin Music Publishing LLC - USDC, Southern District of New York, March 31, 2016

In copyright infringement dispute over Shakira’s song “Loca,” district court denies plaintiff’s motion to set aside judgment that plaintiff’s work was fabrication and partially grants defendants’ motion for attorneys’ fees...more

4/8/2016 - Attorney's Fees Copyright Infringement Music Industry Sanctions Writers

FilmOn X LLC v. Window to the World Communications Inc. - USDC, N.D. Ill., March 23, 2016

Concurring with New York and D.C. courts in related cases, Illinois district court finds FilmOn X’s Internet-based streaming service is not “cable system” under Section 111 of Copyright Act, and is not entitled to compulsory...more

4/1/2016 - Cable Television Providers Compulsory Licenses Copyright Copyright Infringement Declaratory Judgments Internet Streaming

Abdullah v. Walt Disney Co. - USDC, C.D. California, March 14, 2016

District court grants motion to dismiss children’s author’s copyright infringement lawsuit, holding that defendant Walt Disney’s animated film “Frozen” is not substantially similar to plaintiff’s copyrighted children’s story...more

3/26/2016 - Authors Copyright Infringement Dismissal With Prejudice Disney Motion to Dismiss Movies Substantially Similar

Playboy Enterprises International Inc. v. Mediatakeout.com LLC - USDC, S.D. N.Y., March 8, 2016

In dispute over Playboy photos of rapper Azealia Banks, district court denies motion to dismiss copyright infringement and Digital Millennium Copyright Act claims stemming from website’s unauthorized addition of its own...more

3/17/2016 - Celebrities Copyright Infringement DMCA Fair Use License Agreements Misappropriation Motion to Dismiss Photographs Playboy

Counts v. Meriwether - USDC, C.D., California, March 9, 2016

Following dismissal of two screenwriters’ copyright infringement claims against writers, producers, broadcasters and distributors of television series “New Girl,” district court grants defendants more than $760,000 in...more

3/17/2016 - Attorney's Fees Copyright Infringement Dismissals Fee-Shifting Screenplays Television Shows The Copyright Act

CBS Broadcasting Inc. v. FilmOn.com, Inc. (USCA, Second Circuit, February 16, 2016 )

Second Circuit affirms district court order finding Internet-based television provider FilmOn violated consent order and permanent injunction by distributing plaintiff television networks’ copyrighted content without...more

2/26/2016 - Aereo Appeals CBS Contempt Copyright Infringement FilmOn X Internet Streaming Permanent Injunctions Sanctions Television Broadcast Stations

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

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