Jonathan Zavin

Jonathan Zavin

Loeb & Loeb LLP

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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

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

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