Jonathan Zavin

Jonathan Zavin

Loeb & Loeb LLP

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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

Brumley v. Albert E. Brumley & Sons Inc. - USCA, Sixth Circuit, May 16, 2016

Sixth Circuit concludes that author’s 1975 assignment of gospel song “I’ll Fly Away” was subject to 2008 termination notice, notwithstanding subsequent 1979 assignment of rights by late composer’s wife....more

5/27/2016 - Assignments Beneficiaries Copyright Inheritance Music Section 304 Termination Rights The Copyright Act Work-For-Hire

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

Lions Gate Entertainment Inc. v. TD - Ameritrade Services Co. Inc. USDC, C.D. California, March 14, 2016

District court holds Lions Gate's trademark-related claims under Lanham Act and related state law are preempted by Copyright Act in suit over financial services ad campaign that used modified version of famous line "Nobody...more

3/26/2016 - Copyright Lanham Act Preemption The Copyright Act Trademark Infringement Trademarks

Larson v. Warner Bros. Entertainment, Inc. - USCA, Ninth Circuit, February 10, 2016

Ninth Circuit affirms district court’s decision that 2001 letter operated as agreement by heirs of Superman co-creator to transfer to DC Comics rights in Superman, Superboy and Superman advertisements....more

2/19/2016 - Appeals Copyright Copyright Litigation DC Comics IP Assignment Agreements Settlement Agreements Superman Warner Brothers Entertainment

Gilkyson v Disney Enterprises, Inc. - Calif. Appeal Court, 2nd App. District, Div. 7, January 27, 2016

Appellate court finds that claim for breach of contract for contractual royalties brought against Disney by heirs of Terry Gilkyson, songwriter for “The Jungle Book” film, are not time-barred, based on application of...more

2/8/2016 - Breach of Contract Cause of Action Accrual Copyright Declaratory Relief Disney Music Song Lyrics Statute of Limitations

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

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

Baldwin v. EMI Feist Catalog, Inc. - USCA, Second Circuit, October 8, 2015

Second Circuit overturns district court ruling and holds that notice of termination sent to EMI for song “Santa Claus Is Comin’ to Town” successfully terminated 1981 grant of rights because, despite the lack of recordation of...more

10/16/2015 - Copyright Copyright Litigation Cross Motions EMI Entertainment IP Assignment Agreements Song Lyrics Sound Recording Copyrights Summary Judgment Termination Rights The Copyright Act

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

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

Ray Charles Foundation v. Robinson - USCA, Ninth Circuit, July 31, 2015

Ninth Circuit reverses lower court’s dismissal for lack of standing of action brought by Ray Charles Foundation, finding that Foundation, sole beneficiary of music legend’s estate, had standing to challenge validity of...more

8/7/2015 - Article III Copyright Copyright Office Irrevocable Trusts Licensing Rights Private Foundations Royalties Sound Recording Copyrights Standing Zone of Interests

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