Jonathan Zavin

Jonathan Zavin

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

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

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

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

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

American Broadcasting Cos., Inc. v. Aereo, Inc.

USDC, Southern District of New York, October 23, 2014 - In light of Supreme Court’s recent decision that defendant Aereo, Inc., engaged in public performances under Copyright Act by capturing over-the-air broadcast...more

10/31/2014 - ABC v Aereo Copyright Public Performance Rights SCOTUS Television Broadcast Stations The Copyright Act

Petrella v. Metro-Goldwyn-Mayer, Inc. - USCA Ninth Circuit, August 22, 2014

Petrella v. Metro-Goldwyn-Mayer, Inc. - USCA Ninth Circuit, August 22, 2014: On remand from the U.S. Supreme Court, which held that doctrine of laches could not bar plaintiff's copyright infringement claims involving...more

8/29/2014 - Copyright Copyright Infringement Estoppel Laches Petrella v. MGM Raging Bull Remand SCOTUS The Copyright Act

CBS Broadcasting Inc. v. FilmOn.com, Inc.

CBS Broadcasting Inc. v. FilmOn.com, Inc. - USDC, S.D.N.Y., July 24, 2014: District court issues second contempt finding against unauthorized content redistributor FilmOn.com, finding that FilmOn.com violated...more

8/1/2014 - ABC v Aereo Broadcasting CBS Consent Order Contempt Copyright Copyright Infringement Entertainment Industry FilmOn Injunctions Redistribution SCOTUS Technology Television Broadcast Stations The Copyright Act

American Broadcasting Cos. v. Aereo, Inc.

American Broadcasting Cos. v. Aereo, Inc. - U.S. Supreme Court, June 25, 2014: U.S. Supreme Court holds that Aereo’s near-contemporaneous transmission of broadcast television programs over Internet to subscribers...more

7/3/2014 - ABC ABC v Aereo Aereo Broadcasting Copyright Copyright Infringement Public Performance Rights SCOTUS The Copyright Act

Petrella v. Metro-Goldwyn-Mayer, Inc.

Petrella v. Metro-Goldwyn-Mayer, Inc. - United States Supreme Court, May 19, 2014: Resolving circuit split concerning applicability of laches to copyright claims, U.S. Supreme Court reverses Ninth Circuit ruling that...more

5/23/2014 - Copyright Copyright Infringement Equitable Estoppel Estoppel Laches MGM Petrella v. MGM SCOTUS Statute of Limitations The Copyright Act

Minden Pictures, Inc. v. John Wiley & Sons, Inc.

Minden Pictures, Inc. v. John Wiley & Sons, Inc. - USDC, N.D. Cal., April 29, 2014: California district court holds that dismissal of copyright action for lack of statutory standing did not divest the court of...more

5/9/2014 - Attorney's Fees Copyright Copyright Infringement Jurisdiction Section 505 The Copyright Act

Peter Mayer Publishers Inc. v. Shilovskaya

Peter Mayer Publishers Inc. v. Shilovskaya - USDC (S.D.N.Y.), March 31, 2014: District court holds that eBook version of translated Russian novel is not a new derivative work under the Copyright...more

4/11/2014 - Copyright The Copyright Act

Psihoyos v. John Wiley & Sons, Inc.

Psihoyos v. John Wiley & Sons, Inc. - USCA Second Circuit, April 4, 2014: Second Circuit adopts “discovery rule” for accrual of copyright infringement claims, affirms dismissal of infringement claims with respect to...more

4/11/2014 - Copyright Copyright Infringement Copyright Office Discovery Rule Jury Awards Statutory Damages The Copyright Act

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- February 10, 2014: Brownstein v....

In declaratory judgment action seeking joint authorship of work, Third Circuit holds that joint authorship claim under Copyright Act accrues, for statute of limitations purposes, when plaintiff’s authorship has been expressly...more

2/14/2014 - Copyright Entertainment Industry Motion Picture Industry The Copyright Act

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- January 9, 2014

Bouchat v. Baltimore Ravens Limited Partnership, USCA Fourth Circuit, December 17, 2013 - Fourth Circuit affirms grant of summary judgment in favor of defendants NFL and Baltimore Ravens, finding that use of team’s...more

1/10/2014 - Copyright Copyright Infringement Entertainment Industry Motion Picture Industry NFL Television Broadcast Stations The Copyright Act

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- September 12, 2013

Fox Television Stations, Inc. v. FilmOn X LLC, USDC, District of Columbia, September 5, 2013 - Adding to split among courts on this issue, D.C. district court issues preliminary injunction against internet television...more

9/12/2013 - Copyright Entertainment Industry Internet Streaming The Copyright Act U.S. Treasury

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- August 16, 2013

Marvel Worldwide, Inc. v. Kirby, USCA Second Circuit, August 8, 2013 - Second Circuit affirms grant of summary judgment in favor of plaintiffs, comic book publishers, and against defendants, heirs of renowned comic...more

8/19/2013 - Motion Picture Industry Television Broadcast Stations Television Programming The Copyright Act

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- July 12, 2013

Sony BMG Music Entertainment v. Tenenbaum, USCA, First Circuit, June 25, 2013 - First Circuit affirms judgment in favor of recording companies, holding that statutory damage award of $675,000 for willfully infringing...more

7/15/2013 - Copyright Copyright Infringement Due Process Fair Notice Statutory Damages The Copyright Act

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 31, 2013

Hart v. Electronic Arts, Inc., U.S.C.A., Third Circuit, May 21, 2013 - Third Circuit reverses district court’s grant of summary judgment dismissing claim of plaintiff, former college football player, for violating his...more

6/3/2013 - Athletes Copyright First Amendment Infringement Photographs Right of Publicity Statutory Damages The Copyright Act Transformativeness Video Games

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 17, 2013

Righthaven LLC v. Hoehn, USCA, Ninth Circuit, May 9, 2013 - Ninth Circuit affirms district courts’ dismissals of copyright infringement actions holding that entity created solely for purpose of pursuing copyright...more

5/17/2013 - Copyright Copyright Infringement Motion Picture Industry The Copyright Act

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 19, 2013

- Capitol Records, LLC v. ReDigi, Inc., USDC S.D. New York, March 30, 2013 ..District court grants summary judgment in favor of plaintiff Capitol Records on its copyright claims against ReDigi, online “reseller” of...more

4/22/2013 - Capitol Records Copyright Digital Downloads Fair Use First Sale Doctrine Infringement Music ReDigi Inc The Copyright Act

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 11, 2013

- American Broadcasting Companies, Inc. v. Aereo, Inc., USCA Second Circuit, April 1, 2013: Second Circuit affirms district court’s denial of plaintiffs’ request for preliminary injunction prohibiting defendant, Aereo,...more

4/12/2013 - Cablevision Copyright Mobile Devices Public Performance Rights The Copyright Act Transmit Clause

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 7, 2013

In This Issue: - Wild v. NBC Universal: Ninth Circuit affirms dismissal of copyright infringement claim without leave to amend, finding no substantial similarity between plaintiff’s graphic novel and NBC’s...more

3/8/2013 - Anti-SLAPP CBS Civil Conspiracy Copyright Covenant of Good Faith and Fair Dealing Infringement NBC Television Programming The Copyright Act Tortious Interference Unfair Competition

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- January 31, 2013

In This Issue: - Mattel v. MGA Entertainment: Ninth Circuit vacates jury verdict and related damages, fees and costs award in connection with MGA’s misappropriation of trade-secrets counterclaim, finding that that...more

2/1/2013 - Attorney's Fees Copyright Counterclaims Fair Use Infringement Misappropriation Photographs Sex Pistols Summary Judgment The Copyright Act Trade Secrets

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