W. Allan Edmiston

W. Allan Edmiston

Loeb & Loeb LLP

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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

Ryder v. Lightstorm Entertainment, Inc., et al. - California Court of Appeal, Second Appellate District, Division Eight, March 25,...

California Court of Appeal affirms summary judgment in favor of James Cameron and Lightstorm Entertainment in idea submission case, finding plaintiff unable to prove that defendants used any of plaintiff’s ideas in...more

4/2/2016 - Breach of Contract Breach of Implied Contract Discovery Fiduciary Duty Film Industry Fraud Mootness Motion for Sanctions Screenplays Substantially Similar Summary Judgment

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

Atlantique Productions S.A. v. ION Media Networks Inc. - USCA, Ninth Circuit, March 18, 2016

Ninth Circuit affirms ruling in favor of defendant ION Media Networks on French television producer’s claims for breach of contract, promissory estoppel and fraud, finding no contract existed because parties agreed to be...more

4/1/2016 - Appeals Breach of Contract Contract Formation Forum Selection Fraud International Litigation Promissory Estoppel Television Shows

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

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

Billy Mitchell v. The Cartoon Network Inc. - USDC, New Jersey, November 23, 2015

District Court grants Cartoon Network’s motion to dismiss right of publicity claim brought by plaintiff, well-known figure in video-gaming community and antagonist in documentary film The King of Kong, finding that cartoon...more

12/3/2015 - Cartoon Network First Amendment Misappropriation Name and Likeness Right of Publicity Transformative Use Video Games

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

Franklin v. The Daily Holdings, Inc. - New York Supreme Court, Appellate Division, 1st Judicial Department

In defamation suit arising from report of nightclub confrontation between rappers, New York appellate court holds that plaintiff adequately alleged that published statements taken out of context from his Twitter post were...more

11/24/2015 - Damages Defamation Leave to Amend Libel Reputational Injury Twitter

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

Fourth Age Limited v. Warner Bros. Digital Distribution Inc. - USCA, Ninth Circuit, October 28, 2015

Ninth Circuit affirms district court’s holding that Warner Bros. can assert counterclaims against estate of J.R.R. Tolkien in action over right to make digital merchandise based on Tolkien’s books, as counterclaims were...more

11/6/2015 - Anti-SLAPP Breach of Contract Contract Disputes Counterclaims Covenant of Good Faith and Fair Dealing Declaratory Relief Intellectual Property Litigation Intellectual Property Protection Merchandising Rights Video Games Warner Brothers Entertainment

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

Greene v. Paramount Pictures Corp. - USDC, E.D. New York, September 30, 2015

District court grants defendants’ motion to dismiss invasion of privacy claims, holding that defendants’ film “The Wolf of Wall Street” did not use plaintiff’s actual name or image, and grants in part and denies in part...more

10/9/2015 - Defamation Film Industry Gross Negligence Invasion of Privacy Leave to Amend Libel Motion to Dismiss Paramount Pictures Right to Privacy Sua Sponte

O’Bannon v. NCAA - USCA, Ninth Circuit, September 30, 2015

Ninth Circuit affirms in part and reverses in part district court’s judgment that NCAA rule on student-athlete compensation was unlawful restraint on trade, holding that member schools were permitted to raise cap on...more

10/9/2015 - Anticompetitive Behavior College Athletes Colleges Deferred Compensation Injury-in-Fact Name and Likeness NCAA O'Bannon v NCAA Putative Class Actions Restraint of Trade Rule-of-Reason Analysis Scholarships Sherman Act Standing Student Athletes UCLA Universities Vacated

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

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