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U.S. Copyright Office Calls For Public Comment on Music Licensing

As part of a concerted effort to assess the effectiveness of existing methods of licensing music, the US Copyright Office has published a request in the Federal Register for public comment on a number of copyright issues....more

Ninth Circuit Makes Bad Copyright Law from Bad Facts

In a decision that is already being criticized as “horrific” and “judicial activism,” the Ninth Circuit created copyright protection for an acting performance in a short film for which the actress read from a script and was...more

Legally Compliant Online Promotions - Doing Online Promotions Without Getting Sued

In This Presentation: - User Generated Content ..What, Me Worry? What could go wrong with UGC? - The Communications Decency Act ..Section 230 - The DMCA ..Safe Harbor - Sweepstakes, Contests and...more

Advanced Copyright Issues on the Internet

In This Publication: - I. Introduction - II. Rights Implicated By Transmission And Use Of Works On The Internet - III. Application Of Copyright Rights To Specific Acts On The Internet - IV....more

Sports, Media and Entertainment Intelligence - March 2014

Italy: Opportunities for DTT frequencies in the Italian market - The Italian Ministry for Economic Development has started a competitive bid for three national DTT frequencies. Australia: Senate scrutinises state of...more

Collective Rights Management Directive Adopted by European Parliament

On 20 February 2014, the European Parliament adopted the collective management of copyright and related rights directive (Directive), which aims to make it easier for online providers to stream music in multiple EU countries....more

Community Television of Utah, LLC v. Aereo, Inc. - USDC, D. Utah, February 19, 2014

In another iteration of the ongoing conflict between television content owners and the Internet television company Aereo, a Utah district court enters a preliminary injunction against Aereo, pending the U.S. Supreme Court’s...more

Copyright v. Privacy: Voltage Pictures LLC v. John Doe And Jane Doe

The recent Federal Court of Canada decision in Voltage Pictures LLC v. John Doe and Jane Doe (2014 FC 161) has already received considerable attention for its approach to deterring so-called “copyright trolls”: plaintiffs...more

“Facebook Said I Could” Defense Fails to Justify Digital Millennium “Trademark” Notice

CrossFit, Inc., the fitness training company, licenses its trademarked name and goodwill to over eight thousand affiliates worldwide at $3,000 per year per affiliate. When non-affiliate Jenni Alvies began posting on Facebook...more

Winter 2014 Federal Copyright and Trade Secret Legislation Update

Several bills under consideration in the 113th Congress would establish or significantly amend certain federal statutes related to the protection, enforcement, and exploitation of trade secrets or copyrights. Some legislation...more

Jury’s Verdict in Madden Football Copyright Case Overturned

We previously reported on Robin Antonick’s copyright claim against Electronic Arts, Inc. (“EA”) over the software for the Apple II John Madden Football game. Antonick didn’t have a copy of his original source code at the time...more

Great Britain: Internet Providers reject blocking of illegal gambling sites

According to a report by the Financial Times, British internet service providers (ISPs) have rejected an attempt by the Gambling Commission to post warning pages on unlicensed gambling websites, alerting the user that the...more

Cinar Corporation v Robinson, 2013 SCC 73

On December 23, 2013, a unanimous Supreme Court of Canada issued its decision in the copyright infringement action involving the children’s cartoon television show “The Adventures of Robinson Curiosity” (“Curiosity”) and the...more

Sports, Media and Entertainment Intelligence - January 2014

BETTING AND GAMING - Japan looking at casino promotion legislation - With a few very limited exceptions, gaming is generally banned in Japan. In the wake of the tsunami and earthquake, and as the 2020 Olympic Games...more

French Courts Ordered to Block and Delist 16 Streaming Websites

Last November, French courts have, for the first time, ordered to block entire video streaming websites based on specific laws against copyright infringement (Hadopi 2009 laws1). To some authors, this decision is questionable...more

November 2013: Entertainment Litigation Update

Viacom Executive’s Name Not Protected as Trademark Under Web Domain Rules. On September 6, 2013, a World Intellectual Property Organization (“WIPO”) arbitrator denied Viacom President and CEO Philippe Dauman’s claim for...more

Willful Infringement of Copyright in Haitian Earthquake Photographs Cost AFP and Getty $1.2 Million

A federal jury in New York has found Agence France-Presse and Getty Images Inc. willful in their infringement of Daniel Morel’s copyrights in eight photographs of the 2010 Haiti earthquake, and ordered them to pay damages of...more

Google Says "All Your Books Are Belong to Us": Federal District Court Approves Digitizing Millions of Copyrighted Books Under Fair...

If you know your Internet memes, you may already have rolled your eyes at the title above. If you don’t get the (dated, I admit) reference, you can, of course, just google it. That “of course” is Google’s strategic vision...more

Online streaming of free-to-air TV channels: Why the approach taken by the European Court of Justice and UK High Court in the...

While in the UK the law in relation to the live streaming of free-to-view television channels has been resolved, following the reference to the CJEU and the High Court decision in the TVCatchUp (TVC) litigation, in favour of...more

Google Prevails in the Latest Chapter of the Google Books Litigation

On November 15, Judge Chin of the Southern District of New York issued a long-awaited decision in the Google Books case, Authors Guild, Inc. v. Google Inc. Google Books — the project through which Google provides access to...more

After Long Battle, Google Books Ruled “Fair Use”

When last we looked in on the Google Books dispute, the Second Circuit had overturned class certification in the suit, brought by the Authors Guild and multiple individual authors, on the basis that the District Court first...more

Implications for the Google Books Fair Use Ruling

There’s no question that Google’s massive book digitization project has enormous social benefits. Researchers and students are able to find and analyze relevant information more quickly than ever before, authors and...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- November 21, 2013

The Authors Guild Inc. v. Google Inc., USDC, S.D. New York, November 14, 2013 - District court grants Google’s summary judgment motion, holding that Google’s scanning and indexing of copyrighted books for its Google...more

IP Buzz - October 2013

In this issue: - How Capitol Records v. Vimeo Shapes the Content Stream - Internet Platform Held Liable for Counterfeit Sales – Hope for Brand Owners - Daily Journal quotes Greg Sater on native...more

Imagine There’s No Safe Harbor: Does the DMCA Apply to pre-1972 Sound Recordings?

Vimeo, the online video service, is seeking leave to appeal to the Second Circuit on the issue of whether sound recordings made prior to 1972 are covered by the safe harbor provisions of the Digital Millennium Copyright Act...more

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