Intellectual Property, Art, Entertainment & Sports Law, Science, Computers & Technology

Are The Legal Rules For User Generated Content Becoming More Nuanced?

by Travis Crabtree | Looper Reed & McGraw, P.C. on 5/15/2013

The general legal advice to website operators who allowed User Generated Content (UGC) in the form of comments, videos or pictures used to be relatively easy....more

Memes Attack

by Derek Allen | Winthrop & Weinstine, P.A. on 5/15/2013

A recent lawsuit combines a number of things that are surely ruining today’s youth: internet memes, the Nintendo DS, and side-scrolling video games (actually, that last one ruined my generation. Thanks Super Mario Bros.,...more

Judge Slams Copyright Troll Attorneys

by Balough Law Offices, LLC on 5/8/2013

A federal judge has referred a band of copyright troll attorneys to their respective state and federal bars for their “moral turpitude unbecoming of an officer of the court.” The judge also referred the attorneys to the U.S....more

Potential Bad News for UGC Music Sites: Pre-1972 Tracks May Not Be Covered By the DMCA’s Safe Harbor

by Fernando Bohorquez, Jr. | BakerHostetler on 5/6/2013

When you think of “Peggy Sue” by Buddy Holly, “Johnny B. Goode” by Chuck Berry, and “My Girl” by the Temptations, you think classic, iconic, rock and roll. Now, in light of the most recent legal setback against music sharing...more

State court ruling creates new uncertainty for DMCA safe harbors

by Allie Diamond, Stefan Mentzer | White & Case LLP on 4/26/2013

A New York state court has ruled that a DMCA safe harbor does not protect internet services from claims they infringe pre-1972 sound recordings. The decision, UMG Recordings v. Escape Media Group, creates new uncertainty and...more

Viacom’s Copyright Suit against YouTube Again Faces DMCA Roadblocks in the District Court

by Jenevieve Maerker | Foley Hoag LLP - Trademark, Copyright &... on 4/26/2013

Following the Second Circuit’s remand order last year on appeal of an initial grant of summary judgment for YouTube, the Southern District of New York has revisited the issues in Viacom’s copyright infringement suit and again...more

DMCA Safe Harbor Upheld for YouTube Once Again in Viacom v. YouTube

by Meaghan Hemmings Kent, Martin Saad | Venable LLP on 4/26/2013

On April 18, 2013, the U.S. District Court for the Southern District of New York again held that YouTube is subject to the safe harbor provisions of the Digital Millennium Copyright Act as an internet service provider despite...more

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

by Meg Charendoff, Tal Dickstein, W. Allan Edmiston, David Grossman, Jonathan Neil Strauss, Jonathan Zavin | Loeb & Loeb LLP on 4/22/2013

- 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

Viacom v. YouTube Update: What Does It Mean For Me?

by Travis Crabtree | Looper Reed & McGraw, P.C. on 4/22/2013

The district court in New York dismissed Viacom’s lawsuit against YouTube yesterday. Yes, this case has been on appeal and remanded several times. Viacom may appeal the Second Circuit Court of Appeals once again, so it may...more

Federal Court Says No to “Used” Digital Music Marketplace

by Daniel Zlatnik | Morrison Foerster - Social Media on 4/17/2013

Digital music has come a long way since the era of widespread unauthorized sharing, with digital music sales estimated to be approaching $6 billion worldwide. As this market grows, a natural question is whether there can be a...more

Capital Records v. ReDigi, Inc.: New York District Court Determines that First Sale Doctrine does NOT apply to Digital Media. Did...

by Fuerst Ittleman David & Joseph, PL on 4/12/2013

On March 30, 2013, only 11 days after the United States Supreme Court’s decision in Kirtsaeng v. Wiley to extend the first sale doctrine to foreign made goods, a United States District Court in the Southern District of New...more

The Copyright Alert System – Copyright Infringement and The Educational Approach

by Joseph DiCioccio | Mintz Levin - Intellectual Property on 4/11/2013

There have been many attempts over the last few years to address online copyright infringement. The most recent effort is the Copyright Alert System (“CAS”), which was rolled out in February 2013 as a system created to...more

Southern District of New York Holds Copyright First Sale Doctrine Does Not Apply to Digital Music Files; Resale of Digital Music...

by Ropes & Gray LLP on 4/10/2013

In Capital Records, LLC v. ReDigi Inc., 12 Civ. 95, (Mar. 30, 2013) (“Capital Records v. ReDigi”) Judge Sullivan of the Southern District of New York held that the copyright “first sale doctrine is limited to ‘material...more

It’s Illegal to Resell iTunes Songs Online, Court Rules

by Aaron Kase | Lawyers.com on 4/5/2013

Digital music cannot be sold secondhand over the Internet, even if the seller deletes the original file, a federal judge ruled last week....more

IP Update, Vol. 16, No. 3, March 2013

by Sarah Bro, Melissa Nott Davis, Paul Devinsky, Susan Evans, Raymond M. Gabriel, D. Jeremy Harrison, Donna M. Haynes, Sungyong “David” In, John Low, Ulrika Mattsson, Christopher May, more +Christina Ondrick, Alexander P. Ott, Philip Ou, Sara Sunderland, Rose S. Whelan, Bruce Yen, Rita Yoon | McDermott Will & Emery on 3/29/2013

In This Issue: Supreme Court - Supreme Court Finds That “First Sale” Doctrine Applies to Works Patents - Joint Actors as It Relates to Method Claim Infringement; Federal Circuit Ruling Clears Way...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 28, 2013

by Jonathan Zavin | Loeb & Loeb LLP on 3/28/2013

In This Issue: - Kirtsaeng v. John Wiley & Sons, Inc., U.S. Supreme Court, March 19, 2013: In a 6-to-3 decision with far-reaching implications, U.S. Supreme Court holds that copyright “first sale” doctrine...more

Supreme Court Refuses to Hear File-Sharing Appeal

by Michele Bowman | Lawyers.com on 3/26/2013

Jammie Thomas-Rasset, the woman whom the recording industry martyred with a $222,000 damages award after several trials for stealing music online, has reached the end of her legal rope. The U.S. Supreme Court on Mar. 18...more

Trademark Review - Volume 3 | Issue 3 March 2013

by Knobbe Martens Olson & Bear LLP on 3/25/2013

In This Issue: • NY Yankees Establish Rights to a Mark Despite Never Using It • Walgreen Is Denied Registration of WAL-ZYR for its Product Equivalent to ZYRTEC • The Batmobile Escapes a Motion to Dismiss -...more

The Ninth Circuit Clarifies Safe Harbor Rules in Veoh Victory

by James Freedman, Siddhartha Venkatasen | Orrick, Herrington & Sutcliffe LLP on 3/20/2013

Last week, the Ninth Circuit further clarified the scope of the Digital Millennium Copyright Act’s (“DMCA”) safe harbor provision for online content providers. See UMG Recordings, Inc. v. Shelter Capital Partners LLC, No....more

New Jersey Division of Gaming Enforcement Announces Temporary Adoption of Regulations for Fantasy Sports Tournaments in Atlantic...

by Ian Imrich on 3/18/2013

The New Jersey DGE regulations on fantasy sports games (N.J.A.C. 13:69 P ) can be found at: http://www.nj.gov/oag/ge/temporaryorders.html ...more

Nevada Gaming Commission NOTICE OF REQUEST FOR COMMENTS AND/OR LANGUAGE ON REGULATIONS CONCERNING INTERSTATE AGREEMENTS FOR...

by Ian Imrich on 3/14/2013

Nevada Gaming Commission NOTICE OF REQUEST FOR COMMENTS AND/OR LANGUAGE ON REGULATIONS CONCERNING INTERSTATE AGREEMENTS FOR INTERACTIVE GAMING. --- Section 6 of Assembly Bill 114 from the 2013 Legislative Session...more

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Intellectual Property › Art, Entertainment & Sports Law › Science, Computers & Technology