Intellectual Property, Communications & Media Law, Art, Entertainment & Sports Law

Copyright Law Reform Engages Both Courts and Congress

by Jenevieve Maerker | Foley Hoag LLP - Trademark, Copyright &... on 5/22/2013

Big changes may be afoot in copyright law these days, via both litigation and legislation. Courts are considering sweeping infringement claims with potentially far-reaching implications, and Congress is beginning the process...more

The Second Circuit’s Aereo Math: One Copy + One Subscriber ≠ Public Performance

by Jessica Lehrman | Morrison Foerster - Social Media on 5/21/2013

Last week—the week of May 12, 2013—proved to be an eventful week for Aereo. On May 14, 2013, the controversial broadcast television streaming service filed a motion for summary judgment in the Southern District of...more

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

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

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

Jackson Walker's VIA Media Postcard - April 2013

by Steve Fogel, Robert (Bob) P. Latham | Jackson Walker on 4/19/2013

In This Issue: - Steve Fogle's Feature: Out of the Blue - A recent unexpected court order restricting the media from reporting on certain details of a high-profile criminal case serves as a reminder that the...more

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

by Meg Charendoff, Tal Dickstein, W. Allan Edmiston, David Grossman, Jonathan Neil Strauss, Jonathan Zavin | Loeb & Loeb LLP on 4/12/2013

- 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

A Private Matter: Second Circuit Rules that Aereo’s TV Streaming Service is Not an Infringing Public Performance

by Madeleine Rodriguez | Foley Hoag LLP - Trademark, Copyright &... on 4/12/2013

Private PublicIn an industry where technology is constantly evolving and racing to keep up with consumer habits, a recent court ruling came down to one basic component: antennas....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

Pandora Tops 200 Million Users – Should Streaming Services Pay Lower Royalties?

by Tamera Bennett on 4/11/2013

Internet radio and streaming services are clearly part of the future of the music business. Should copyright owners, artists and songwriters continue to see a decrease in royalties when these businesses thrive? The...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

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

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

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 22, 2013

by Jonathan Zavin | Loeb & Loeb LLP on 3/22/2013

In This Issue: - UMG Recordings Inc. v. Veoh Networks Inc., USCA Ninth Circuit, March 14, 2013: Ninth Circuit upholds DMCA safe harbor protection from copyright infringement liability for defendant video-sharing...more

Team Mascots: Balancing Tradition and Cultural Sensitivity

by Anjali Shankar | Winthrop & Weinstine, P.A. on 3/21/2013

During my years at the University of Illinois – Urbana Champaign as an undergraduate student, the student body became embroiled in a heated debate about the continued viability of our team’s mascot. Our mascot was the...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 14, 2013

by Jonathan Zavin | Loeb & Loeb LLP on 3/14/2013

In This Issue: - Gibson Guitar Corp. v. Viacom International, Inc., USDC C.D. California, March 8, 2013: District court grants Viacom’s motion to dismiss plaintiff’s Lanham Act and related state law claims for...more

Chicago Casino Development Authority Act - AMENDMENT TO SENATE BILL 1739 re Internet Gaming

by Ian Imrich on 3/6/2013

Illinois iGaming Bill: Chicago Casino Development Authority Act - AMENDMENT TO SENATE BILL 1739 re Internet Gaming (Sen. Terry Link) --- On March 6th, 2013, Senate Bill 1739 was introduced in Illinois by State Senator...more

by David Hayes | Fenwick & West LLP on 3/6/2013

In This Publication: - I. Introduction - II. Rights Implicated By Transmission And Use Of Works On The Internet A. The Right of Reproduction - 1. The Ubiquitous Nature of "Copies" on the Internet...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- February 22, 2013

by Jonathan Zavin | Loeb & Loeb LLP on 2/22/2013

In This Issue: - Hallford v. Fox Entertainment Group: District court grants defendants’ motion to dismiss plaintiff’s copyright infringement claim, finding that defendants’ television show Touch is not substantially...more

Not My Anne - Possible Perils Of Book Cover Designs

by Bob Tarantino | Heenan Blaikie LLP on 2/13/2013

Last week we got to enjoy watching a bit of a kerfuffle develop after Canadian news outlets trumpeted the availability on Amazon.com of a print-on-demand edition of the first three "Anne of Green Gables" books which featured...more

Antigua and Barbuda: Haven from Minnesota Winters and Copyright Infringement

by Catlan McCurdy | Winthrop & Weinstine, P.A. on 2/8/2013

When you’re attempting to seek financial retribution from the United States, you have to get a little creative. And it sounds like Antigua and Barbuda employ some creative people. The Carribean nation, known for its beaches,...more

This Is Our Super Bowl Blog Post. Now Come and Get Us, NFL!

by Ken Basin | Greenberg Glusker Fields Claman & Machtinger... on 2/4/2013

Unless you live here, I’m assuming you’re aware of a little football game taking place this weekend between the San Francisco 49ers and the Baltimore Ravens. (And maybe, just maybe, you might have heard something — but...more

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Intellectual Property › Communications & Media Law › Art, Entertainment & Sports Law