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Entertainment and Media Litigation Update - February 2016

Be Reasonable: The U.S. Supreme Court Agrees to Review the Standard for Awarding Attorneys' Fees to the Prevailing Party in Copyright Infringement Suits - Why it matters: On January 15, 2016, the U.S. Supreme Court...more

News of Note for the Internet-Minded – 2/5/16

Augmented reality goes to the Superbowl; Cisco commits to the Internet of Things with a billion-dollar embrace (even as IBM belatedly embraces the cloud); the staying power of the sharing economy is questioned; and more…...more

The ITC Tries an En Banc Shot to Redefine Its Regulatory Authority

In our recent post, Living in a Nonmaterial World: Determining IP Rights for Digital Data, we discussed the potential impact of the Federal Circuit decision in ClearCorrect v. ITC, 2014-1527, in which the appeals court held...more

The biggest surveillance and national security event of the year: Super Bowl 50

While you are dipping chips and pulling apart BBQ wings, over 60 federal, state and local law enforcement agencies will be combining their efforts to survey the nearly one million people who will travel to the San Francisco...more

Second Circuit Holds Google Books Is Fair Use

In a much anticipated decision, handed down in October of last year, the Second Circuit held Google Books to be a fair use of the copyrighted works Google digitized, catalogued, and offered for on-line searching. The Second...more

News of Note for the Internet-Minded – 1/29/16

It’s been a week when virtual reality news reigns supreme, with the technology shown off in medicine, film and entertainment, and as part of Apple’s future plans. The FCC has even suggested a spectrum designation for it. Oh,...more

Criminal or Civil Liability for Sharing Streaming Accounts?

We are at the beginning of a new era of media consumption. Traditional content delivery systems such as satellite and cable television are hemorrhaging customers to a wave of “cord cutting” that has been facilitated by the...more

Latest DMCA Triennial Review Permits Jailbreaking, Video Game Preservation, And More

Most readers of this blog are well-acquainted with the Digital Millennium Copyright Act (DMCA) and the anti-circumvention provisions codified therein, 17 U.S.C. § 1201 et seq., which prohibit the circumvention of...more

Greater liability for ISP’s

In a sure-to-be-appealed verdict last week, a federal court jury in the Eastern District of Virginia found Cox Communications liable to pay $25 million to music publisher BMG Rights Management for contributory copyright...more

News of Note for the Internet-Minded – 12/23/15

Stories of interest this week include Toyota’s high-precision mapping system, a European ToS fight, 3D printing with glass, a recap of VR breakthroughs in 2015, and more. - Google and Ford reported to team up for...more

The Sports Industry 2015: A Year of Unprecedented Landmark Change

We could not let the dust settle on 2015 without recapping the monumental upheaval the sports industry has experienced this year. Not since Rupert Murdoch unearthed sport as a commercial “battering ram” for distribution...more

Google Books Is Transformative and Therefore a Fair Use - The Authors Guild, et al. v. Google, Inc.

Addressing the boundaries of fair use in copyright law, the U.S. Court of Appeals for Second Circuit found that the making of digital copies of tens of millions of books to establish a publicly available search function was a...more

2015 Digital Media Year in Review

Yes, it's that time of year again. Nostalgia and reflection time—taking a look at this past year in digital media. Nearly one year ago, Manatt Digital Media CEO Peter Csathy made several predictions for TechCrunch in an...more

Direct injection broadcasting – who is communicating to the public?

The European Court of Justice (ECJ) has ruled that a broadcaster is not making a communication to the public for the purposes of Article 3(1) of the Copyright Directive (2001/29/EC) (Article 3(1)) when it transmits...more

Mass Gaming Commission Holds Daylong Forum on Daily Fantasy Sports

On Thursday, December 10, 2015, the Massachusetts Gaming Commission (MGC) held a daylong forum to educate the MGC commissioners, staff and the public on Daily Fantasy Sports (DFS) and to inform the policy paper the MGC is...more

Advertising Law - December 2015 #2

Game's Over: Jordan, Grocers Settle Publicity Rights Suits - To avoid a second trial in litigation initiated by Michael Jordan challenging the use of his likeness in a commemorative issue of Sports Illustrated, the...more

Advertising Law - December 2015

New York AG Asks Court to Bench DFS - In the continuing drama surrounding Daily Fantasy Sports (DFS), New York's Attorney General Eric Schneiderman responded to lawsuits by DraftKings and FanDuel by seeking a preliminary...more

Intellectual Property and Technology News Series: Supreme Court Corner: Q4 2015

RECENT DECISIONS Lenz v. Universal Music Corp., et al. (9th Cir.)* COPYRIGHT – DECIDED: SEPTEMBER 14, 2015 Holding: A copyright owner must consider fair use prior to issuing a take-down notice under 17 U.S.C. §...more

MarkIt to MarketTM - November 2015

The November issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses how authors can better protect titles of creative works in the U.S., outlines seven best practices for social media marketers seeking to quickly...more

Advertising Law - November 2015 #4

Sharing Is Caring? New Report Documents Apps Sharing User Data at High Rates - A new report has revealed that Apple and Android apps share information with third parties at high rates. Testing 55 of the most popular...more

Google Books and Fair Use: From Implausible to Inevitable?

A for-profit corporation scans millions of in-copyright books and permanently stores their full contents in its database, all without seeking permission or paying the books’ authors or publishers. Over ten years ago, when...more

Manatt Digital Media - November 2015

This month's newsletter features highlights from the Siemer Summit in Beverly Hills, the SLUSH conference in Helsinki and conversations with the founders of emerging tech start-ups in sensor data technology and virtual...more

Legally Blind Individual Sues the NBA Over Digital Barriers on Website

On November 6, a legally blind individual filed a complaint against the NBA, alleging a violation of the Americans with Disabilities Act and seeking a permanent injunction requiring the NBA to (i) implement corporate policies...more

Advertising Law - November 2015 #2

It’s a FACT(A): Record Deals Reached Under the Statute - Two record-setting deals were recently reached in Fair and Accurate Credit Transaction Act (FACTA) cases, where the Laboratory Corporation of America and Spirit...more

DMCA Loosening the Reins for Education

You may know the Digital Millennium Copyright Act (“DMCA”) from the widely deployed DMCA take-down notices that copyright owners use to remove putatively infringing content from the Internet. Enacted in 1998, the DMCA is...more

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