Table of Contents
•Dillinger, LLC v. Electronic Arts Inc.
•Murphy v. Millennium Radio Group LLC
Dillinger, LLC v. Electronic Arts Inc., USDC Southern District of Indiana, June 15, 2011
•District Court dismissed plaintiff’s right-of-publicity and unjust enrichment claims related to defendant’s use of John Dillinger name in its videogame series, holding that Indiana’s right-of-publicity statute does not apply retroactively to persons who predeceased the enactment of the statute, and also that the “literary works” exception in the statute covered videogames, but allows plaintiff’s trademark claims to proceed.
Murphy v. Millennium Radio Group LLC, USCA Third Circuit, June 14, 2011
•In an action for copyright infringement and violation of the Digital Millennium Copyright Act, the Third Circuit reverses the district court’s grant of summary judgment in favor of defendant radio station, finding that the station’s removal of a gutter credit from the photograph may be considered removal of “copyright management information” for purposes of the DMCA, and that the stations’ reproduction of the photograph was not protected as fair use.
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