News & Analysis as of

Appeals Public Performance Rights

McDermott Will & Emery

Unhappy Together: No Right of Public Performance under California Copyright Law

Addressing for the first time whether California law establishes a right of public performance for the owners of pre-1972 sound recordings, the US Court of Appeals for the Ninth Circuit found no such right for music and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update – November 2019

Main Quest: Does Your Gaming Stream Violate the Copyright Act? Streaming platforms, such as Twitch, Mixer and YouTube Gaming, are quickly becoming household names, with daily viewership rates that rival those of more...more

Eversheds Sutherland (US) LLP

Not-So-Golden Oldies - Florida’s Top Court Denies Turtles' pre-1972 Copyright Claim

In a unanimous October 26, 2017, decision, the Supreme Court of Florida concluded that Florida common law does not recognize an exclusive right of public performance in pre-1972 sound recordings. Thus, members of the band,...more

Brooks Pierce

Music Performing Rights Organizations and the “Full-Work” vs. “Fractional” Licensing Dispute: Government Seeks to Overturn...

Brooks Pierce on

On Thursday, the United States filed its brief (link is external)in its appeal of a decision by the district court for the Southern District of New York (link is external), which rejected the US Department of Justice’s...more

McDermott Will & Emery

No Common Law “Public Performance Right” for Broadcast of Pre-1972 Recordings

The US Court of Appeals for the Second Circuit agreed with the New York Court of Appeals that there is no New York State common law “right of public performance” for pre-1972 recordings that is equivalent to federal copyright...more

Akerman LLP - Marks, Works & Secrets

NY Common Law Does Not Provide Creators With Control Over Public Performances of Pre-1972 Sound Recordings

On December 20, 2016, the New York Court of Appeals (New York’s highest court) issued a landmark state copyright law decision, holding in response to a certified question from the Second Circuit in Flo & Eddie, Inc. v. Sirius...more

King & Spalding

Intellectual Property Newsletter - July - August 2015

King & Spalding on

Protecting Trade Secrets in the Era of the Data Breach - The prevalence of data breaches cannot be ignored. New data breaches continue to occur one after an-other. In the first half of 2015 alone there were reports of...more

Morrison & Foerster LLP - Social Media

Ninth Circuit to Reconsider the Curious Copyright Case Requiring YouTube to Take Down All Copies of Anti-Islamic Film

Earlier this year, Socially Aware noted a peculiar decision out of the Ninth Circuit Court of Appeals holding that an actress owns a copyright interest in her five-second performance in a film and thus could demand the...more

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