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Burden of Proof Copyright Infringement

Venable LLP

Stemming the Tide: Ed Sheeran’s Copyright Victory Brings Changes to Copyright Evidentiary Burden

Venable LLP on

A United Kingdom High Court recently ruled in favor of singer-songwriter Ed Sheeran (Sheeran) in a contentious copyright infringement case over his 2017 song, Shape of You (“Shape”). The Court granted Sheeran’s claim for...more

Morrison & Foerster LLP - Government...

U.S. Navy Breached Implied-In-Fact Software License, Federal Circuit Decides In Bitmanagement

The Federal Circuit handed a substantial victory to Bitmanagement Software GMBH last week, finding the U.S. Navy had infringed the company’s copyright by installing its three-dimensional visualization software on hundreds of...more

WilmerHale

Ninth Circuit Watch: En Banc Court Overturns Rule That a High Degree Of Access to Copyrighted Material Reduces Plaintiff's Burden...

WilmerHale on

On March 9, 2020, the en banc U.S. Court of Appeals for the Ninth Circuit unanimously held in Skidmore v. Led Zeppelin that a copyright defendant’s “high degree of access” to a copyrighted work does not lower the plaintiff’s...more

Knobbe Martens

Aloha, Copyright Infringement

Knobbe Martens on

On October 23, 2018, Rube P. Hoffman, a California textile manufacturer known for their Hawaiian prints and aloha shirts, filed a copyright infringement suit in the Central District of California against Zara USA, Inc., one...more

Morrison & Foerster LLP

MoFo IP Newsletter - August 2016

Supreme Court Abolished Federal Circuit's Test for Willfulness - On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s...more

Wilson Sonsini Goodrich & Rosati

Second Circuit Extends DMCA Safe-Harbor Protection to Pre-1972 Sound Recordings, Clarifies Scope of Exceptions for Willful...

On June 16, 2016, the U.S. Court of Appeals for the Second Circuit issued its long-awaited decision in Capitol Records, LLC v. Vimeo, LLC, No. 14-1048 (2d Cir. 2016). First, the Second Circuit held that the "safe harbor"...more

McDermott Will & Emery

Party Raising “First Sale” Defense to Copyright Infringement Bears Initial Burden of Proof - Adobe Systems Inc. v. Christenson et...

McDermott Will & Emery on

Addressing the appropriate allocation of the burden of proof related to the “first sale” defense to copyright infringement, the U.S. Court of Appeals for the Ninth Circuit confirmed that the initial burden of proof falls on...more

Weintraub Tobin

Copyright Infringement and the First Sale Defense

Weintraub Tobin on

The Ninth Circuit’s recent decision in the case of Dolby Systems, Inc. v. Christenson, focuses primarily on the issue of which party bears the initial burden of proof with regard to a “first sale” defense in a copyright...more

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