News & Analysis as of

Copyright

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.

So You Just Invented the Best Product the World Has Ever Known

by Miller & Martin PLLC on

You spent all this time creating the perfect product and, in order to make your startup viable, you need to get the product to market. But what have you done to protect this lifeline of your new business?...more

Copyright Infringement on a Website: the Risks of Scraping and Framing

by Field Law on

If photos are available on the internet, then… they’re free for the taking, right? Wait, that’s not how copyright law works? In the world of copyright, each original image theoretically has an “author” who created the...more

New Safe Harbor Requirement to Maintain Immunity from Copyright Infringement

by Stinson Leonard Street on

Online Service Providers Re-File Your DMCA Agent Designations to Prevent Expiration - If your company has a website that allows third parties to post any kind of content (text, pictures or video), then it may be liable...more

The Kardashians Can’t Keep up with Copyright Law

Khloe Kardashian is the latest Kardashian to find herself in court over her activities on social media. The youngest Kardashian sister was sued by a photographer for copyright infringement in Xposure Photos UK Ltd v Khloe...more

No Laughing Matter – O’Brien Forced To Stand Trial In Stolen Jokes Lawsuit

by Fox Rothschild LLP on

TBS comedian and late-night talk show host Conan O’Brien was given good reason to frown Monday when a federal judge denied summary judgment as to three of the five jokes comedy writer Alex Kaseberg claims O’Brien and his...more

Modified set-top boxes and copyright infringement – where do we stand?

by Dentons on

In an important decision for rights holders everywhere, on 26 April 2017, the European Court of Justice (CJEU) ruled that the sale of multimedia devices that have been modified to allow end users to stream pirated content is...more

A Multi-Layered Approach to Packaging Protection

by Ladas & Parry LLP on

The way in which a product looks or how it is packaged and sold can often be a driving force in the consumer’s purchasing decision. Yet, the intellectual property rights available for product designs and packaging are...more

Important Open Source Ruling Confirms Enforceability of Dual-Licensing and Breach of GPL for Failing to Distribute Source Code

A recent federal district court decision denied a motion to dismiss a complaint brought by Artifex Software Inc. (“Artifex”) for breach of contract and copyright infringement claims against Defendant Hancom, Inc. based on...more

No Compulsory License for Internet Retransmissions of Broadcast TV

by McDermott Will & Emery on

Reversing the district court’s partial grant of summary judgment in favor of an internet streaming service, the US Court of Appeals for the Ninth Circuit relied on the US Copyright Office’s interpretation of § 111 of the...more

Top 7 Reasons Why Websites Need a DMCA Agent

by Jaburg Wilk on

The Digital Millennium Copyright Act (DMCA) provides copyright protection and some limitations of liability for online copyright infringement if safe harbors are used. It governs the majority of US-based websites and...more

CJEU to rule on press publishers’ neighbouring right

by Hogan Lovells on

With decision of 8 May 2017, the regional Court of Berlin referred to questions for preliminary ruling to the Court of Justice of the European Union (CJEU). The court is concerned whether the rules on the press publishers’...more

Digital Copyright Ruling Creates New Vulnerabilities for Moderated Online Platforms

by Reed Smith on

A recent federal appeals court decision may lead online platforms that post user-generated content filtered by moderators to think twice before posting copyrighted material. In Mavrix Photographs, LLC v. LiveJournal, Inc.,...more

EU Competition Newsletter - May 2017

by Bryan Cave on

We have followed over the last years Europe grappling with the issue of most favoured nation clauses and hotel booking. Our last update regarded a joint monitoring project between the CMA and the European Commission, designed...more

CJEU to rule on press publishers' neighbouring right

by Hogan Lovells on

With decision of 8 May 2017, the regional Court of Berlin referred to questions for preliminary ruling to the Court of Justice of the European Union (CJEU). The court is concerned whether the rules on the press publishers’...more

Urban Outfitters Hit with Willful Copyright Infringement

On April 4, 2017, the Ninth Circuit ruled that Urban Outfitters and Century 21 (collectively “Urban”) were liable for willful infringement of a copyrighted fabric design owned by Unicolors Inc. Unicolors is a Los Angeles...more

You’ve Gotta Keep ‘Em Separated

by Foley & Lardner LLP on

The US Supreme Court’s ruling in Star Athletica v Varsity Brands provides a path to copyrightability for pictorial or graphical elements of clothing designs and useful articles. Laura Ganoza and Julie McGinnis of Foley &...more

Give Me an E: Cheerleading Uniform Designs Eligible for Copyright Protection

by McDermott Will & Emery on

In a 6–2 decision authored by Justice Thomas, the Supreme Court of the United States provided guidance as to whether aesthetic designs of a cheerleading uniform, such as stripes, chevrons, zigzags and color blocks, are...more

Digital Single Market: Commission takes stock at halftime

by Hogan Lovells on

The European Commission is taking stock of what has been accomplished regarding its Strategy for a Digital Single Market. Two years ago, on 6 May 2015, Commissioners Oettinger and Ansip announced their strategy to create a...more

Entertainment Litigation Update - May 2017

Ninth Circuit Confirms That “Volitional Conduct” Is Still Required for Direct Copyright Infringement Post-Aereo. Earlier this year, in Perfect 10, Inc. v. Giganews, Inc., 847 F.3d 657 (2017), the Ninth Circuit re-affirmed...more

Third verse same as the first - Will Richard Prince’s transformation defense work yet again?

by Thompson Coburn LLP on

Take a copyrighted photograph of Sonic Youth bass player Kim Gordon, crop it, and add an Instagram border and a few words of text and emojis. Have you “transformed” it sufficiently to avoid copyright infringement? And is it...more

Annotations to Georgia’s Legal Code Are Protected By Copyright

by Reed Smith on

The state of Georgia and the Code Revision Commission achieved a victory when a federal court granted their motion for summary judgment, holding that Georgia’s “Official Code of Georgia Annotated” (OCGA) was protected by...more

10 Trademark Cases About Yo Mama

Anna Jarvis led the efforts to establish the first official celebration of Mother’s Day in 1908, during which she honored her own mother, Ann Maria Reeves Jarvis, a Civil War-era social activist. But about a dozen years after...more

5th Circuit: ISP Not Liable for Infringement Due to Lack of Volitional Conduct, Despite Ineligibility for DMCA Safe Harbor

The Fifth Circuit Court of Appeals recently considered in BWP Media USA, Inc. v. T&S Software Associates, Inc. whether volitional conduct is required to establish a claim for direct copyright infringement against an Internet...more

Fearless Girl Must Stay

by Dorsey & Whitney LLP on

In honor of International Women’s Day, State Street Global Advisors installed a statue of a Fearless Girl standing in front of Wall Street’s Charging Bull. The statue by artist Kristen Visbal was an overnight sensation,...more

U.S. Trade Representative Issues 2017 Special 301 Report

On April 28th, Ambassador Robert Lighthizer, U.S. Trade Representative (USTR), issued the 2017 Special 301 Report. According to the USTR website, "[t]he 2017 Special 301 Report underscores the Administration's key trade...more

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