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.

ALJ Finds Violation in Mobile Device Holders Investigation

by Jones Day on

ALJ Pender’s initial determination in Certain Mobile Device Holders and Components Thereof, Inv. No. 337-TA-1028 (Sept. 12, 2017), finding a violation of Section 337, provides important guidance on what investments count...more

Action Required to Maintain DMCA Safe Harbor Protection

by Coblentz Patch Duffy & Bass on

Parties that operate websites may enjoy immunity from copyright liability for the infringing posts of their users under the terms of the Digital Millennium Copyright Act (“DMCA”). The DMCA offers a “safe harbor” from...more

December 31 Deadline for DMCA Safe Harbor Copyright Agent Designations

by K&L Gates LLP on

All companies that conduct business online should take note of an upcoming deadline for “safe harbor” from copyright infringement liability. Online service providers that allow users to store or post content (essentially, any...more

How John Steinbeck’s Estate Planning Missteps Led to Family Feud and $13 Million Jury Award

When celebrated author John Steinbeck died in the late 1960s, he left a considerable literary legacy that included the classic American novels The Grapes of Wrath, East of Eden, and the novella Of Mice and Men. He also...more

Europe: Blockchain – Practical and legal challenges

by Hogan Lovells on

The increasing digitization of the private as well as economic realm is undeniable. The European Commission is constantly pushing the Digital Single Market forward. In the same breath as the ubiquitous phenomenon of...more

Judge Agrees – YouTube Mockery Protected By Fair Use

by Reed Smith on

Readers may be aware of YouTube celebrity couple Ethan and Hila Klein, better known by their social media moniker @h3h3productions. They rose to Internet fame producing comedic “reaction” videos that ridicule and comment upon...more

“Haters Gonna Hate, Hate . . . .”  Can Taylor Swift “Shake it Off”?

by Brooks Pierce on

On September 18, 2017, songwriters Sean Hall and Nathan Butler filed a lawsuit against Taylor Swift in the United States District Court for the Central District of California. Hall and Butler are the co-authors of the 2000...more

Whoomp! There It Is: A Copyright Judgment Creditor’s Final Recovery

by Dorsey & Whitney LLP on

24 years after Tag Team’s hit song “Whoomp! (There It Is)” topped the charts, a long and ugly dispute regarding ownership rights to the song and related copyright infringement damages has been settled in bankruptcy court. The...more

Financial Services Quarterly Report - Third Quarter 2017: Luxembourg Developments

by Dechert LLP on

Luxembourg recently has taken a number of actions in connection with the transposition or implementation of various EU directives and regulations, respectively, into national law. The Luxembourg government deposited a bill of...more

Two End-of-Year Federal Government Deadlines Approaching

by McNair Law Firm, P.A. on

Significant Changes to Online Copyright (DMCA) Safe Harbor and DoD Contractor Cybersecurity (NIST 800-171) Requirements Take Effect at the End of This Year. Important Change Affecting Digital Millennium Copyright Act...more

Copyrighting Design Elements of a “Useful Item”: Lessons From Star Athletica

by Revision Legal on

In general, no copyright protection is available for the design of something that is “useful.” “Useful” is defined by the Copyright Act as something with “an intrinsic utilitarian function that is not merely to portray the...more

9th Circuit debates “Blurred Lines” verdict

Bill Hochberg was quoted in a Daily Journal article about the “Blurred Lines” case currently on appeal before the 9th Circuit. At the hearing held October 6th, the three judges appeared to be skeptical about overturning the...more

DSM Watch: JURI once again postpones final vote on new copyright directive

by Hogan Lovells on

The European copyright reform is underway. The heart of this process clearly is the draft for a Directive on Copyright in the Digital Single Market (COM 2016(593) final)....more

Copyright Office to DMCA service providers

by Dentons on

One of the best-known benefits of the Digital Millennium Copyright Act (DMCA) is the safe harbor from copyright infringement liability that it provides "online service providers", broadly defined in the statute as any...more

PTAB Disqualifies Reference for Failure to Show Public Accessibility

by Jones Day on

The PTAB’s recent final written decision denying a finding of unpatentability in ABS Global, Inc. v. Inguran, LLC, Case IPR2016-00927, Paper 33 (PTAB Oct. 2, 2017) highlights the importance of obtaining affidavit evidence to...more

Last Call: Your Q4 DMCA Agent Designation Reminder

by Jackson Walker on

We are only three months away from the December 31, 2017 deadline for websites and other online service providers to redesignate their DMCA agents under the U.S. Copyright Office’s new online registration system. This is an...more

December 31st Deadline to Re-Register a DMCA Designated Agent

by Miles & Stockbridge P.C. on

Online service providers have until December 31, 2017, to re-register a designated agent with the Copyright Office if they want to remain eligible for protection from copyright infringement liability under the Digital...more

Fashion Design Copyright Infringement Victory - BB&K Partner Henry Welles Wins Fashion Industry Clothing IP Case

by Best Best & Krieger LLP on

A fashion clothing industry copyright infringement appeal was won by Best Best & Krieger LLP Partner Henry Welles, who represented Natural Fashions, Inc., which does business as Anu. The case was originally brought in federal...more

In Case You Missed It: Launch Links - September, 2017 #4

by WilmerHale on

Some interesting links we found across the web this week: Startup Valuation 101: The Problem of Going Too High or Too Low - As this quick read from Inc42 makes clear, startup valuations are always more art than...more

Can Cloned Video Games Survive the Battle Royale?

Cloning is the process of creating a video game that is significantly motivated or inspired by an existing popular video game or series. Developers have been cloning popular video games since the 1980s, including Tetris,...more

German Federal Court Rules On Google’s Image Search – Thumbnails III

by Hogan Lovells on

On 21 September 2017, the Federal Court of Justice (Bundesgerichtshof – BGH) handed down a judgment of utmost importance for the exploitation of copyright on the Internet. It will become known and referred to under the name...more

Intellectual Property Law - September 2017

Looking Through an IP Lens at Blockchain and Cryptocurrency - Why it matters: With headline news ranging from J.P. Morgan CEO Jamie Dimon and Russian President Vladimir Putin to the Winklevoss twins and Floyd “Money”...more

“Uptown Funk” Facing Copyright Allegation by 80s Funk Band

by Robins Kaplan LLP on

Same song, different lawsuit. Music producer Mark Ronson is battling another lawsuit over his hit single, “Uptown Funk,” this time, accusing him of using elements of Zapp & Roger’s (“Zapp”) 1980 funk track, “More Bounce to...more

Fair use is never simple

by Thompson Coburn LLP on

To secure evidence for an anticipated lawsuit against TV host Dr. Phil McGraw, a producer for the show, Leah Rothman, recorded nine seconds of the show’s unaired archive footage onto her cellphone....more

Sued for Retweeting – Yes, That Just Happened

by Dorsey & Whitney LLP on

On Monday this week, a sports psychologist named Keith Bell sued King’s College in Pennsylvania and its football coach, Jeffery Knarr, for retweeting a photo of a page of Dr. Bell’s book “Winning Isn’t Normal.” In his...more

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