Copyright

Lady Gaga: She’s No (Copyright) Monster

by Anthony Rufo | Foley Hoag LLP - Corporate Social... on 5/20/2013

The federal district court in New Jersey has dismissed Stefani Germanotta, a.k.a. Lady Gaga, from a copyright lawsuit filed by composer and record producer Calvin Gaines. Mr. Gaines alleged in his complaint that his writing...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 17, 2013

by Meg Charendoff, Tal Dickstein, W. Allan Edmiston, David Grossman, Jonathan Neil Strauss, Jonathan Zavin | Loeb & Loeb LLP on 5/17/2013

Righthaven LLC v. Hoehn, USCA, Ninth Circuit, May 9, 2013 - Ninth Circuit affirms district courts’ dismissals of copyright infringement actions holding that entity created solely for purpose of pursuing copyright...more

Who Owns the Rights to “To Kill a Mockingbird”?

by Aaron Kase | Lawyers.com on 5/15/2013

Harper Lee only wrote one book in her life, but what a book. Her classic novel “To Kill a Mockingbird,” published in 1960, spins the tale of a small town attorney who tries to stand up against the forces of racial injustice....more

Intellectual Property and Your Startup (Presentation)

by Scott Cromar, Russell Jeide | Knobbe Martens Olson & Bear LLP on 5/13/2013

Knobbe Martens’ patent attorneys Russell Jeide and Scott Cromar hosted a seminar series on intellectual property basics for Temecula’s business community. This presentation is from the first class giving a basic overview of...more

Cars Lawsuit Runs Out of Gas

by BakerHostetler on 5/9/2013

The United States Supreme Court recently brought final resolution to Mandeville-Anthony v. Walt Disney Co., a dispute over the ownership of Disney and Pixar’s animated movies “Cars” and “Cars 2,” and the spin-off television...more

Entertainment Law Case: TV Makeover Show

by Field Law on 5/9/2013

In Pelchat v. Zone 3 Inc., 2013 QCCS 78, a Quebec court decision has addressed the dichotomy between the idea for a TV show, and the “form and expression” of ideas, as embodied in a TV show. In this case, the defendant Zone 3...more

SCOTUS: “First Sale” Doctrine Also Applies to Copyrighted Works Lawfully Manufactured Abroad

by Todd McCormick | Sedgwick LLP on 5/7/2013

In arguably the most important copyright case of the past decade, the Supreme Court of the United States, in a 6-3 decision, held that the “first sale” doctrine protects the right to import and sell gray market goods. Gray...more

Potential Bad News for UGC Music Sites: Pre-1972 Tracks May Not Be Covered By the DMCA’s Safe Harbor

by Fernando Bohorquez, Jr. | BakerHostetler on 5/6/2013

When you think of “Peggy Sue” by Buddy Holly, “Johnny B. Goode” by Chuck Berry, and “My Girl” by the Temptations, you think classic, iconic, rock and roll. Now, in light of the most recent legal setback against music sharing...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - May 3, 2013

by Meg Charendoff, Tal Dickstein, W. Allan Edmiston, David Grossman, Jonathan Neil Strauss, Jonathan Zavin | Loeb & Loeb LLP on 5/3/2013

- Cariou v. Prince, USCA Second Circuit, April 25, 2013 - Second Circuit reverses summary judgment in favor of photographer on his infringement claims against well-known appropriation artist Richard Prince, holding...more

Spider-Man Lives to Web-Sling (and Sing) Another Day Following Settlement of Copyright Suit

by Anthony Rufo | Foley Hoag LLP - Trademark, Copyright &... on 5/3/2013

After infamously departing (i.e., being fired) from the nascent production of the Broadway musical Spider-Man: Turn Off the Dark, acclaimed stage and screen director Julie Taymor filed suit against the show’s producers. As...more

Carrying on Business in Canada

by Heenan Blaikie LLP on 5/3/2013

In This Publication: - Preface - General Information - Immigration - Investment Factors - Intellectual Property - Principal Forms of Business Entities - Taxation -...more

Can Digital Goods Ever Lawfully Be Resold? A Legal Perspective...

by JD Supra Law News on 5/2/2013

A recent court case in New York highlights the ever-increasing clash between copyright law designed for real-world, physical goods and a modern world embracing all things digital....more

Second Circuit Decision Finds Transformative Use Does Not Require Comment

by Alexandra Wald | Cohen & Gresser LLP on 5/2/2013

On April 25, 2013, the Second Circuit issued its decision in Cariou v. Prince, agreeing with the artist Richard Prince and his gallery, Gagosian, that “the law does not require that a secondary use comment on the original...more

IP Buzz - April 2013

by Therese Finan, Meaghan Hemmings Kent, Jeffrey D. Knowles, Martin Saad, Steven Schwarz | Venable LLP on 5/1/2013

In this issue: - Federal Circuit: Speak Now or Forever Hold Your Appeal - The Federal Circuit Draws the Line on Permissible Changes to Design Patent Claims – Or Does It? - DMCA Safe Harbor Upheld for...more

Copyright remedies: High Court rejects application for proprietary relief

by Stephen Edwards, Nick Swimer | Reed Smith on 5/1/2013

Does a copyright owner have a proprietary claim to property purchased from the proceeds of an infringement of copyright? On 5 February 2013, Mr Justice Newey delivered a detailed judgment in the High Court that provides a...more

The Second Circuit Weighs in on Transformativeness in the Visual Arts

by Christopher Robinson | Davis Wright Tremaine LLP on 5/1/2013

A year after hearing oral argument, the Second Circuit has issued its much anticipated decision in Cariou v. Prince on copyright fair use in the visual arts. ...more

IP Update, Vol. 16, No. 4, April 2013

by Babak Akhlaghi, Sarah Bro, Kenneth Cheney, Bernard Codd, Paul Devinsky, Roozbeh Gorgin, Charles Hawkins, Donna M. Haynes, Sungyong “David” In, John Low, Amol Parikh, Vinu Raj, more +Michael Sardina, Sarika Singh, Joseph Speyer, Rose S. Whelan, Han (Jason) Yu | McDermott Will & Emery on 4/30/2013

Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship - Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more

Admissions of “Appropriation Artist” Not Fatal to Copyright Fair Use Defense

by David Kluft | Foley Hoag LLP - Trademark, Copyright &... on 4/30/2013

The first prong of the fair use defense in copyright infringement cases, the “purpose and character of the use,” is often described as an inquiry into whether the allegedly infringing work is “transformative.” In other words,...more

Spring 2013 Eye on China Newsletter

by Mark Aiello, Andrew S. Baluch, Stephen Bent, James Ewing, Richard Florsheim, Robert Iseman, Robert Lee, Zhu Julie Lee, Song Lin, Chao Meng, Steven Rizzi, Selig Sacks, David W. Simon | Foley & Lardner LLP on 4/30/2013

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 26, 2013

by Meg Charendoff, Tal Dickstein, W. Allan Edmiston, David Grossman, Jonathan Neil Strauss, Jonathan Zavin | Loeb & Loeb LLP on 4/29/2013

- Viacom International v. Google Inc., USDC S.D. New York, April 18, 2013: On remand from the Second Circuit, district court grants summary judgment in favor of Google and its YouTube platform on all copyright...more

Taxation Of Computer Software Sales: Ordinary Income, Capital Gain, Or Both?

by David Blum | Levenfeld Pearlstein on 4/29/2013

The taxation of computer software is complex, confusing, and in some circumstances, uncertain; although self-created computer software is routinely sold today, especially with the significant increase in the number of...more

Yes Rasta! Appropriate Appropriation: Second Circuit Holds That Commentary on Original Work Unnecessary for Fair Use Defense, Only...

by Sheppard Mullin Richter & Hampton LLP on 4/29/2013

In Cariou v. Prince, No. 11-1197-cv (2d Cir. Apr. 25, 2013), an opinion with significant importance for the art world, the U.S. Court of Appeals for the Second Circuit clarified what is required for a defendant’s entitlement...more

Protecting Your Products in Light of the U.S. Supreme Court's Holding That A Copyright Owner Only Controls the "First Sale" of a...

by Farah Bhatti, Philip Nulud | Buchalter Nemer on 4/29/2013

A copyright affords the copyright owner with “exclusive rights”. One such right is “to distribute… copies of [a] copyrighted work”under 17 U.S.C. § 106(3). Under the first sale doctrine, “The owner of a particular...more

Appropriation Art Alive and Well after Second Circuit Ruling in Cariou v. Prince

by Maryanne Stanganelli | BakerHostetler on 4/26/2013

Today, the Second Circuit handed down its much anticipated decision in Cariou v. Prince regarding the legality of appropriation art by artist Richard Prince. Just over two years ago, in federal district court in New...more

State court ruling creates new uncertainty for DMCA safe harbors

by Allie Diamond, Stefan Mentzer | White & Case LLP on 4/26/2013

A New York state court has ruled that a DMCA safe harbor does not protect internet services from claims they infringe pre-1972 sound recordings. The decision, UMG Recordings v. Escape Media Group, creates new uncertainty and...more

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