Copyright Infringement

News & Analysis as of

DISHing it out with the Fox: How the Second Screen Has Survived Fox’s Copyright Attacks

January’s Central District of California ruling on Fox Broadcasting’s claims against the DISH Network clarifies some of the ambiguity surrounding second screen cross-device programming distribution and copyright infringement....more

Carta de Error! Copyright Takedown Notice To iTunes May Give Rise to Misrepresentation Liability

Section 512(f) of the Digital Millennium Copyright Act makes parties who issue copyright takedown notices liable for any “knowing” misrepresentations in those notices. However, the Ninth Circuit in Rossi v. Motion Picture...more

Design meets 3D Printing!

This week in Milan everything is about design. Recently, 3D printing generated a lot of interest in the design industry, allowing any user to manufacture small batches of identical copies of an object at a low cost....more

Online Infringement & Norwich Orders: Best Practices

When a copyright owner suspects online infringement, but lacks evidence of the identity of the alleged infringers, it can seek an order to disclose those details. Canadian law is clear that “A court order is required in every...more

Britto v. Apple: Utilizing the IP Kitchen Sink

Can an artist’s particular style of art constitute both copyrightable expression and trade dress? Brazilian artist Romero Britto has filed suit against two artists known as “Craig & Karl” for copyright infringement —...more

Browsewrap Agreement Wraps up Copyright Infringement Case for Defendant

Those rarely-read “Terms and Conditions” on websites can have real teeth. In a case suggesting that posters beware, a District of Massachusetts court recently concluded that a website’s Terms and Conditions caused ownership...more

“Raging Bull” Settles but Its Repercussions Persist

The United States Supreme Court’s decision in Petrella v. Metro-Goldwyn-Mayer, Inc., et al., 134 S. Ct. 1962 (U.S. 2014) delivered a clear message to copyright holders and those who wish to capitalize on those copyrights. The...more

Belgium: Even a world famous painter needs to respect copyrights

The well-known Belgian painter Luc Tuymans has based his painting ‘A Belgian Politician’ on a picture of the Belgian right-wing politician Jean-Marie Dedecker that was made by the professional photographer Katrijn Van Giel,...more

Australia: Dallas Buyers Club LLC obtains customer identities from ISPs in landmark piracy ruling

On Tuesday 7 April 2015, a single Federal Court Judge ordered six internet service providers (ISPs) to hand over the names and identities corresponding to approximately 4,700 unique IP addresses, which have allegedly...more

Jury Sees a Clear Line – Pharrell, Thicke Crossed It

Pharrell Williams, famous for singing about how “Happy” he is, might be changing his tune these days. On March 10, a federal jury found him and fellow pop star Robin Thicke liable for copying Marvin Gaye’s popular song “Got...more

Sports, Media and Entertainment Intelligence - April 2015 (Global)

FILM AND TV - Australia: ACMA's broad powers to hold media accountable confirmed by High Court - The High Court has confirmed that the Australian Communications and Media Authority (ACMA) has the power to declare that a...more

Playing with House Money: Fifth Circuit Holds that Home Designs Can Constitute Advertisements

Insurers – who bear the burden of crafting unambiguous policy language defining the contours of coverage – constantly face difficulty in attempting to predict unexpected liability. And sometimes, Courts can make this job far...more

The CJEU tells us “More” on live broadcasting

An interesting ruling on live streaming of sports events has been issued by the Court of Justice of the EU (CJEU) in the C More Entertainment AB v Linus Sandberg case on 26 March 2015 (C-279/13). ...more

TufAmerica v. Diamond - USDC, S.D. New York, March 24, 2015

TufAmerica v. Diamond - USDC, S.D. New York, March 24, 2015 - District court awards summary judgment to defendants, members of the Beastie Boys, holding that plaintiff did not have standing to file suit for...more

ITV & Others v TVCatchUp: In the latest instalment in this long running dispute, the UK courts have again referred this case to...

TVC operates an internet-based live stream service, carrying a number of broadcasters’ channels. ITV, Channel 4 and Channel 5 issued proceedings against TVC in relation to the unauthorised transmission of both their public...more

UK: Intellectual Property Office publishes advice on exhibition of copyright protected works

On 24 March 2015, the UK Intellectual Property Office published “Copyright notice: public exhibition of copyright works”, a notice aimed at libraries, museums, galleries and other institutions who may wish to exhibit works...more

Is Fox News Proposing a New Standard For Determining Fair Use?

North Jersey Media Group Inc. is the copyright owner of the iconic photograph of three firefighters raising an American flag at the ruins of the World Trade Center on September 11, 2001. ...more

Murakami-Wolf-Swenson, Inc. v. Cole - USDC, D. Oregon, March 18, 2015

District court holds defendants willfully infringed plaintiff’s copyright in animated film, finding defendants acted recklessly by manufacturing film without searching Copyright Office’s records, and by concluding that film...more

Tempest Publishing, Inc. v. Hacienda Records and Recording Studio, Inc. - USDC, S.D. Tex., March 18, 2015

Texas district court holds that independent recording studio willfully infringed copyright in plaintiff’s musical composition, finding defendant’s four-year delay in seeking post-recording license did not conform with...more

Blurred Rights

You may, like me and hundreds of others, have had the “Blurred Lines” verses: “I know you want it, You’re a good girl, You’re far from plastic, Talk about getting blasted, I hate these blurred lines,” stuck in your head. And,...more

Recent Developments in Copyright: Blurred Reasoning and I Won't Back Down Until You Stay with Me

The jury's March 10th verdict in the "Blurred Lines" case has understandably generated a significant amount of interest and attention from the public, and has also led to differing opinions from legal experts as to whether...more

The Pirate Bay blocked in Portugal

A recent Intellectual Property Court decision in Portugal determined that the main telecommunications operators have until the end of March to block the access of its users to The Pirate Bay domains, either through its main...more

Allocation of Copyright Damages for Co-Owners - In re Isbell Records, Inc.

Addressing for the first time the issue of whether a partial owner of a copyright can be awarded infringement damages for his co-owner’s share, the U.S. Court of Appeals for the Fifth Circuit determined that a partial...more

The Basics of Copyright Law: Just Enough Copyright for People Who Are Not Attorneys or Intellectual Property Experts

You have been helping a client set up her consulting business for failing bookstores (Speak Volumes Recovery Group), and she mentions that she has developed a PowerPoint presentation and hand-outs for use in their seminars....more

First-Ever Award of “Any Damages” for Fraudulent DMCA Takedowns Under Section 512(f)

Under section 512(f) of the Digital Millennium Copyright Act (DMCA), copyright owners are liable for “any damages” stemming from knowingly false accusations of infringement that result in removal of the accused online...more

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