Copyright Infringement

News & Analysis as of

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

California Jury Finds “Blurred Lines” Infringed “Got to Give It Up”: Society’s Mixed Signals on Copying and Intellectual Property...

On Tuesday, March 10, 2015, a California federal jury returned a verdict finding that Robin Thicke and Pharell Williams had copied Marvin Gaye’s 1977 song “Got to Give It Up” when writing Thicke’s 2013 hit, “Blurred Lines.”...more

Vil v. Poteau - USDC, D. Massachusetts, March 3, 2015

District court awards summary judgment to defendant organization and its board against former vice president, finding that plaintiff did not establish genuine issue of material fact as to his copyright claim because he failed...more

“Blurred Lines” but Clear Verdict: Jury Awards Gaye Estate $7.3 Million in Damages for Copyright Infringement

In a verdict on March 10, a Los Angeles federal jury decided “Blurred Lines,” written by Robin Thicke and Pharrell Williams, substantially borrowed from Marvin Gaye’s 1977 classic “Got To Give It Up” without permission. As a...more

Data for the Taking: Using Website Terms and Conditions to Combat Web Scraping

Is it stealing to take data without permission from a public website, or is it simply making use of resources that are made available to you? “Web scraping” or “screen scraping” is the practice of extracting large amounts of...more

Insurance Recovery Law - March 2015

New York Federal Court Rejects Insurer’s Request for Recoupment - Why it matters: The federal court, applying New York law, held that an energy drink manufacturer’s advertising coverage claim—arising from underlying...more

Jury Finds Singers, Robin Thicke and Pharrell Williams, Owe $7.4M for Copyright Infringement

On March 10, 2015, a California federal jury awarded Marvin Gaye’s children nearly $7.4 million after deciding that pop stars, Pharrell Williams and Robin Thicke, copied Gaye’s 1977 song, “Got to Give It Up,” in writing their...more

New Copyright Case Highlights Issues Relevant to Photographers

Photographers are often disturbed to find that they are without a meaningful remedy when their work is infringed, because they didn’t register the copyright in their photographs....more

The Lines Just Got Blurrier for Musicians

I have previously discussed the Marvin Gaye and Robin Thicke/Pharrell Williams copyright dispute over the song “Blurred Lines”. Earlier this week, matters got considerably worse for the funk duo: a jury found that “Blurred...more

Can A House Be An Advertisement? The 5th Circ. Thinks So

In the world of general liability insurance policies, it is not uncommon for policies to exclude coverage for claims resulting from copyright or trademark infringement, while covering claims resulting from “advertising...more

Default Is In Our Stars: Allegedly Overreaching Copyright Claimants Fail to Show

Taking legal action to enforce a copyright is often an expensive proposition so, before you go down that road, you better make sure you own the copyright in question. But what if you have already initiated copyright...more

Three Point Shot - February 2015

Will Johnny Be Good, or Will Name Games Go up in Flames? Johnny Gaudreau, left wing for the Calgary Flames, is attempting to high-stick potential interlopers by locking up rights to his now-popularized nickname – Johnny...more

The Blurred Lines of an Infringement Action

Many of you may be familiar with the pop hit “Blurred Lines” by Robin Thicke, Clifford Harris, more popularly known as T.I., and Pharrell Williams (the “Composers”). If it does not sound familiar by title, perhaps you may...more

Foster v. Lee - USDC, S.D. New York, February 25, 2015

Plaintiff Lelanie Foster, a freelance photographer, conducted a photo shoot for JJ Eyelashes, a business that produces silk eyelash extensions and owns several salons at which those eyelashes are made available for sale and...more

With Highly Anticipated Copyright Decision, The AutoHop Litigation Is Coming to a Close

In 2012, DISH Network announced two novel product offerings that would result in considerable backlash from the four major broadcast television networks and set in motion a three-year, wide-ranging, multi-front battle with...more

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