Copyright Infringement

News & Analysis as of

European Court Of Justice: Linking To Playboy Pics May Infringe Copyright

On September 8, 2016, the European Court of Justice rendered a controversial decision in GS Media v. Sanoma Media, which has been acclaimed by copyright holders and heavily criticized by internet companies....more

Copyright Alert: The European Union Exposes Websites to Copyright Liability for Linking to Infringing Material of Third Parties

The Court of Justice of the European Union ruled on September 8, 2016 that websites that merely link to infringing material (instead of copying it) can be liable for copyright infringement. If this decision, GS Media BV v....more

Copyright and Trademark Case Review: RunDMC, Stem Cells and Pirates

Copyright Opinions - Unauthorized Copying Not an Element of Prima Facie Infringement Case: Ali v. Final Call, Inc., No 15-2963 (7th Cir. Aug. 10, 2016) - Wood, J. In a suit alleging copyright infringement through...more

Advanced Copyright Issues on the Internet

During recent years, the Internet has become the basic foundational infrastructure for the global movement of data of all kinds. With continued growth at a phenomenal rate, the Internet has moved from a quiet means of...more

Copyright Claim against Beyoncé Gets Bounced in Scène à faire Tour de Force

R&B sensation Beyoncé can go back to promoting her album Lemonade now that a federal court held that a copyright claim against her was nothing but a lemon. While the decision may seem a bit tart to the plaintiff, it is a...more

Piracy Pays (The IP Owner) – Judge Whyte Grants Motion for Default Judgment After Awarding Sanctions in Unauthorized Software...

Order Granting Motion for Default Judgment, Adobe Systems Inc. v. Software Tech, et al., Case No. 5:14-cv-02140-RMW (Judge Ronald M. Whyte) - Everyone in the software field (and probably every computer user) is familiar...more

ITV & Others v TVCatchup – Advocate General’s opinion makes light work of Court of Appeal’s uncertainty as to the meaning of...

In the previous installment of this dispute, the UK Court of Appeal (CA) referred questions to the Court of Justice of the European Union (CJEU) on the meaning of the expression ‘access to cable of broadcasting services’ used...more

Bozo’s Flippity-Flop and Shooting Stars: A Cautionary Tale About Rights Management

If you’ve ever taken piano lessons then titles like “Bozo’s Flippity-Flop”, “Shooting Stars” and “Little Elves and Pixies” may be familiar. These are among the titles that were drawn into a recent copyright infringement...more

“The Man Who Brought the Beatles to America” is Bringing Them Back…to a U.S. District Court

Sid Bernstein was a legendary promoter and producer of iconic rock-and-roll performers including the Rolling Stones, the Moody Blues and, of course, the Beatles. Bernstein earned his moniker as “The Man Who Brought the...more

Copyright Plaintiffs Keep Trying to Topple Empire. Can Proto-Cookie Succeed Where Others Failed?

Just in time for the Season 3 premiere, let’s take a look back at Empire’s year in IP litigation. Like the fictional Lyon family, which is constantly beset by threats from Feds, old criminal connections, and music...more

EU Court Holds That Hyperlinks Can Infringe Copyright

In a landmark decision that departs from previous case law, the Court of Justice of the EU, the highest court of the EU, held that a website operator that posts hyperlinks to another site that contains copyright materials...more

Pay Now or Pay Later – Challenges Facing Spotify, Tidal, and Other Media Streaming Services Following a Series of Copyright...

Spotify USA Inc. (“Spotify”), the popular music streaming service with over 100 million active users and 30 million paying subscribers, continues to grow as an industry leader. Spotify launched in 2006 and reached over 20...more

Loomis v. Cornish - USCA, Ninth Circuit, September 2, 2016

Ninth Circuit affirms ruling in favor of Jessie J in a copyright dispute, finding plaintiff Will Loomis failed to establish the recording artist or songwriters of the hit song “Domino” had requisite access to his song “Bright...more

UK Digital Economy Bill

The UK government has published its Digital Economy Bill, intended to lead to a new Digital Economy Act. Although this is not the first time that the UK has produced legislation on the Digital Economy, the timing of the...more

Led Zeppelin Prevails in Copyright Infringement Case: Now on Appeal in Ninth Circuit

In May 2014, the Trust acting on behalf of the estate of Randy Wolfe (a/k/a Randy California) of the rock group Spirit filed a copyright infringement suit against Led Zeppelin related to the first chords in the band’s most...more

Don’t Think About Copyright Law on Labor Day

Labor Day is the wrong time to think about copyright law, especially in 2016, because this year marks the twenty fifth anniversary of the Supreme Court’s decision in Feist Publications v. Rural Telephone Service, 499 U.S. 340...more

Design Patents and Copyrights for Designs on Useful Articles

Two recent cases illustrate the potential benefits of protecting intellectual property rights with both design patents and copyrights, particularly for an article that has both utility and a design, including because a design...more

Rams v. Def Jam Recordings Inc. - USDC, S.D. New York, August 16, 2016

In action brought by photographer and subject alleging unauthorized use of photo on recording artist Jeremih’s album cover, district court denies motion to dismiss contributory and vicarious copyright infringement claims,...more

Bowen v. Paisley - USDC, M.D. Tennessee, August 25, 2016

District court grants summary judgment dismissing copyright infringement suit against country music stars Brad Paisley and Carrie Underwood, and others involved in producing the 2011 hit song “Remind Me,” holding that it was...more

Protect Your Intellectual Property or Else

With an increasingly competitive marketplace challenging traditional business models, protecting intellectual property in the automotive industry has never been more vital. Among a business's most valuable assets are the four...more

Notice and Notice Regime Does Not Change Law for Obtaining Norwich Orders

Unlike many countries which provide an effective “notice and take down” remedy for copyright owners whose works are wrongly posted on internet sites, Canada has implemented a “notice and notice” regime. In Voltage Pictures,...more

Friedman v. Live Nation Merchandise, Inc. - USCA Ninth Circuit, August 18, 2016

Ninth Circuit revives photographers claims of willful copyright infringement against Live Nation Merchandise over Run DMC photograph it used without permission, concluding lower court incorrectly dismissed willful copyright...more

Eggleston v. Daniels - USDC, E.D. Michigan, August 16, 2016

District court refused to dismiss infringement claims alleging creators of TV show “Empire” copied Cookie Lyon character from plaintiff’s memoir, concluding, among other things, that stories with female, African-American...more

All That Glitters is Not Gold For Led Zeppelin’s Claim For Attorneys’ Fees

Legendary rockers Jimmy Page and Robert Plant are probably still flying high over their defense verdict earlier this summer in the “Stairway to Heaven” copyright infringement trial. They may be slightly coming down, though,...more

Points & Authorities - Summer 2016

There Ought to be a Law: Consider This Alternative To Litigation - Government is becoming more intrusive. At the state and federal levels, a host of agencies and departments continuously create new rules for us to live...more

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