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.
News & Analysis as of

Beme, or BeHBO / BeShowtime / BePayPerView?

It has been a tumultuous year for copyright owners. The old cliche is “if you love something, set it free,” but it seems plenty of third parties are happy to take on that task when it comes to copyrighted content....more

Georgia Becomes the First State to Mount a Direct Challenge Against Unauthorized Publishing of Annotated Code

In what has already become news in the copyright community nationwide, the State of Georgia has launched a legal campaign against Public.Resource.org, Inc., a California non-profit corporation that dedicates itself to...more

“California Gurl” Katy Perry Not Subject to Personal Jurisdiction in Missouri

The Eastern District of Missouri recently dismissed copyright infringement claims against pop-star Katy Perry, rapper Juicy J, and other individuals for lack of personal jurisdiction, in Marcus Gray p/k/a Flame v. Katheryn...more

Harry Potter Lawsuits And Where To Find Them

On July 31, 2015, Harry Potter author J.K. Rowling celebrates her 50th birthday, according to muggle sources. The enormous success of Rowling’s literary creation and its associated multimedia empire has spawned countless...more

Will Lenz v. Universal Make Online Copyright Enforcement More Challenging for Copyright Owners

Pending before the 9th Circuit is a case which may change the landscape for online copyright protection. The case, Lenz v. Universal, may make it more difficult for copyright owners to protect against infringement in today’s...more

Cisco Takes Foreign Corporations to School in Ex Parte Applications for Restraining Orders

Two recent orders from the District of Connecticut demonstrate that the element of surprise continues to be an effective, and sometimes necessary, factor in copyright litigation. The June 26, 2015 orders issued by the...more

Fox Television Stations, Inc. v. FilmOn X, LLC - USDC, C.D. California, July 16, 2015

District court holds that Internet television streaming service is eligible for compulsory licenses under § 111 of Copyright Act because it meets requirements of definition of “cable company” and Copyright Act does not...more

Fifth Circuit Revisits Copyright Preemption of Trade Secret Law

The United States Court of Appeals for the Fifth Circuit recently revisited the issue of the Copyright Law preemption of trade secrets claims in Spear Marketing, Inc. v. Bancorpsouth Bank. The decision not only resolved the...more

Private Copying Exception – Now You See It, Now You Don’t!

The High Court has quashed the Personal Copies for Private Use Regulations (the Regulations)2 which amended the Copyright, Designs and Patents Act 1988 (the Act) to introduce section 28B, with prospective effect. This follows...more

Jay Z Awarded Attorneys’ Fees After Routing Plaintiff In Copyright Lawsuit: Now Plaintiff Has $253,409.99 Problems For Bringing...

On July 17, 2015, Judge Schofield sitting in the Southern District of New York awarded defendants Shawn Carter (a/k/a Jay Z), Roc-A-Fella Records and Roc Nation, LLC (collectively, “Roc-A-Fella”) $253,409.99 in attorneys’...more

Litigation and Dispute Resolution in Canada

This Guide provides an introduction to Canada’s civil litigation and dispute resolution system. It describes the procedures followed in Canada’s civil courts and administrative tribunals, and discusses alternatives to dispute...more

European M+A News, Summer 2015

IP Pitfalls in Tech M&A Transactions - Technology and IP-driven deals accounted for over 30 percent of M&A deal volume in Europe in 2014. This trend is bound to continue, with many deals involving strategic or financial...more

The “Oracle” Predicts It: Supreme Court Declines to Hear Landmark Software Copyright Case

The U.S. Supreme Court declined to grant certiorari in the case of Google, Inc. v. Oracle America, Inc., a closely watched case regarding the eligibility of software for copyright protection. The Supreme Court’s decision...more

How Can You Safely Discuss Your IP with Others?

As discussed in our previous posts, startups are about capitalizing on ideas, contacts and experience. In the early stages of a startup or pre-startup, founders often socialize their business plan and details about their idea...more

Themanummer: Openbaarheid Van Publiek Bekostigde Informatie en het Auteursrecht

We hebben er niet naar gezocht, het is ons in de schoot geworpen: een themanummer. ‘Open overheid’ en ‘open access’, die twee onderwerpen hebben alleen nog een ver- bindende redactionele inleiding nodig en voilà:...more

Guide To Doing Business In New Zealand: Intellectual Property (Updated)

INTELLECTUAL PROPERTY - There are a variety of laws dealing with the protection of intellectual property in New Zealand. These laws permit the creation of legal rights to the exclusive use or ownership of copyright...more

60s On 6; Sirius Trouble

SiriusXM Radio operates both satellite and internet radio, broadcasting many stations for every musical taste. Its Channel 6 features music from the 60s and called 60s on 6. In September 2014, Judge Philip Gutierrez in the...more

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

FILM AND TV - HUB FOCUS: Recent TV trends in Germany - Our global Media, Sport & Entertainment HUB provides insights into various legal and commercial issues impacting on this space. As part of our HUB FOCUS series, we...more

Copyright Protection: Differences Between U.S. and Canadian Law

Copyright law protects creative works such as books, paintings, sculptures, songs, and movies. Businesses, nonprofit organizations, and individuals often own a wide variety of copyrights. Sometimes a copyright owner will not...more

IP Law Tracker Docket Review

Each month, we review significant intellectual property decisions from the U.S. Court of Appeals for the Sixth Circuit and the U.S. District Courts for the Eastern District and Western District of Michigan. Below is the...more

June Court Decision Round-Up

JDS Technologies, Inc. v. Avigilon USA Corp., Case No. 15-10385, 2015 WL 3603525 (E.D. Mich. June 5, 2015) - U.S. District Judge Avern Cohn denied Avigilon’s motion to dismiss for failing to adequately plead allegations...more

Owners of Celebrity Fan Sites Still in the Spotlight for Copyright Liability Without DMCA Safe Harbor

The Southern District of New York recently stressed the importance for internet service providers (“ISPs”) to comply with “safe harbor” requirements of the Digital Millennium Copyright Act (“DMCA”) in order to be shielded...more

16 Casa Duse, LLC v. Merkin - USCA, Second Circuit, June 29, 2015

In matter of first impression, Second Circuit affirms ruling that director does not own copyright interest in film that he directed, because his creative contributions were inseparable from and integrated into...more

The European Commission's Digital Single Market Strategy and its impact on your business

The Strategy contains several key actions under three pillars and the Commission will set out to make a number of relevant legislative proposals in this regard. As a first step to implement the Strategy, also on 6 May 2015,...more

A Plea to Interactive Websites: Check Your Copyright Agent Designations or Prepare to Face Liability for Your Users' Content

On June 30, 2015, a New York court provided a good excuse for anyone with an interactive website to double-check that its copyright agent designations with the U.S. Copyright Office are complete and accurate. Don’t know what...more

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