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.
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Following loss before the Supreme Court, Aereo "astonishes" broadcasters with new legal strategy

Shortly after its highly publicized loss before the US Supreme Court, which appeared to doom its over-the-air television Internet streaming business, New York-based Aereo has asserted in federal district court that it is...more

Copyright Office: Aereo Likely Not A Cable Company

We previously reported on the Supreme Court’s recent decision on June 25, 2014 that Aereo, Inc.’s internet television service infringed the copyright of the programs being transmitted by the service. In holding that Aereo was...more

Data for the Taking: Using the Computer Fraud and Abuse Act to Combat Web Scraping

“Web scraping” or “web harvesting”—the practice of extracting large amounts of data from publicly available websites using automated “bots” or “spiders”—accounted for 18% of site visitors and 23% of all Internet traffic in...more

Leveyfilm, Inc. v. Fox Sports Interactive Media, LLC

U.S.D.C., Northern District of Illinois, July 8, 2014 - Fox Sports Interactive Media, LLC and related entities obtained summary judgment in copyright infringement action brought by owner of photograph used as album...more

Aereo Loses Battle with Broadcasters Over Online Television Programming

In a highly anticipated decision, the Supreme Court ruled on June 29, 2014 that Aereo Inc.’s online service that broadcasts television programming over the Internet infringed on the exclusive right of television broadcasters...more

Supreme Court Nixes Aereo TV, Holding That Internet Streaming of Broadcast TV to Subscribers Violates Copyright Law

On June 25, 2014, the United States Supreme Court decided ABC v. Aereo, one of the more important (and most closely watched) copyright cases of the digital era. The Court’s 6-3 decision that streaming-TV startup Aereo...more

You’ve Really Got a Hold On Me…and My Copyright?

Seems that someone’s always thinking of you, especially if you’re Smokey Robinson and you’re about to reclaim ownership of popular songs you wrote back in the day, like “I Second that Emotion,” “The Tears of a Clown,” “The...more

Conan Doyle Estate’s Quixotic Attempt to Protect Sherlock Holmes

Led by Judge Richard Posner, the Seventh Circuit Court of Appeals recently refused what Posner called a “quixotic” attempt to extend copyright law. While the holding was perhaps to be expected, the opinion introduced a...more

Copyright As An Online Reputation Management Tool: A Round Hole For A Square Peg

So, how is copyright law doing as an online reputation management tool? We have written many times recently about the use of copyright law to do what defamation law can’t: take stuff down from the internet. A...more

Copyright: Europe Explores its Boundaries - Part 3: “Meltwater” - EU rules that browsing does not need a licence - a victory for...

On 5 June 2014 the European Court of Justice (CJEU) published its decision in the “Meltwater” Case C-360/13, (Public Relations Consultations Association Ltd (PRCA) v Newspaper Licensing Agency Ltd (NLA) and Others). In a...more

Westlaw and Lexis Finally Agree: Providing Copyrighted Legal Briefs To Customers Is Fair Use

Every attorney in the United States understands that West Publishing Corp. (“Westlaw”) and the LexisNexis Group (“Lexis”) are perennial rivals in the electronic legal research field. As such, they don’t agree on much, but...more

Recent SCOTUS Decisions in Intellectual Property Cases

The U.S. Supreme Court heard a landmark number of intellectual property cases during its 2013-2014 term. Below is a summary of recent decisions issued in 2014....more

D.C. Circuit Limits Discovery and Joinder for Downloading "Swarms"

AF Holdings v. Does et al. - Deciding a case that involves issues of discovery and joinder, the U.S. Court of Appeals for the D.C. Circuit addressed issues presented by so-called “copyright trolls” who subpoenaed...more

Architectural Copyrights Should Be Treated No Differently than Other Copyrights

Zalewski v. Cicero Builder Dev., Inc. - The U.S. Court of Appeals for the Second Circuit, in addressing the extent to which architectural works are protectable copyright material and the proper framework for assessing...more

The Very Idea! Federal Circuit Rules Widely Used Java Code Is Copyrightable

A central doctrine in copyright cases is that only expression is copyrightable, not the idea itself. An idea may be expressed in many ways. It might be said, for example, that William Blake, through his mystical visions,...more

Are Internet TV Providers Cable Companies Now?

Last month, in American Broadcasting Companies Inc. v. Aereo, Inc., the Supreme Court ruled that Aereo’s service of streaming broadcast TV over the Internet violated copyrights in the streamed TV shows. Although this ruling...more

At the Crossroads - Brand integration deals involve copyright, trademark, and insurance considerations

At the crossroads of Hollywood Boulevard and Madison Avenue, a variety of legal and business issues must be considered and addressed in order to set the stage for a successful brand integration deal. In the historical...more

Copyright and Forum Shopping

Having been brought up at a time when the humour of Monty Python was influential on a young mind, I can’t help thinking of the ‘nudge, nudge, wink, wink’, sketch when reading about photographs. In the sketch, Eric Idle asks a...more

The Supreme Court's Aereo Ruling: Is the Sky Falling for Cloud Computing?

With the Supreme Court’s Aereo decision finally out, the digital industry is struggling with its impact, if any, on various products and services, particularly with regard to cloud computing. However, the Supreme Court...more

Business Litigation Report -- June 2014

In This Issue: - Main Article: ..Tronox Inc. v. Anadarko Petroleum Corp. (In re Tronox Inc.) – Bankruptcy Court Takes Unusual Steps to Declare Corporate Restructuring a Fraudulent Transfer - Noted With...more

Laches, Statutes of Limitations and Raging Bull: The Supreme Court Re-Emphasizes The Pitfalls Of Delay In Copyright Cases

In Petrella v. Metro-Goldwyn-Mayer, Inc., 572 U.S. __ (2014), the United States Supreme Court addressed the role that the equitable defense of laches – i.e., a plaintiff’s unreasonable and prejudicial delay in commencing suit...more

Amini Sues Yuan Tai Enterprises - Again

Amini Innovation Corporation ("AICO") filed suit on June 30, 2014 in the United States District Court for the Central District of California (AICO's home court) again Yuan Tai Enterprises, Inc., a Texas corporation. The...more

Copyright Litigation and the Risk of Double Costs

An American photojournalist, Ms. Leuthold, was on the scene in New York City on September 11, 2001. She licensed a number of still photographs to the CBC for use in a documentary about the 9/11 attacks. The photos were...more

Quasi-Broadcasting and Copyright – End of an Aereo?

In a highly anticipated decision, the Supreme Court on June 25, 2014, issued an opinion that ruled that web-based TV streaming service Aereo violated copyright law by providing a service substantially similar to cable...more

Leuthold v CBC: “Industry Practice” in Interpreting Contracts

When, if ever, can “industry practice” be used in interpreting contracts? That question is of particular relevance in the entertainment industries, as each facet of those industries (such as film, TV, music, book publishing,...more

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