Copyright Summary Judgment

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

Claims against Cloud Storage Service Hinge on Grant of Rights Clause

In a dispute that touches on the intersection of copyright, contract law and cloud technology, the Second Circuit affirmed the dismissal of copyright claims against Barnes & Noble (“B&N”) related to ebook samples stored on a...more

Ninth Circuit Provides a Second Look at Willful Copyright Infringement **WEB ONLY**

In a case stemming from a copyright dispute over photographs of the legendary hip hop group Run-DMC, the US Court of Appeals for the Ninth Circuit reversed a district court’s grant of summary judgment in favor of a music...more

Sisyphus Touring Inc. v. TMZ Productions Inc. - USDC, Central District of California, September 23, 2016

District court dismisses copyright infringement suit brought by actor and musician Jared Leto against TMZ.com for posting video of him criticizing Taylor Swift, finding Leto did not own video and videographer validly...more

Flo & Eddie Inc. v. Sirius XM Radio Inc. - USDC, C.D. California, September 8, 2016

In most recent decision on The Turtles’ pre-1972 sound recordings, district court grants Sirius XM partial summary judgment, dismissing plaintiff’s claim for punitive damages, but permits plaintiffs to seek disgorgement of...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

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

Second Circuit Revives Copyright Claims Against Sony and Ghostface Killah

In Urbont v. Sony Music Entertainment Inc., 15-1778, the Second Circuit recently revived claims against Sony and Ghostface Killah, holding that although third parties may raise a work for hire defense, here there were factual...more

A House of Cards: How Much Copyright Protection Remains for Architectural Works

Although copyright protection in the United States was extended to architectural works in 1990, this protection has become increasingly narrow. A recently issued Eleventh Circuit opinion, Arthur Rutenberg Homes, Inc. v. Jewel...more

Examiner.com Sails to Victory in DMCA Safe Harbor

Addressing whether the owner of a media website could invoke the safe harbor provision of the Digital Millennium Copyright Act (DMCA), the US Court of Appeals for the 10th Circuit affirmed the district court’s grant of...more

ABS Entertainment Inc. v. CBS Corp.- USDC, C.D. California, May 30, 2016

CBS defeats claims that it infringed copyrights in pre-1972 sound recordings by performing recordings on radio broadcasts, successfully arguing that it performed only post-1972 remastered versions of recordings and that those...more

Judge Leval Illuminates Google Books Fair Use Issues Second Circuit Affirms Summary Judgment for Defendant in Massive Copying Case

Based on the defense of fair use, the Second Circuit affirmed summary judgment for Google in the decade-long copyright battle between an authors group and the Internet search giant. The lawsuit concerned Google’s right to...more

Entertainment and Media Litigation Update - October 2015

The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more

Second Circuit Holds Google Library Project Is Fair Use

Since 2004, Google has scanned, converted to searchable text, and indexed over 20 million books for the Google Library Project.  In Authors Guild, Inc. v. Google, Inc., the Second Circuit held that such use is a fair use of...more

The Katten Kattwalk - Issue 08

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Letter From the Editor - Fashion Week has come and...more

Baldwin v. EMI Feist Catalog, Inc. - USCA, Second Circuit, October 8, 2015

Second Circuit overturns district court ruling and holds that notice of termination sent to EMI for song “Santa Claus Is Comin’ to Town” successfully terminated 1981 grant of rights because, despite the lack of recordation of...more

Unhappy Birthday

About a month ago, the United States District Court for the Central District of California issued a summary judgment ruling putting a nail in the coffin of one of the most tragically comical copyright claims of all time. ...more

Rupa Marya v. Warner/Chappell Music Inc. - USDC, Central District of California, September 23, 2015

District court grants plaintiffs summary judgment, holding that defendants never acquired rights in and do not own valid copyright to lyrics of “Happy Birthday to You.” In 1893, the Hills assigned their rights to the...more

DC Comics v. Towle d/b/a Garage Gotham - USCA, Ninth Circuit, September 23, 2015

Ninth Circuit affirms that Batmobile is “character” entitled to copyright protection. In May 2011, DC Comics sued Towle in a California federal district court, alleging, among other things, causes of action for copyright...more

Copyright Protection Goes ‘To the Batmobile!’ says the Ninth Circuit

While the Caped Crusader drives around in his Batmobile protecting Gotham from its fringe, copyright law protects the Batmobile from infringers—this, according to the Ninth Circuit in DC Comics v. Towle. The Batmobile is more...more

Pow! Boff! Thwack! Batmobile Wins Copyright Litigation

It's not every day a Ninth Circuit court opinion includes, "Holy copyright law, Batman!," or “To the Batmobile!” But in affirming a district court’s ruling in a copyright infringement case by DC Comics against the maker of...more

Ninth Circuit: Copyright Holders Must Consider Fair Use Before Sending DMCA Takedown Notices

The Ninth Circuit held last week in Lenz v. Universal Music Corp. (the “dancing baby” case) that a copyright holder must consider fair use before sending a takedown notice under the Digital Millennium Copyright Act (DMCA)....more

The Best Allegation in a Lawsuit

And the award for Best Allegation in a Lawsuit goes to … Overton v. Anheuser-Busch Company....more

Ninth Circuit Says Think Twice Before Sending That Takedown Notice Under DMCA: Be Sure You Have a Good Faith Belief It’s Not Fair...

The Digital Millennium Copyright Act (DMCA) requires copyright holders to consider fair use before sending a takedown notification, according to the U.S. Court of Appeals for the Ninth Circuit in Lenz v. Universal Music...more

Ninth Circuit Says “Let’s Go Crazy” On Fair Use of Prince Song In YouTube Video

n Lenz v. Universal Music Corp. et al, the Ninth Circuit held that the Digital Millennium Copyright Act (the “DMCA”) requires copyright holders to consider fair use before sending a takedown notice and that the failure to do...more

“BRING IT ON!”: Sixth Circuit OKs Copyright Claims for Cheerleader Uniform’s Design

On August 19, 2015, the Sixth Circuit Court of Appeals issued a “V-I-C-T-O-R-Y” for the world’s largest designer and manufacturer of cheerleader uniforms in its copyright infringement lawsuit against another cheerleading gear...more

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