News & Analysis as of

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.

The Grinch loses and protection of parody wins

by Thompson Coburn LLP on

Someone once said make sure your words are sweet as you may have to eat them. In the attached decision, the Judge finds the play "Who’s Holiday" is a parody entitled to fair use. He grants Plaintiffs’ motion for judgment on...more

Mark Ronson Sued For Infringing 80’s Funk “Masterpiece”

by Brooks Pierce on

On September 12, 2017, the publisher of the legendary song “More Bounce to the Ounce” filed a copyright infringement lawsuit against music producer Mark Ronson. The suit alleges that Ronson’s hit song “Uptown Funk,” which has...more

December 31st Deadline for DMCA/OCILLA Designated Agent Renewal Approaching

The U.S. Copyright Office has implemented a new electronic system for registering agents designated to receive notifications of claimed copyright infringement, under Section 512 of the Digital Millennium Copyright Act...more

Monkey See, Monkey Do… Monkey Own? The Curious Case of Naruto v. Slater

by Hogan Lovells on

When wildlife photographer David Slater set up his camera in the rainforests of Indonesia, he hardly expected to ignite a copyright battle with a monkey. Nonetheless, the legal dispute between Slater and Naruto, a crested...more

Joy in Who-Ville? Playwright Wins Fair Use Copyright Dispute in Parody of “Grinch”

by Kelley Drye & Warren LLP on

It’s not quite what Dr. Seuss envisioned: Kind-hearted and cheerful Cindy-Lou Who from the childhood classic “The Grinch That Stole Christmas” becomes a cynical adult who was thrown in prison after murdering her abusive...more

Taking His Talents To The Southern District Of New York: Are LeBron James’ Tattoos Subject To Copyright?

by Weintraub Tobin on

With nearly 30% of Americans sporting at least one tattoo (up from 20% just four years ago), tattoos are becoming commonplace. This is even clearer among younger Americans, with nearly half of Millennials sporting ink. ...more

Buyer Beware: Make Sure Your Copyright Assignment Is Valid

by Payne & Fears on

You are in negotiations with a copyright owner to obtain a license to her work, which you want to publish, distribute, and/or license yourself. You want to ensure that you have the right to enforce the copyright against...more

Structural engineers score big as Federal Court recognizes and enforces copyright on structure of soccer complex

by Smart & Biggar on

On September 12, 2017, the Federal Court issued its decision in Lainco Inc v Commission Scolaire Des Bois-Francs et al, 2017 CF 825, confirming that the plaintiff’s steel structure for an indoor soccer complex could benefit...more

Ninth Circuit: Non-Exclusive Licensing Agent Has No Standing to Sue for Copyright Infringement

by Snell & Wilmer on

In DRK Photo v. McGraw-Hill Global Education Holdings, LLC, the Ninth Circuit held that an Arizona stock photo agency could not sue McGraw-Hill under the Copyright Act for using images in textbooks without permission. The...more

When are prices "excessive": did the Latvian competition authority strike the right note?

by Dentons on

The European Court of Justice (ECJ) has just ruled that competition regulators have a "certain margin for manoeuvre" in deciding whether prices are excessive, and that there is no single adequate method for such an...more

What are Moral Rights?

by Winstead PC on

The term moral rights in the United States typically refers to the right or ability of creators of certain works of visual art (e.g., paintings, drawings, prints, sculptures, and photographs) to control the eventual fate of...more

“Let’s Play:” DMCA Takedown Notices and Game Developer Acquiescence

There is an entire gaming sub-culture developed around watching others play video games. I’m not talking about gathering around the Game Cube in your friend’s basement and passing the only controller. “Let’s Play” videos...more

Dr. Phil and His Texas-Sized Copyright Victory in the Lone Star State: Is This “EDTX 2.0” After TC Heartland?

by Dorsey & Whitney LLP on

And just like that, it was over. The U.S. Supreme Court’s decision in TC Heartland v. Kraft Foods Group sun-setted the reign of the U.S. District Court for the Eastern District of Texas as the country’s busiest (and arguably,...more

High Risk, High Reward: An Overview of Navigating IP Rights in the Green Rush

The legal U.S. cannabis market, which includes medicinal and recreational sales, is booming. Last year alone, the industry accumulated an estimated $7.2 billion in revenue, and that number is projected to grow to $21.2...more

9th Circuit’s VidAngel decision vindicates lawful video filtering service

by Thompson Coburn LLP on

Some have cast the Disney v. VidAngel proceeding, decided August 24 by the 9th Circuit, as the “big studios” versus the “little guy”; the movie studios’ collective effort to kill filtering. This is far from the truth....more

Christmas Comes Early for “Useful Article” Copyright Holder

by Orrick - IP Landscape on

Order Denying Motion and Cross-Motion for Summary Judgment, Jetmax Ltd. v. Big Lots, Inc. et al., 15-cv-9597 (S.D.N.Y. Aug. 28, 2017) (Judge Katherine Forrest) Tricky questions can arise when a person or company attempts...more

Your Digital Millennium Copyright Registration May Be About To Expire

Last November, we wrote about the Copyright Office’s decision to ditch its paper registration system for the Digital Millennium Copyright Act (“DMCA”) safe harbor and start a new online system completely from scratch. If you...more

Legal Issues For Creating And Maintaining Your Website

by Fraser Trebilcock on

The reach and impact of the internet is well known and it provides a must-have medium to advertise, promote, and conduct business. Setting up and maintaining your website may seem like a relatively straightforward process,...more

Out-of-CTRL C

CTRL C and CTRL V (copy/paste) are widely used keyboard commands to add interesting content to emails, newsletters and slide decks. Everyone does it, so it must be okay, right? Not quite....more

Dr. Phil Serves Bitter Pill To Woman Who Stole Nine Seconds Of Footage

by Fox Rothschild LLP on

Television host and psychologist Dr. Phil McGraw got just what the doctor ordered when a district court in Texas awarded summary judgment on Dr. Phil’s copyright claim against the woman who sued him in 2015 for alleged false...more

The importance of intellectual property notices

by McAfee & Taft on

So you have a patent, trademark, or copyright that you want the public to know you have rights in? How do you provide such notice? The answer is marking your intellectual property (IP) with symbols such as Pat., Pat. Pending,...more

Star Athletica Leaves Parties Weeping in Copyright Dispute over Tear Drop Design

by Dorsey & Whitney LLP on

In Star Athletica v. Varsity Brands, the U.S. Supreme Court clarified the proper test for determining when a useful article is subject to copyright protection. That new standard was recently brought to bear in JetMax Limited...more

Intellectual Property 101: What It Is and Why I Should Protect It

by Varnum LLP on

Startups and early stage companies have many things to focus on and worry about, and the protection of intellectual property (IP) is likely not on the top of the list, if it’s on the list at all. Why? Because a business...more

Home Is Where the Non-Infringement Is

by McDermott Will & Emery on

The US Court of Appeals for the Seventh Circuit affirmed a summary judgment ruling that the plaintiff did not offer sufficient proof that the defendant’s work was substantially similar to the home designs in which it claimed...more

The Broad Umbrella Covering Joint Authors Also Protects Collaborators

by Dorsey & Whitney LLP on

A recent decision from the federal court of the Southern District of New York serves as a reminder of the broad rights enjoyed by a joint author under the Copyright Act, including the right to create and license derivative...more

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