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.

Graffiti Artists Tag Camuto Fashion House for Copyright Infringement

by Dorsey & Whitney LLP on

Earlier this month, four Los Angeles-based graffiti artists, “Rime,” “Host18,” “Taboo” and “Reme” filed suit against the Vince Camuto fashion house and related entities alleging copyright infringement for “inexplicably...more

EU Regulation on Cross-Border Portability of Online Content Services in Force

by Reed Smith on

After publication in the Official Journal of the European Union, Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal...more

DSM Watch: On your marks! Deadline for EU online Portability Regulation compliance is 20 March 2018

by Hogan Lovells on

In our 21 June blog we reported that the text of this, the first legislative proposal published by the Commission under the Digital Single Market strategy banner, had been finalised by the European Parliament and Council. ...more

The Katten Kattwalk | Issue 13

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Please see full Newsletter below for more information....more

Cannabis Industry FAQ

by Pepper Hamilton LLP on

Can marijuana businesses receive federal copyright protection? Yes. The requirements for registration with the U.S. Copyright Office are that the work is original, creative and fixed in some form of expression. These...more

Jewelry Company Sues Macy’s for Copyright Infringement

by Reed Smith on

California-based jewelry company Brighton Collectibles LLC (“Brighton”) filed suit against Macy’s Inc. (“Macy’s”) for copyright infringement. According to the complaint, Brighton alleges that Macy’s infringed copyrighted...more

Copyright Protection for Tattoos: Are Tattoos Copies?

by Downey Brand LLP on

Abstract - This Note argues that, although “flash art” and other drawings upon which a tattoo may be based are likely copyrightable subject matter under the Copyright Act of 1976 (Copyright Act), the policy implications...more

University's Infringing Reproductions Fall Short of Fair Dealing

by Bennett Jones LLP on

The fair dealing user right, as an exception to copyright infringement, has its limits. The fact that a use falls within an enumerated purpose under the Copyright Act is no guarantee of immunity from infringement. To avoid...more

Intellectual Property Law - July 2017

SCOTUS: For Patent Venue, Domestic Corporations ‘Reside’ Where Incorporated - Why it matters: On May 22, 2017, the Supreme Court issued its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC—rejecting...more

Diddy’s @Infringement Instagram Post

by Weintraub Tobin on

In today’s age of rapid fire social media, posting to feed the ever growing hunger of a digitally connected audience has become second nature to celebrities and other influencers. In fact, the larger the number of followers,...more

Advertising Law - July 2017 #2

NAD Considers Grocery Store Claims, Including Jurisdiction Question - A grocery store chain should discontinue comparative pricing claims, the National Advertising Division recommended in a new decision, finding the...more

Does This Selfie Make Me Look Like a Copyright Infringer?

by Lewitt Hackman on

The Ninth Circuit Court of Appeals will consider a copyright infringement suit brought by a primate – specifically, Naruto, an Indonesian crested macaque that supposedly made fantastic use of his opposable thumbs and took a...more

Circuit Divide: Is Registration a Precondition for Copyright Infringement Suits?

by McDermott Will & Emery on

Addressing the regional circuit split over whether copyright registration occurs when a copyright application is filed or when the Register of Copyrights registers the copyright, the US Court of Appeals for the 11th Circuit...more

DMCA Grandfather Clause Does Not Extend to Acquired Business

by McDermott Will & Emery on

Addressing the Digital Millennium Copyright Act (DMCA) grandfather clause that allows “pre-existing subscription services” to pay the pre-1998 reduced royalty rate for digital music licensing, the US Court of Appeals for the...more

Are False Accusations Of Copyright Infringement Defamatory?

Is it defamatory to falsely accuse someone of infringing intellectual property? Last month, the California Court of Appeal, in FilmOn.com v. DoubleVerify, Inc., affirmed the dismissal of a defamation action in which the...more

Sugarfina Sues Candy Competitor for Trademark Infringement

by Reed Smith on

Sugarfina Inc. (“Sugarfina”), a high-end candy retailer, recently filed suit against competitor Sweet Pete’s LLC (“Sweet Pete’s”) alleging copyright, trademark, and trade dress infringement of its products and packaging....more

Boletín Mensual de Telecomunicaciones - Junio 2017

by Holland & Knight LLP on

Las siguientes publicaciones fueron hechas por autoridades del gobierno federal durante Junio de 2017 en relación con el Sector de Telecomunicaciones de México....more

Brussels Regulatory Brief: July

by K&L Gates LLP on

On 10 May 2017, the European Commission (“Commission”) published its final report (“Report”) concluding a wide-ranging two-year long inquiry into e-commerce (“Inquiry”). During the Inquiry – which was conceived as part of the...more

Default Determination Highlights The Importance Of Alleging Every Element

by Jones Day on

A recent ITC decision, stemming from a default initial determination, underscores the importance of alleging every element in a complaint. 19 U.S.C. § 1337(g)(l) provides that the Commission, when making a determination on...more

Mexico Telecommunications Update - June 2017

by Holland & Knight LLP on

The following announcements were made by public government authorities in June 2017 regarding Mexico's telecommunications sector: Public Call for Official Approval as Telecommunications and Broadcasting Expert - The...more

Can’t Say “I Ain’t Mad At Cha” for Copying Me

by Knobbe Martens on

On June 1, 2017, noted music and fashion photographer Danny Clinch filed suit in the Southern District of New York in connection with the use of two photographs of famed rapper Tupac Shukar (“Tupac”) on t-shirts. The...more

Digital Single Market: “DSM in 5 minutes” – Brochure

by Hogan Lovells on

In this brand-new publication, our pan-European DSM Taskforce helps you plan for the changes by providing an overview of the Commission’s Digital Single Market strategy; what the key legislative measures will bring about and...more

Service Providers Must Re-Register Designated Agents by December 31st to Continue DMCA Safe-Harbor Protection

The Digital Millennium Copyright Act (DMCA) provides a great deal of protection to Internet service providers that maintain an online presence (e.g. through the use of a website) through specially defined “safe harbors.” We...more

Far-reaching decision by the CJEU on copyright: The Pirate Bay can be blocked by ISPs!

by Hogan Lovells on

Swiftly following the CJEU decision in Filmspeler, in which the Court found that the selling of multimedia players with add-ons to illegal streaming websites amounted to copyright infringement, the CJEU has confirmed that an...more

When Is Making A Movie Not An Act Of Free Speech?

by Weintraub Tobin on

I admit that the title of this article may be a bit deceiving. Making films, like any other production of art, is almost always an act of free speech. However, the Ninth Circuit was recently faced with a dilemma of...more

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