News & Analysis as of

UK anti-piracy campaign set for launch

In an effort to combat digital piracy, the film and music industries have reached an agreement with the UK’s leading ISPs to launch the ‘Voluntary Copyright Alert Programme’ next year. The programme will send up to four...more

The CJEU Takes Tough Stance on Downloading from Unlawful Sources

ACI Adam BV v Stichting de Thuiskopie - Following a reference from the Supreme Court of the Netherlands, the Court of Justice of the European Union (CJEU) held that EU law precludes member states from having national...more

Broadcasters strive to halt Aereo: the next episode

In April, we wrote about the ongoing dispute between Aereo, the upstart technology company that utilizes warehouses full of tiny antennas to capture over-the-air television and then retransmit it over the Internet to its...more

Second Circuit Overturns Class Certification in Google Books Copyright Challenge

Yesterday the Second Circuit issued its decision undoing the District Court’s certification of a plaintiff class in the long-running lawsuit claiming that the Google Books Library Project violates copyright in millions of...more

Copyright Infringement Damages Upheld in File Sharing Case

The Tenebaum copyright infringement file sharing case, about which we first reported in an earlier blog, reached another milestone this week when the First Circuit upheld the jury’s $675, 000 damages award. Tenenbaum had been...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 19, 2013

- Capitol Records, LLC v. ReDigi, Inc., USDC S.D. New York, March 30, 2013 ..District court grants summary judgment in favor of plaintiff Capitol Records on its copyright claims against ReDigi, online “reseller” of...more

Capital Records v. ReDigi, Inc.: New York District Court Determines that First Sale Doctrine does NOT apply to Digital Media. Did...

On March 30, 2013, only 11 days after the United States Supreme Court’s decision in Kirtsaeng v. Wiley to extend the first sale doctrine to foreign made goods, a United States District Court in the Southern District of New...more

The Copyright Alert System – Copyright Infringement and The Educational Approach

There have been many attempts over the last few years to address online copyright infringement. The most recent effort is the Copyright Alert System (“CAS”), which was rolled out in February 2013 as a system created to...more

Southern District of New York Holds Copyright First Sale Doctrine Does Not Apply to Digital Music Files; Resale of Digital Music...

In Capital Records, LLC v. ReDigi Inc., 12 Civ. 95, (Mar. 30, 2013) (“Capital Records v. ReDigi”) Judge Sullivan of the Southern District of New York held that the copyright “first sale doctrine is limited to ‘material...more

The Interplay Between Digital Media and the First Sale Doctrine

The first sale doctrine allows owners of copies of copyrighted works (e.g. used books, CDs, DVDs) to resell their copies without restriction, and it is this distinction between sales and licenses that has made the licensing...more

Advanced Copyright Issues on the Internet - Updated March 2013

In This Publication: - I. Introduction - II. Rights Implicated By Transmission And Use Of Works On The Internet A. The Right of Reproduction - 1. The Ubiquitous Nature of "Copies" on the Internet...more

Hopper Copyright Litigation Takes Center Stage at the Consumer Electronics Show

Dish Networks’ Hopper device has spurred a considerable amount of legal controversy. Recently, that controversy made its way into the official award ceremony of the Consumer Electronics Show....more

Will the Supreme Court Review Copyright Damages in Music Downloading Case?

Like Joel Tenenbaum, who has been discussed in prior entries in this blog, Jammie Thomas-Rasset has conducted a long-running battle with the recording industry over how much damages she should pay for her downloading...more

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