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.
News & Analysis as of

Is Ashley Madison abusing the Digital Millennium Copyright Act in the Wake of Hack?

In July, a group of hackers identifying themselves as the Impact Team took over the computer systems of Avid Life Media (“ALM”), the parent company of the adultery-oriented website Ashley Madison, threatening to release the...more

Bernstein Shur Business and Commercial Litigation Newsletter #54

We are pleased to present the 54th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address management-led buyouts, copyright protections, and other news...more

"Ready? Okay!": Clothing Design Copyright Affirmed by Sixth Circuit Despite Dissent Stating Industry is "a Mess"

Recently, the Sixth Circuit Court of Appeals ("Sixth Circuit") in Varsity Brands, Inc. v. Star Athletica, LLC, decided that clothing designs (in this case, a cheerleading uniform) can be protected by copyright under the...more

PTAB Finds Copyright Notice is Inadmissible Hearsay – Denies Petition for IPR

Different panels of the Patent Trial and Appeal Board have, for the most part, agreed with each other on many of the key issues that arise in inter partes review proceedings. There are, however, instances of disagreement and...more

Guzman v. Hacienda Records and Recording Studio, Inc. - USDC, S.D. Texas, August 18, 2015

Defendant Hacienda Records and Recording Studio, Inc. prevailed on a copyright infringement claim brought by plaintiff Jose O. Guzman following a bench trial in the U.S. District Court for the Southern District of Texas....more

EU consults on the Satellite and Cable Directive

As part of the European Commission's ambitious plan for a Digital Single Market, it proposes to create "a modern, more European copyright law". One of its initiatives is reform of the regulations on the copyright clearing...more

No MN State Fair Photos, Pretty Please?

Well, it is opening day at the 2015 Minnesota State Fair, it was a great day, perfect weather, thank you very much! Happy to see that Lulu’s Public House is going strong, she appears to have some new food items this...more

Patenting: A Guidebook For Patenting in a Post-America Invents Act World

Patenting - Patenting generally offers a superior means for legally protecting most inventions, particularly since: • copyright, when available, does not provide a broad scope of protection; and • the ability...more

Intellectual Property and Technology News - Issue 27 Q3 2015

In This Issue: How Private is That Connected Car? US v EU Among the fastest growing sectors in the industry of smart things is the connected car. No longer a simple way from point A to point B, cars now comprise a...more

Summary Judgment Ruling Not a Pretty Picture for Massachusetts Copyright Plaintiff

A recent decision from the District of Massachusetts demonstrates the difficulties that can arise when attempting to protect copyrighted works displayed on the internet. The July 29, 2015 order issued by the Honorable Patti...more

Heads Up: Canada’s Trademark Law - Avoid These 6 Mistakes

It is important to ensure that the copyright transfer includes an irrevocable waiver of “moral rights,” a special type of right held by authors of creative works in Canada. Moral rights are separate from copyright and include...more

Tastes Like Chicken, Not a Copyright

A common refrain: “There must be a way to protect this idea, either by trademark or copyright.” Regrettably, in many instances, the answer is “none of the above.” Take, for example, the humble chicken sandwich....more

Court Dismisses City’s Copyright Claim Against Critic for Using Council Meeting Clips in YouTube Videos

A California city cannot hold one of its citizens liable for copyright infringement for using clips of city council meetings in his critical YouTube videos, a federal judge has ruled. The August 20, 2015, Order in City of...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

Manatt Digital Media - August 2015

So You Want Music in Your Video: 5 Things to Remember so You Don't Get Sued - Last month we received a call from a woman who made an unassuming video of her daughter's wedding and added her favorite song as the musical...more

It’s Illegal to Sing Happy Birthday?

Some years ago, Aaron Sorkin (bar none the greatest television writer of all time) spent a few minutes of an episode of Sports Night making light of the fact that the song “Happy Birthday” is outside the public domain....more

Twitter, the DMCA and Copyright in the Age of Sharing

As social media platforms continue to find new ways to allow users to share, post, and forward nonoriginal content and users become more engaged in the practice, the platforms hosting the content and disgruntled original...more

Targeting Graphic Tees

Up here in the North, we are big fans of the store that has it all – Target. In fact most Minnesotans will often joke that we cannot step foot in a Target store without spending at least $100 and walking out with items we...more

ROYAL PAIN: Brits Can’t Even Copy Their OWN Music

This blawg focuses on US law as it pertains to technology and entertainment, but a recent decision of the High Court of the United Kingdom just caught my interest. The High Court of the United Kingdom held that certain...more

Fifth Circuit Upholds Copyright Preemption of Trade Secret-Related Claims

Situations abound in which a defendant has been sued in state court, and wants to get to federal court. In cases in which the plaintiff has not pled a federal claim, and where diversity of citizenship is absent, there may not...more

IP Law Tracker Docket Review

Each month, we review significant intellectual property decisions from the U.S. Court of Appeals for the Sixth Circuit and the U.S. District Courts for the Eastern District and Western District of Michigan. Below is the...more

The Ray Charles’s Foundation Doesn’t Have to “Hit the Road Jack”: Ninth Circuit Permits Foundation to Challenge the Validity of...

On July 31, 2015, the Ninth Circuit reversed the Central District of California’s dismissal of an action brought by the Ray Charles Foundation, seeking, among other things, a judicial determination of the validity and...more

New Old Music Group, Inc. v. Gottwald - USDC, S.D. New York, August 7, 2015

New Old Music Group sued Lukasz Gottwald (Dr. Luke) and others for copyright infringement of the song “Zimba Ku,” written by New Old’s president Lenny Lee Goldsmith and recorded by the band Black Heat in 1975. At issue was...more

Silvero v. Fox Television Studios, Inc., et al. - Los Angeles Superior Court, August 6, 2015

Frank Silvero, an actor who played the character Frankie Carbone in the film “Goodfellas” and other similar mobster characters during his career, filed suit against Fox Television alleging that the writers of the animated...more

ITC Section 337 Update – August 2015

En Banc Federal Circuit Upholds The Commission’s Position In Suprema – On August 10, 2015, in an en banc Opinion written by Circuit Judge Reyna, the Federal Circuit upheld the Commission’s position in Suprema, Inc. v....more

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