Motion Picture Industry Copyright

News & Analysis as of

Holy Copyrightability Batman! The Batmobile Is Still A Superhero…

In the spring of 2013, this author reported on the then-recent decision, DC Comics v. Towle, 989 F. Supp. 2d 948 (C.D. Cal. Feb. 7, 2013), where Judge Ronald Lew determined that the Batmobile is a comic book character...more

Carta de Error! Copyright Takedown Notice To iTunes May Give Rise to Misrepresentation Liability

Section 512(f) of the Digital Millennium Copyright Act makes parties who issue copyright takedown notices liable for any “knowing” misrepresentations in those notices. However, the Ninth Circuit in Rossi v. Motion Picture...more

The World Is Not Enough, We Want the Whole Genre

The James Bond franchise is one of the most well-known and successful movie franchises in history. There are few characters who reappear in 23 full length movies, let alone have the 23rd movie reach the top of the box office...more

Sports, Media and Entertainment Intelligence - 2014

BETTING AND GAMING - US: Draft legislation aims to prohibit Internet gambling - Last month, a draft Internet Gambling Control Act surfaced on the Internet. This proposed legislation, attributed by industry websites to...more

Untimely Ownership Claim Time-Bars Copyright Infringement Claim Where Basis of Dispute Is Ownership - Seven Arts Filmed...

The U.S. Court of Appeals for the Ninth Circuit held that a district court properly dismissed a copyright infringement suit as untimely where the plaintiff sought to establish its ownership in several motion pictures more...more

June 2013: Entertainment Litigation Update

California Appeals Court Decides for Defendants in Idea Theft Case. - While idea theft claims continue to proliferate in Hollywood, a recent decision from the California Court of Appeal bolsters defendants’ chances...more

Intellectual Property Bulletin - Spring 2013

Copyright co-ownership is a well-established method of allocating rights within the software, recording, and motion picture industries. In theory, it presents a clear and simple arrangement and provides a strong degree of...more

Happy Birthday…You’re Being Sued!

Have you ever noticed how people rarely sing “Happy Birthday to You” in movies and television? Instead, people usually sing “For He’s a Jolly Good Fellow,” even though no one actually sings that song in real life. ...more

Exemptions to the Digital Millennium Copyright Act

The U.S. Copyright Office recently issued its exemptions to the Digital Millennium Copyright Act of 1998 ("DMCA"). The exemptions, effective as of Oct. 28, 2012 define the limited circumstances that users are allowed to...more

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