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

Boyd Lighting's Steampunk Sconce Gets Stock Photo Archive Steamed

On December 16, 2014, Lived In Images, Inc. (d/b/a Hometica) sued Boyd Lighting Fixture Company for copyright infringement in the United States District Court for the Northern District of California (San Francisco Division)...more

Seventh Circuit Cites Petrella to Save Copyright Suit from Dismissal

Chicago Building Design, P.C., et. al. v. Mongolian House, Inc., et. al. - The U.S. Court of Appeals for the Seventh Circuit applied the Supreme Court of the United States’ May 2014 ruling in Petrella (IP Update, Vol....more

The New Private Copying Exception: The UK Music Industry Wants to be Paid for It

Three UK music industry organisations, the Musician’s Union, the British Academy of Songwriters, Composers and Authors, and UK Music, have recently launched a legal action seeking leave to apply for judicial review of the...more

No Fair Use for Digital Excerpts

Cambridge University Press et al v. Patton et al. - The U.S. Court of Appeals for the 11th Circuit vacated the district court’s decision holding that digital excerpts of books from three academic publishers provided to...more

50,000 Reasons for Employees to Think Twice Before Taking Their Employer's Copyright Works and Confidential Information

An ex-employee was recently ordered to pay his former employer AUD50,000 in damages after the Federal Court (Court) held that the employee had infringed copyright and breached his employment agreement and duty of...more

American Broadcasting Co. v. Aereo and its Aftermath

The U.S. Copyright Act in 17 USC 106 specifically gives copyright owners the exclusive right to control “performances” of their works. 17 USC 101 defines public performance as including “transmission” of the work. In 17 USC...more

Cambridge University Press v. Patton: Who Really Won?

Cambridge University Press v. Patton is a recent opinion from the Eleventh Circuit Court of Appeals regarding fair use. In a nutshell, the case involved the nation’s premier text-book publishers Cambridge University Press,...more

Beastie Boys v. Monster Energy Company - USDC, S.D. New York, December 4, 2014

Following jury verdict in favor of Beastie Boys on copyright infringement and Lanham Act claims, district court denies defendant Monster Energy Company’s motions for judgment as matter of law, for new trial, and for reduction...more

Plot Thickens for Screenplay Infringement Cases

INTRODUCTION - For more than three decades no type of lawsuit has been more likely to fail than those asserting that the latest hit movie or television series infringes the copyright in a screenplay or other literary...more

Sports, Media and Entertainment Intelligence (Global) - December 2014

BRAND REPUTATION - Global: How to protect brand reputation and sales from the risks associated with a product recall - The power of regulatory authorities to order product recalls is growing, meaning that it is more...more

Rockin’ Around The ©hristmas Tree

This past weekend, my wife and I were fortunate enough to take in the sights and sounds of NYC. Included on our stops was the world famous Rockefeller Center Christmas tree. The tree was lit on December 3. Despite the...more

STELA Reauthorization Act of 2014

President Obama has signed H.R. 5728, reauthorizing the Satellite Television Extension and Localism Act of 2010 (“STELA”) which was set to expire at the end of this year. The new law, entitled the STELA Reauthorization Act of...more

Searching High and Low: The Licensing of Orphan Works

Subject to a limited number of statutory exceptions, copyright works may be used only with the consent of those who hold the rights in them. Yet in some instances, rights holders cannot be identified or traced, leaving these...more

Panoramic Stock Images, Ltd v. McGraw-Hill Global Education Holdings, LLC - USDC, N.D. Illinois, November 25, 2014

Panoramic Stock Images, Ltd v. McGraw-Hill Global Education Holdings, LLC - USDC, N.D. Illinois, November 25, 2014: District court denies textbook publisher McGraw-Hill’s motion for summary judgment on its statute of...more

UK: Copyright- Music industry seeks review of law allowing fans to copy music

The UK Government is facing a Judicial Review challenge over a failure to include compensation provisions in the recently introduced private copying exception to Copyright....more

The Sum of All Parts: Second and Ninth Circuits Poised to Address Movie “Authorship”

“There are no small parts, only small actors.” So says the film and theater maxim most frequently attributed to Russian actor and director Constantin Stanislavski. But how small a contribution is enough for an actor or...more

United States Property Investments under Section 956 of the Code

I. Background and Overall Scope of Section 956 - The overall purpose of section 956 is to tax investments made by CFCs in specified categories of “United States property” on a constructive dividend basis. The...more

The Need for Homebuilder Vigilance About Copyrights

Are homebuilders as vigilant as they should be in protecting their intellectual property rights — including the copyrights that qualifying architectural drawings and structures receive automatically as a matter of law, even...more

On December 15, 2014, The Ninth Circuit En Banc Will Hear Garcia v. Google, Inc./Actors And Producers Await The Result

On Monday, December 15, 2014, the Ninth Circuit en banc will hear argument in Garcia v. Google, Inc. 766 F3d 929 (9th Cir. 2014), amending 743 F.3d 1258 (9th Cir. 2014). A three judge panel of the Ninth Circuit previously...more

No IP Holes in this Crystal Head

We’ve spilled a lot of digital ink here over the past several years discussing the protection of non-traditional trademarks. We’ve also written about the importance of layering various intellectual property rights (trademark,...more

Intellectual Property Issues for Health Care Providers - November 2014

In This Presentation: - Introduction - Intellectual Property (IP) Basics - IP Strategy - IP Encountered by Health Care Providers - Securing Ownership of IP Assets -...more

Intellectual Property Law Issues for Health Care Providers  [Video]

Whether they are aware of it or not, health care providers create, purchase and use a variety of intellectual property daily in the course of operating their businesses, sometimes leading to issues involving patents,...more

Music Publishers Bring Contributory Copyright Claims Against ISP for Infringing Activities of Subscribers

In a novel lawsuit that tests the bounds of service provider liability, two music publishers brought suit against an ISP for contributory copyright infringement for allegedly facilitating infringement by failing to terminate...more

Angry Monkey See, Angry Monkey Sue

Video games have come a long way since I was a kid. I grew up with a pixelated plumber jumping on on turtles with frozen facial expression. Sometimes it is hard to believe how far video games have developed, with games like...more

Status Updates - November 2014 #12

Forget me not. Twitter launched just eight years ago with this tweet from company co-founder, Jack Dorsey: (Please see photo below.) (Not nearly as dramatic as “Mr. Watson—come here—I want to see you”— but I digress.) ...more

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