News & Analysis as of

Preemption Copyright Litigation

McDermott Will & Emery

Google It: Federal Copyright Law Preempts California Causes of Action

Addressing a state law-based challenge to the way search results are displayed on copies of websites, the US Court of Appeals for the Ninth Circuit held that copyright preemption precluded a website owner from invoking state...more

White & Case LLP

Website terms of service – enforceable or preempted?

White & Case LLP on

There is a deepening circuit split on whether the US Copyright Act preempts contract claims arising from terms of service. A recent petition to the US Supreme Court by a song lyrics website highlights this, with potentially...more

Venable LLP

California District Court Holds Dance Moves in Fortnite Did Not Infringe Copyright

Venable LLP on

​​​​​​​A federal district court judge in the Central District of California recently dismissed a choreographer’s claims against Epic Games Inc. (“Epic Games”) arising out of Epic Games’ alleged use of his dance moves in its...more

Manatt, Phelps & Phillips, LLP

Copyright Litigation and Recent Developments: Spring 2022

In our May 2022 copyright update, Manatt’s attorneys summarize recent decisions of interest from the U.S. courts and Copyright Office, and highlight other matters that we’re watching in the coming months....more

Sheppard Mullin Richter & Hampton LLP

Important Open Source Ruling Confirms Enforceability of Dual-Licensing and Breach of GPL for Failing to Distribute Source Code

A recent federal district court decision denied a motion to dismiss a complaint brought by Artifex Software Inc. (“Artifex”) for breach of contract and copyright infringement claims against Defendant Hancom, Inc. based on...more

Fish & Richardson

Federal Copyright Preemption Extends to Preempt State Laws Which Protect Material That Congress Expressly Declined to Protect...

Fish & Richardson on

Recently, we discussed the broad reach of the doctrine of Federal Copyright Preemption. In Ultraflo Corp. v. Pelican Tank Parts, Inc. 2017 U.S. App. LEXIS 509 (Jan. 11, 2017), the Fifth Circuit made clear that not only does...more

Fish & Richardson

Federal Copyright Preemption of State Law Claims – Still a Powerful Defense Tool in Commercial Litigation

Fish & Richardson on

Recently our colleagues Natalie Arbaugh and Rex Mann discussed the Fifth Circuit’s decision in GlobeRanger Corp. v. Software AG USA, Inc., 2016 WL 4698270 (5th Cir., Sept. 7, 2016), focusing on the Court’s discussion of the...more

WilmerHale

Copyright and Trademark Case Review: The Slants, The Sims and SCAR Rifles

WilmerHale on

Supreme Court Agrees to Review Bar on Registration of Disparaging Marks, Denies Washington Redskins' Petition to Join Proceedings - Supreme Court Agrees to Review Bar on Registration of Disparaging Marks, Denies...more

Akerman LLP - Marks, Works & Secrets

Second Circuit Revives Copyright Claims Against Sony and Ghostface Killah

In Urbont v. Sony Music Entertainment Inc., 15-1778, the Second Circuit recently revived claims against Sony and Ghostface Killah, holding that although third parties may raise a work for hire defense, here there were factual...more

Foley & Lardner LLP

Fifth Circuit Upholds Copyright Preemption of Trade Secret-Related Claims

Foley & Lardner LLP on

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

Orrick - Trade Secrets Group

Fifth Circuit Revisits Copyright Preemption of Trade Secret Law

The United States Court of Appeals for the Fifth Circuit recently revisited the issue of the Copyright Law preemption of trade secrets claims in Spear Marketing, Inc. v. Bancorpsouth Bank. The decision not only resolved the...more

Hinshaw & Culbertson LLP

Attorney Fees Awarded In First Impression

In Ryan v. Editions Limited West Inc., 2015 DJDAR 5455, the U.S. Court of Appeal for the Ninth Circuit decided an important issue of first impression: does the Copyright Act of 1976 preclude enforcement of a contractual...more

McDermott Will & Emery

Preemption of State-Law Tort Claims by the Copyright Act - Ray v. ESPN

Addressing the issue of the preemption of state-law claims by the Copyright Act, the U.S. Court of Appeals for the Eighth Circuit upheld the district court’s dismissal of several state-law tort claims because the claims are...more

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