News & Analysis as of

Transformative Use in the Seventh Circuit

Kienitz v. Sconnie Nation LLC - The U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s grant of summary judgment based on fair use, but cited different grounds than the district court and...more

Briggs v. Blomkamp - USDC, N.D. Cal., October 3, 2014

Briggs v. Blomkamp - USDC, N.D. Cal., October 3, 2014 : District court grants summary judgment for screenwriter and film companies in copyright infringement case, finding that plaintiff author lacked any evidence of...more

Flo & Eddie Inc. v. Sirius XM Radio Inc. - U.S.D.C., C.D. California, September 22, 2014

Flo & Eddie Inc. v. Sirius XM Radio Inc. - U.S.D.C., C.D. California, September 22, 2014 : District court grants partial summary judgment in favor of plaintiff on copyright claims against Sirius XM Radio, holding that...more

Google Wins Summary Judgment in Books Case - Full Copying to Make Search Snippets Available to End-Users Held Fair Use

Round one of the long-fought Google Books case has ended in a summary judgment victory for defendant Google. The Federal District Court for the Southern District of New York held yesterday that Google’s copying, use,...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

The Second Circuit’s Aereo Math: One Copy + One Subscriber ≠ Public Performance

Last week­—the week of May 12, 2013­—proved to be an eventful week for Aereo. On May 14, 2013, the controversial broadcast television streaming service filed a motion for summary judgment in the Southern District of...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- February 14, 2013

In This Issue: - Morawski v. Lightstorm Entertainment, USDC C.D. California, January 31, 2013 (unpublished opinion): District Court grants defendants’ motion for summary judgment on plaintiff’s claims of...more

10 Things You Should Know About IP Litigation

1. Can I infringe a patent if I am not aware of it? Yes. Lack of knowledge of a patent or a lack of intent to infringe the patent is not a defense to an allegation of patent infringement. Patent infringement occurs when...more

Music Law Weekly Case Update for Music Industry Executives -- February 1, 2013

In This Issue: - Morris v. Young, USDC C.D. California, January 28, 2013 District court grants in part and denies in part plaintiff photographer’s motion for summary judgment in copyright infringement action against...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- January 31, 2013

In This Issue: - Mattel v. MGA Entertainment: Ninth Circuit vacates jury verdict and related damages, fees and costs award in connection with MGA’s misappropriation of trade-secrets counterclaim, finding that that...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- January 10, 2013

Table of Contents: - Harney v. Sony Pictures Television, USCA First Circuit, January 7, 2013: Circuit court affirms summary judgment in favor of defendants, on plaintiff photographer’s copyright infringement claim,...more

Batmobile: The Copyright Rises

Over the weekend, I saw an article in the Hollywood Reporter (which incidentally likes to quote our very own Catlan McCurdy, like here and here) discussing the copyright dispute over the 1966 Batmobile. Warner Brothers and...more

Intellectual Property Bulletin - Fall 2012

In This Issue: - Court Declines to Dish Out Preliminary Injunction in Commercial-Skipping Case Despite Likelihood of Infringement - Free and Open-Source Software Diligence in Mergers, Acquisitions, and...more

Is Your House Designer Creative Or A Copier? Judge Finds An Issue Of Fact Whether A House Design Infringed On A Previous...

In Bruemmer v. Reardon, Case No. 1:11-cv-988 (W.D. Mich.), Judge Bell denied the defendants' motion for summary judgment because he found that a genuine issue of material fact existed as to whether the defendants infringed on...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- December 5, 2012

In This Issue: Radin v. Hunt, USCA Ninth Circuit, November 26, 2012 (unpublished opinion) - Ninth Circuit affirms district court’s grant of summary judgment in favor of defendants Showtime Networks Inc. and Darlene...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - November 29, 2012

In This Issue: Belair v. MGA Entertainment, Inc. - ..Second Circuit affirms summary judgment in favor of defendant on copyright infringement claim, finding no substantial similarity between the figures in...more

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