The Copyright Act

News & Analysis as of

Peter Mayer Publishers Inc. v. Shilovskaya

Peter Mayer Publishers Inc. v. Shilovskaya - USDC (S.D.N.Y.), March 31, 2014: District court holds that eBook version of translated Russian novel is not a new derivative work under the Copyright...more

Psihoyos v. John Wiley & Sons, Inc.

Psihoyos v. John Wiley & Sons, Inc. - USCA Second Circuit, April 4, 2014: Second Circuit adopts “discovery rule” for accrual of copyright infringement claims, affirms dismissal of infringement claims with respect to...more

U.S. Copyright Office Calls For Public Comment on Music Licensing

As part of a concerted effort to assess the effectiveness of existing methods of licensing music, the US Copyright Office has published a request in the Federal Register for public comment on a number of copyright issues....more

Five Tips for Film Distributors and Other Licensees

The United States Copyright Act does not discriminate between two or more joint infringers, even if one infringer is found to be more “blameworthy”. As a result, distributors of copyrighted works must take special care to...more

International Breach of Copyright

Copyright in Canada is a function of the Copyright Act - without that law, there would be no copyright. How does Canadian copyright law interact with the copyright law in other countries? In Active Operations...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- February 10, 2014: Brownstein v....

In declaratory judgment action seeking joint authorship of work, Third Circuit holds that joint authorship claim under Copyright Act accrues, for statute of limitations purposes, when plaintiff’s authorship has been expressly...more

Supreme Court Clarifies the Parameters of the “First Sale” Doctrine in the Cross-Border Context

First Sale Doctrine - Under the Copyright Act, the exclusive right of a copyright owner “to distribute copies . . . of [a] copyrighted work,” 17 U.S.C. § 106(3) is limited, in part, by the “first sale” doctrine. The...more

Martin Luther King, Jr. and “Publication” under the 1909 Copyright Act

Last year marked the 50th anniversary of Martin Luther King, Jr.’s “I have a dream” speech, delivered during the March on Washington on August 28, 1963. It also marked the 50th anniversary of the first of many copyright...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- January 9, 2014

Bouchat v. Baltimore Ravens Limited Partnership, USCA Fourth Circuit, December 17, 2013 - Fourth Circuit affirms grant of summary judgment in favor of defendants NFL and Baltimore Ravens, finding that use of team’s...more

Capital Thinking: Technology and Communications

House Commerce Committee Members Introduce Video Policy Bills - Last Thursday, December 12, two members of the House Energy and Commerce Committee introduced video reform legislation that would eliminate or reform a...more

Online streaming of free-to-air TV channels: Why the approach taken by the European Court of Justice and UK High Court in the...

While in the UK the law in relation to the live streaming of free-to-view television channels has been resolved, following the reference to the CJEU and the High Court decision in the TVCatchUp (TVC) litigation, in favour of...more

Google Prevails in the Latest Chapter of the Google Books Litigation

On November 15, Judge Chin of the Southern District of New York issued a long-awaited decision in the Google Books case, Authors Guild, Inc. v. Google Inc. Google Books — the project through which Google provides access to...more

Staving Off Scrapers of User-Generated Content with Electronic Copyright Transfers… A Legal (But, Perhaps Not a Practical)...

It’s a problem that has vexed website owners since the days of the dot-com boom – how to make certain user-generated content available to users or subscribers, but also prevent competitors and other unauthorized parties from...more

Germany: Act against Improper Business Practices in force

The Act against Improper Business Practices (“the Act”), passed by the German legislator, came into force on 9 October 2013, although some of its provisions on collections will take effect on 1 November 2014. The Act contains...more

Recent Developments In Information Technology Law – Third Quarter 2013

INTRODUCTION - Enactment of the America Invents Act was the biggest patent news of 2011, but its most comprehensive provisions were implemented September 16, 2012, and March 16, 2013. For example, one of its biggest...more

Electronic Transfer of Copyright Approved by Fourth Circuit

The Fourth Circuit has confirmed what many copyright holders have long hoped was true: That copyright interests can be validly transferred through electronic means, despite language in the 1976 Copyright Act requiring that...more

Take it Personally - Courts Provide Insight into the Value and Implications of Moral Rights

Since moral rights were introduced by amendments to the Copyright Act 1968 (Cth) in 2000, there have been only a handful of decisions which have considered their application. However, two recent decisions highlight that it is...more

Copyright Assignment Termination After 35 Years: The Video Game Industry Comes of Age

A little-known section of the Copyright Act allows designers and developers of video games to terminate copyright assignments granted after January 1, 1978. Section 203 of the Act was intended to give creators of...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- September 12, 2013

Fox Television Stations, Inc. v. FilmOn X LLC, USDC, District of Columbia, September 5, 2013 - Adding to split among courts on this issue, D.C. district court issues preliminary injunction against internet television...more

Click Here to Transfer Copyright

When you upload your pictures to a website, you might click through some terms of use…Did you just transfer ownership of the copyright in your pictures?...more

Copyright Termination — Get Rights Back and Perhaps Get Back to Work!

What with remakes and sequels constituting so much of what fills the theatres and television programming these days, it is difficult to fathom why literary authors and their representatives are not more aggressively tracking...more

Update: Combating Counterfeit Products Act

As a follow-up to our earlier post (Combating Counterfeit Products Act), we wrote in March 2013 that Parliament had introduced a bill (Bill C-56) to amend the Copyright Act and the Trade-marks Act, to combat counterfeit...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- August 16, 2013

Marvel Worldwide, Inc. v. Kirby, USCA Second Circuit, August 8, 2013 - Second Circuit affirms grant of summary judgment in favor of plaintiffs, comic book publishers, and against defendants, heirs of renowned comic...more

Business Litigation Report -- July 2013

In This Issue: Main Article: ..“Gray-Market” Goods Now Less Gray Practice Area Notes: ..Trial Practice Update ..Structured Finance Litigation Update ..Russia Litigation Update ..White Collar...more

Copyright or Copywrong? Evidence Suggests that Our Current System Might Be Broken

Intellectual property, like the information in a book, is different than other property like, let’s say, the coffee mug sitting next to me. As for the coffee mug, only one of us can use it at a given time. Either you have...more

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