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The Copyright Act Declaratory Judgments

Sheppard Mullin Richter & Hampton LLP

“Not My Work”: When Artists Dispute Authorship

The assumption that artists love credit is challenged when an artist appears to repudiate their authorship. Sometimes repudiation arises from personal animus while in other instances an artist might feel that their work is no...more

Willcox & Savage

Court Finds No Termination of Copyright Grant in Elvis Hit

Willcox & Savage on

The U.S. Court of Appeals for the Second Circuit recently ruled against the heirs of songwriter Hugo Peretti in their attempt to terminate a copyright grant for Peretti’s composition “Can’t Help Falling in Love,” a huge hit...more

McDermott Will & Emery

The Perils of Falling in Love

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit affirmed the dismissal of a lawsuit that sought a declaratory judgment on the basis that a notice of termination of copyright assignment under 17 U.S.C. § 203 did not validly...more

Sheppard Mullin Richter & Hampton LLP

Italian Film Composer “Scores” for Authors

The Second Circuit issued a remarkable decision on termination rights under Sections 203 and 304(c) of the Copyright Act that seemingly, whether knowingly or otherwise, limits the Act’s extraterritorial reach. Ennio Morricone...more

McDermott Will & Emery

Declaratory Judgment Action for Copyright Infringement Can Proceed Even If Defendant Doesn’t Own Registration

McDermott Will & Emery on

The US Court of Appeals for the 11th Circuit held that federal courts have jurisdiction to hear a declaratory judgment action for injunctive relief involving the Copyright Act even where the defendant does not have a...more

Hogan Lovells

Paul McCartney chants 'Get Back' again – The Future of Copyright Termination

Hogan Lovells on

The US Copyright Act of 1976 allows artists, writers, and musicians to “get back” grants of copyrights that had been previously licensed or assigned away. Specifically, artists can “terminate” their copyright arrangements...more

Proskauer - New Media & Technology

Virginia Court Dismisses Webcaster’s Suit Concerning Geofencing Workaround to Copyright Royalty Obligations

We previously wrote about a Virginia federal magistrate judge’s report recommending dismissal of a declaratory judgment action brought by several radio stations asking the court to rule that webcasts limited in scope via...more

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