News & Analysis as of

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

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

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 Infringement Damages Upheld in File Sharing Case

The Tenebaum copyright infringement file sharing case, about which we first reported in an earlier blog, reached another milestone this week when the First Circuit upheld the jury’s $675, 000 damages award. Tenenbaum had been...more

First Circuit Affirms $675,000 Award Against Joel Tenenbaum: Gore Test Does not Apply to Statutory Damages under Copyright Act

This week, the First Circuit affirmed a $675,0000 statutory damages award against college student Joel Tenenbaum for copyright infringement. The Court held that the damages award, based on Tenenbaum’s illegal downloading and...more

Felications On The Anniversary Of Your Natal Date

How many times have you sung “Happy Birthday” in your life? Or heard it sung? Now, have you ever wondered whether you (or the hundreds of millions of other people who sing the song) are infringing someone’s copyright in the...more

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

Hart v. Electronic Arts, Inc., U.S.C.A., Third Circuit, May 21, 2013 - Third Circuit reverses district court’s grant of summary judgment dismissing claim of plaintiff, former college football player, for violating his...more

Advertising Law - Apr 25, 2013

- Marc Roth Invited to Present on Privacy Issues in Marketing at NYC Bar CLE Program: On May 3, 2013, the New York City Bar Center for CLE and the Brand Activation Association (formerly the Promotion Marketing...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 19, 2013

- Capitol Records, LLC v. ReDigi, Inc., USDC S.D. New York, March 30, 2013 ..District court grants summary judgment in favor of plaintiff Capitol Records on its copyright claims against ReDigi, online “reseller” of...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 7, 2013

In This Issue: - Wild v. NBC Universal: Ninth Circuit affirms dismissal of copyright infringement claim without leave to amend, finding no substantial similarity between plaintiff’s graphic novel and NBC’s...more

Not My Anne - Possible Perils Of Book Cover Designs

Last week we got to enjoy watching a bit of a kerfuffle develop after Canadian news outlets trumpeted the availability on Amazon.com of a print-on-demand edition of the first three "Anne of Green Gables" books which featured...more

Bratz Litigation Has Provided Fertile Grounds for Attorney Fee Disputes

The Bratz litigation between Mattel and MGA Entertainment has provided fertile grounds for attorney fee disputes. In the latest installment, the Ninth Circuit upheld a $137 million attorney fee award in favor of MGA as a...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

Click & Copy: Breach of Online License Agreements & Copyright Infringement

My article Click and Copy: Breach of Online License Agreements and Copyright Infringement was published in Canadian Intellectual Property Review in December. The enforceability of click-through licenses for online...more

ICANN’s domains under attack

Originally published in the December 2012/January 2013 issue of Intellectual Property Magazine. In the wake of ICANN’s failure earlier this year to dismiss anti-trust allegations arising from the new generic top level...more

What’s The Big Idea? Protecting Employer-Owned Intellectual Property

Originally published in the December 2012 issue of The HR Specialist. With the year-end holidays fast approaching, many businesses are in the midst of assessing their 2012 performance and planning for 2013. If those...more

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