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The Copyright Act Remand

McDermott Will & Emery

Easy Tiger: Docuseries Summary Judgment Remanded for Further Fair Use Consideration

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Addressing copyright fair use in the wake of the Supreme Court’s recent guidance in Warhol, the US Court of Appeals for the Tenth Circuit partially reversed the district court’s grant of summary judgment in favor of the...more

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

McDermott Will & Emery

Tenth Circuit Contributes Clarity to Contributory Liability in Copyright Infringement

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Addressing the elements of contributory copyright infringement, the US Court of Appeals for the Tenth Circuit found that a plaintiff had plausibly alleged contributory copyright infringement when he alleged that the...more

McDermott Will & Emery

It’s a Taking: Copyright Deposit Requirement Violates Fifth Amendment

Addressing the issue for the first time, the US Court of Appeals for the District of Columbia found that the Copyright Act of 1976’s requirement to deposit two copies of a work with the Library of Congress within three months...more

McDermott Will & Emery

Change in Law Leading to Case Dismissal Doesn’t Preclude Attorneys’ Fees

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Addressing the symmetrical fee-shifting provision of the Copyright Act and whether a prevailing defendant was entitled to fees even when the plaintiff moved to dismiss the case in response to a change in law, the US Court of...more

McDermott Will & Emery

After Supreme Court Remand, Copyright Infringement Claims Upheld in View of Registrant’s Unknown Inaccuracies

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In February 2022, the Supreme Court of the United States held in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., that lack of either factual or legal knowledge on the part of a copyright holder can excuse an inaccuracy in the...more

McDermott Will & Emery

Copyright Act's Safe Harbor Protects against Unknown Inaccuracies of Facts or Law

The Supreme Court of the United States held that lack of factual or legal knowledge can excuse an inaccuracy in a copyright registration under a safe harbor contained in the Copyright Act. As a result, an applicant’s...more

Morrison & Foerster LLP - Left Coast Appeals

This Week in the Ninth: City Skylines and Stadium Seating

This week, we take a look at Ninth Circuit decisions explaining the scope of the de minimis use defense in copyright infringement actions and clarifying the Americans with Disabilities Act’s requirements for spectator...more

Dorsey & Whitney LLP

SCOTUS Agrees to Consider Whether Copyright Act Section 411 Requires an Intent to Defraud

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The U.S. Supreme Court recently granted certiorari to tackle a technical copyright registration question: when a defendant alleges knowing inaccuracies in a copyright registration, does 17 U.S.C. § 411 require referral to the...more

McDermott Will & Emery

Copyright Office, Not Courts, Determines Validity of Registrations Containing Inaccurate Information

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With the validity of a copyright registration at issue, the US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s judgment after a jury trial and award of attorney’s fees in favor of the plaintiff...more

McDermott Will & Emery

Prayer for Declaratory Relief Invokes Copyright Act and Available Attorneys’ Fees

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Vacating the district court’s order denying a defendant’s recovery of attorneys’ fees under the Copyright Act, the US Court of Appeals for the Ninth Circuit held that, even when asserted as a claim for declaratory relief, any...more

Dorsey & Whitney LLP

Google v. Oracle: SCOTUS Grants Cert In The “Copyright Lawsuit of the Decade” - Now What?

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On November 15, 2019, the Supreme Court granted cert in Google LLC v. Oracle America Inc. For many observers, this was a long time coming; the parties have been litigating the underlying case since August 2010, and from its...more

McDermott Will & Emery

A Tale of Two (or 33) Copyrights: Calculating Statutory Damages

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Addressing § 504(c)(1) of the US Copyright Act, which permits an award of statutory damages in lieu of actual damages for copyright infringement, the US Court of Appeals for the Seventh Circuit considered a question of first...more

McDermott Will & Emery

“Full Costs” Under Copyright Act Means Those Specified in General Costs Statute

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In a unanimous decision authored by Justice Kavanaugh, the Supreme Court of the United States held that the term “full costs” in 17 USC § 505 of the Copyright Act has no special, expansive meaning, but is limited to the costs...more

Sunstein LLP

March 2019 IP Update - Not All Litigation Expenses Are Recoverable Under the Copyright Act

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On March 4, the Supreme Court overturned a ruling that required Rimini Street to pay $12.8 million for Oracle’s litigation costs in a copyright infringement case. Rimini Street, Inc. v. Oracle USA, Inc. Many of the costs...more

Coblentz Patch Duffy & Bass

Supreme Court Issues Two Copyright Rulings

The U.S. Supreme Court issued two rulings last week on copyright law. In both cases, they acted to resolve conflicts between the Circuits, following closely to statutory language....more

Jones Day

Jones Day Talks: Women in IP: The Supreme Court's "Copyright Day"

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In Fourth Estate Public Benefit Corporation v. Wall-Street.com, the U.S. Supreme Court tackled questions relating to copyright applications vs. copyright registrations, while in Rimini Street v. Oracle, the justices ruled on...more

Jones Day

No Longer Paid in Full: "Full Costs" Covers Only Taxable Costs in Copyright Cases

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A unanimous ruling by the Supreme Court held that the word "full" was insufficient to justify awarding additional, nontaxable costs to the prevailing party. Under the American Rule, the prevailing party ordinarily must bear...more

McNees Wallace & Nurick LLC

Supreme Court Issues Two Unanimous Decisions in Copyright Litigation Cases

On March 4, 2019, the U.S. Supreme Court issued two unanimous opinions interpreting provisions of the Copyright Act. In the first case, the Court decided that the Copyright Office must register a copyright before a copyright...more

Ballard Spahr LLP

Supreme Court Allows Copyright Actions Only After Office Acts on Application and Limits Recovery of Costs

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In two unanimous opinions, the Supreme Court on March 4, 2019, clarified two important issues under the Copyright Act—in both cases, based on a strict reading of the relevant text. ...more

Snell & Wilmer

SCOTUS: “Full Costs” Are Just Costs

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Today, March 4, 2019 the Supreme Court of the United States ruled in Rimini Street v. Oracle USA that “full costs” described in 17 U.S.C. § 505 of the (Copyright Act) are limited to the six categories of taxable costs set...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court Issues Two Unanimous Rulings Clarifying Meanings of ‘Registration’ and ‘Full Costs’ in Copyright Act

On March 4, 2019, the U.S. Supreme Court issued two unanimous decisions interpreting the Copyright Act. In Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, 586 U.S. ___, the Court resolved a circuit split over when...more

McDermott Will & Emery

Artists Denied Royalties Under CRRA Because of Federal Pre-Emption

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Addressing the California Resale Royalties Act (CRRA), the US Court of Appeals for the Ninth Circuit upheld a district court’s dismissal of a plaintiff’s CRRA claims concerning resale royalties that postdated the 1976...more

McDermott Will & Emery

“Raging Bull” and the Patent Act: Laches Still Available in Patent Cases - SCA Hygiene Products AB et al. v. First Quality Baby...

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The U.S. Court of Appeals for the Federal Circuit convened an en banc panel to examine the Supreme Court’s “Raging Bull” decision in Petrella v. Metro-Goldwyn-Mayer, Inc. in the context of deciding whether laches remains a...more

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