Copyright

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
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Business Litigation Report -- June 2014

In This Issue: - Main Article: ..Tronox Inc. v. Anadarko Petroleum Corp. (In re Tronox Inc.) – Bankruptcy Court Takes Unusual Steps to Declare Corporate Restructuring a Fraudulent Transfer - Noted With...more

Laches, Statutes of Limitations and Raging Bull: The Supreme Court Re-Emphasizes The Pitfalls Of Delay In Copyright Cases

In Petrella v. Metro-Goldwyn-Mayer, Inc., 572 U.S. __ (2014), the United States Supreme Court addressed the role that the equitable defense of laches – i.e., a plaintiff’s unreasonable and prejudicial delay in commencing suit...more

Amini Sues Yuan Tai Enterprises - Again

Amini Innovation Corporation ("AICO") filed suit on June 30, 2014 in the United States District Court for the Central District of California (AICO's home court) again Yuan Tai Enterprises, Inc., a Texas corporation. The...more

Copyright Litigation and the Risk of Double Costs

An American photojournalist, Ms. Leuthold, was on the scene in New York City on September 11, 2001. She licensed a number of still photographs to the CBC for use in a documentary about the 9/11 attacks. The photos were...more

Quasi-Broadcasting and Copyright – End of an Aereo?

In a highly anticipated decision, the Supreme Court on June 25, 2014, issued an opinion that ruled that web-based TV streaming service Aereo violated copyright law by providing a service substantially similar to cable...more

Leuthold v CBC: “Industry Practice” in Interpreting Contracts

When, if ever, can “industry practice” be used in interpreting contracts? That question is of particular relevance in the entertainment industries, as each facet of those industries (such as film, TV, music, book publishing,...more

Aereo infringes broadcasters’ copyrights, US Supreme Court rules – coming impact for streaming and cloud services?

The United States Supreme Court has held that online video startup Aereo Inc. infringes broadcasters’ copyrights in on-air programming when Aereo transmits the programs to its Internet subscribers. Ruling on June 25,...more

The Scope of Copyright Protection over Sherlock Holmes Characters Is Far from “Elementary”

The copyright clause of the U.S. Constitution incentivizes the creation of original works of art by granting authors exclusive rights in such works for “limited Times.” U.S. Const. art. I, § 8, cl. 8. The idea is to strike a...more

New EU actions on enforcement of Intellectual Property Rights

On 1 July, the European Commission has adopted two communications on (i) an Action Plan to address infringements of intellectual property rights (IPRs) in the EU and (ii) a Strategy for the protection and enforcement of...more

Doing Business in Canada: Intellectual Property Protection

INTELLECTUAL PROPERTY PROTECTION - Effectively protecting a business’s intellectual property rights has become an increasingly important element of safeguarding the success of many businesses nowadays. The following is...more

American Broadcasting Cos. v. Aereo, Inc.

American Broadcasting Cos. v. Aereo, Inc. - U.S. Supreme Court, June 25, 2014: U.S. Supreme Court holds that Aereo’s near-contemporaneous transmission of broadcast television programs over Internet to subscribers...more

Supreme Court Issues Ruling on Aereo and the Public Performance Right

On June 25, 2014, the US Supreme Court reversed a decision of the Second Circuit and held that Aereo publicly performs copyrighted television programming. The case has important implications for the public performance right...more

Did “Raging Bull” Punch Led Zeppelin and Send Spirit Toward Stairway to Heaven?

More than 40 years after releasing what many music aficionados consider to be the greatest classic rock song ever written, Led Zeppelin faces a lawsuit alleging that it was written (in part) by someone else. At issue is the...more

ABC v. Aereo: Copyright Infringement By Intercepting and Rebroadcasting Copyrighted Programming

In American Broadcasting Companies, Inc. v. Aereo, Inc. (June 25, 2014, No. 13-461) 2014 U.S. Lexis 4496, the issue before the court was “[w]hether a company ‘publicly performs’ a copyrighted television program when it...more

Aereo infringes broadcasters’ copyrights, US Supreme Court rules – coming impact for streaming and cloud services?

The United States Supreme Court has held that online video startup Aereo Inc. infringes broadcasters’ copyrights in on-air programming when Aereo transmits the programs to its Internet subscribers. Ruling on June 25,...more

“Oh right. . . THAT thing!” Designated Agent Required Prior To DMCA Copyright Infringement Safe Harbor

The recent case of Oppenheimer v. Allvoices is, if nothing else, a cautionary tale for everyone who wants to start the next big social networking site or provide any internet service with user-generated content. The moral is...more

Bernstein Shur Business and Commercial Litigation Newsletter #41

We are pleased to present the 41st edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent Supreme Court cases that address securities class actions, copyright law, and...more

Fees for Recording IP Security Agreements with the USPTO and USCO

In financing transactions, such as loans or securitizations, lenders will typically take a security interest in the borrower's assets pledged as collateral, including any United States intellectual property ("US IP") assets,...more

Cheap Internet TV Thwarted?

Earlier this year, the Supreme Court of the United States agreed to hear a high-stakes copyright case that pitted the huge network television broadcast industry against Aereo, Inc., a small, obscure Internet...more

Supreme Court Rules in Favor of Broadcasting Companies in Aereo’s Copyright Battle Over Internet Television Streaming

The United States Supreme Court on June 25, 2014, held that Aereo’s system for capturing and recording broadcast TV programming, and then streaming that programming to individual subscribers, “performs” that programming...more

Supreme Court Invalidates Aereo’s Streaming Service, Finding Existing Copyright Law Applies to the New Technology of Internet...

The recent rapid development of the Internet and other new modes of communication has raised significant questions about whether existing copyright laws adequately protect the rights of content creators. On June 25,...more

Supreme Court Effectively Shuts Down Aereo's Television Streaming Service

The Supreme Court of the United States announced an important copyright decision last Wednesday in American Broadcasting Cos. v. Aereo, Inc. (573 U.S. ____ (2014)). The 6-3 decision by Justice Breyer reversing the United...more

Supreme Court Sides with Broadcasters in Aereo Decision

In a highly-anticipated decision, the Supreme Court last week released its decision in ABC v. Aereo, holding that the transmission of over-the-air broadcast signals by Aereo’s tiny antennas constitutes a “public performance”...more

IP Solicitation Scams on the Rise

In recent months, an increasing number of companies have reported receiving official-looking intellectual property notices and solicitations. These fraudulent solicitations may take the form of invoices, renewal notices, or...more

The Supreme Court Rules in Favor of Broadcasters in American Broadcasting Companies v. Aereo, Inc.

On June 25, 2014, the Supreme Court issued a highly anticipated decision involving the latest clash of technology and copyright that marks a significant victory for television broadcasters. In American Broadcasting Companies...more

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