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

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

Tenth Circuit Contributes Clarity to Contributory Liability in Copyright Infringement

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

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

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

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

No Remix: Copyright Act Preempts Right Of Publicity Claim

The US Court of Appeals for the Second Circuit found that the federal Copyright Act preempts a state right of publicity claim when the latter is merely “a thinly disguised effort to exert control over an unauthorized [use of...more

For Your Information, Eighth Circuit Upholds Copyright Protection for Database Compilation

The US Court of Appeals for the Eighth Circuit addressed the copyright protection afforded to an information database and whether comments made to a reporter while litigation was ongoing violated the disparagement clause in a...more

Lightbulb Moment: It’s Possible to Grant an Implied Copyright Sublicense

Addressing for the first time the issue of implied copyright sublicenses, the US Court of Appeals for the First Circuit held that where a copyright license provides an unrestricted right to grant sublicenses, a copyright...more

That’s All He Wrote: Copyright Owners No Longer Enjoy Presumption of Irreparable Harm

Addressing for the first time the issue of whether a presumption of irreparable harm should apply in copyright infringement cases, the US Court of Appeals for the Third Circuit held that it did not, aligning the rule for...more

Hell 2 Da Naw Pay Up Statutory Damages Award

Addressing the proper procedure for electing statutory damages under the Copyright Act, the US Court of Appeals for the Sixth Circuit affirmed the district court, agreeing that the plaintiff had properly informed the court of...more

Newsletter Sent to US Customers Insufficient to Establish Personal Jurisdiction

Addressing whether to exercise personal jurisdiction over defendants whose only tie to the forum was an allegedly infringing newsletter sent to 10 California residents, the US Court of Appeals for the Ninth Circuit upheld the...more

“Who’s on First?” Routine in Broadway Play Strikes Out as Transformative Fair Use

The US Court of Appeals for the Second Circuit determined that a Broadway play’s verbatim use of William “Bud” Abbott and Lou Costello’s “Who’s on First?” comedy routine was not a transformative fair use, but nonetheless...more

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