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Books

Copyright Claim from Out of the Blue

Leslie Weller has sued Gillian Flynn, author of the book Gone Girl and a host of others, for infringing Wellers’s copyright in a novel titled Out of the Blue. What is interesting about this case (aside from the fact that...more

“A Gronking To Remember” Plaintiffs Lose Right Of Publicity Appeal

For those of you in desperate need of Christmas present ideas for a New England Patriots fan, you can rest assured that your ironic backup option – a copy of the romance novel, A Gronking to Remember – is still available for...more

Court Pens New Chapter In Milo Yiannopoulos’ Suit Against Simon & Schuster

by Fox Rothschild LLP on

After the outspoken conservative commentator Milo Yiannopoulos sued Simon & Schuster this summer for allegedly breaching their contract to publish his autobiography Dangerous, Simon & Schuster threw the book at Yiannopoulos...more

The Grinch loses and protection of parody wins

by Thompson Coburn LLP on

Someone once said make sure your words are sweet as you may have to eat them. In the attached decision, the Judge finds the play "Who’s Holiday" is a parody entitled to fair use. He grants Plaintiffs’ motion for judgment on...more

The Grinch that stole fair use?

by Thompson Coburn LLP on

Since the Supreme Court’s 1994 Campbell v. Acuff-Rose Music landmark decision, courts have expanded fair use protection. While not a license to take liberally from another work, the fair use test has often tilted in favor of...more

A Recipe For Sanctions: “No reasonable copyright attorney … would have filed this complaint.”

If you are going to file a copyright infringement complaint based on a cookbook, beware. Copyrights in cookbooks are considered “thinner” than copyrights in many other types of literary works. There are several reasons for...more

Three Point Shot - June 2017

by Proskauer Rose LLP on

"12th Man" Suit Forces Aggies to Call an Audible on Traditional Copyright Defenses - Texas A&M University's "12th Man" is at the center of a legal blitz facing the University's Athletic Department. On January 19, 2017,...more

Curiouser and Curiouser: Copyrights and Trademark Rights are Not Perfect Reflections

by Knobbe Martens on

Much like the world of Underland created in Lewis Carroll’s book Alice Through the Looking Glass, the blurring between copyright and trademark rights can create a topsy-turvy universe....more

Keep Reading: Standing Affirmed, but Barnes & Noble Data Breach Class Action Halted

by Orrick - Trust Anchor on

It was about time for data breach defendants to get a win. The District Court for the Northern District of Illinois delivered one to Barnes & Noble in its long-running class action that stems from a breach suffered in 2012....more

Data Breach Class Action Case Dismissed Against Barnes & Noble

A federal judge in Illinois dismissed the class action lawsuit filed against Barnes & Noble stemming from a data breach in 2013. The breach occurred when credit and debit card PIN pads were compromised at 63 Barnes & Noble...more

MoFo IP Newsletter - August 2016

by Morrison & Foerster LLP on

Supreme Court Abolished Federal Circuit's Test for Willfulness - On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s...more

Book Review: The World According to Star Wars

by Reed Smith on

It was right after our selfie with Minion Captain America that we saw it. We were marching up and down the aisles, dodging empire storm troopers. Bright lights and backbone-rattling sounds shot out of the Nickelodeon and Star...more

Harry Potter And The Cursed Legal Update

It has been about a year since we published Harry Potter Lawsuits and Where to Find Them, my attempt at a comprehensive review of Harry Potter-related litigation. Why update the article now? Two reasons. First: The...more

The Pleads Of The Many: 50 Years of Star Trek Lawsuits

This year marks the fiftieth anniversary of the premiere of the original series of Star Trek, which first aired on NBC in September 1966. On July 22, this milestone will be marked in earnest when Paramount Pictures releases...more

Does Copyright Protect Facts?

by Field Law on

By Richard Stobbe A documentary film is, by its nature, a work of non-fiction. It expresses a set of facts, arranged and portrayed in a particular way. If a fictional novel is written, based on a documentary film, is...more

Viral Marketers Beware – In Alabama, Sales Tax Nexus Created for Out-of-State Bookseller Even Though In-State Teachers Not Acting...

by McDermott Will & Emery on

After a quarter of a century, the school book nexus cases continue to proliferate, delight and mystify. The latest installment in the saga is from Alabama. Scholastic Book Clubs, Inc. 2931 v. State Of Alabama Department Of...more

Missed Connections: Seeking The Girl on the Train, Found Girl on a Train

The Wall Street Journal recently reported the spike in e-book sales of Alison Waines' two-year-old novel, Girl on a Train. The cause? Apparently, some customers thought they were purchasing The New York Times' best seller...more

MarkIt to MarketTM - November 2015

The November issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses how authors can better protect titles of creative works in the U.S., outlines seven best practices for social media marketers seeking to quickly...more

Anne Frank’s “Diary of a Young Girl”: a Derivative Work with a Co-Author

by BakerHostetler on

On January 1, 2016, Adolf Hitler’s Mein Kampf and Joseph Goebbels’ diaries will both enter the public domain in most of Europe, where the term of protection ends 70 years after the death of a work’s author. One of the Nazi’s...more

Orwellian Enforcement of Orwellian Copyright?

George Orwell’s famous novel 1984 would describe this situation as “doubleplusungood.” Josh Hadley, an internet radio host and a self-described “harsh film critic with no sense of subtlety or tact,” recently met the ire...more

Tomaydo-Tomahhdo

by BakerHostetler on

Earlier this week, the Sixth Circuit ruled the “Tomaydo-Tomahhdo Recipe Book” was not creative enough to warrant a copyright. The case started when Rosemarie Carroll (and related companies) sued her ex-partner, Larry Moore...more

Second Circuit Holds That Google Book-Scanning Project Is Fair Use

by Fish & Richardson on

Last Friday, the Second Circuit ruled that Google’s project to digitize and index millions of copyrighted books without permission from the copyright owners is a non-infringing fair use. Through its book-scanning projects,...more

The Second Circuit’s Apple Ebooks Opinion

The Second Circuit affirmed the district court and held, 2 to 1, that defendant Apple Inc. had violated Section 1 by masterminding the creation, organization and implementation of a conspiracy by five publishers of ebooks...more

Authors and Booksellers to Justice Department: Investigate Amazon

We recently wrote about the Second Circuit’s June 30, 2015 decision affirming Judge Denise Cote’s decision that Apple conspired with five publishing companies to raise the price of e-books....more

Connecticut Court Sinks Claim That History Of American Submarine Infringes Copyright

A recent decision from Judge Jeffrey Alker Meyer in the District of Connecticut may make waves in the world of nonfiction copyright. The decision throws out a copyright case that, among other things, emphasized two...more

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