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Class Action The Copyright Act

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Epstein Becker & Green

Matters of Time - SCOTUS Today

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The U.S. Supreme Court decided two cases yesterday, in each of which timing played a decisive role in the outcome. These cases did not produce the unanimity that has characterized most of the Court’s decisions so far this...more

ArentFox Schiff

Legal Considerations for GCs and CFOs in the Fashion and Retail Industry in 2024

ArentFox Schiff on

The fashion and retail industry experienced another year of considerable change in 2023. As advancements in artificial intelligence (AI) spurred innovation within the industry, consumers and regulators worldwide called for...more

Wiley Rein LLP

Photographers’ Challenge to Copyright “Server Test” Implicates Critical Internet Functions

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On August 28, 2023, two photographers filed a petition for rehearing en banc, urging the Ninth Circuit to reconsider its recent decision in Hunley v. Instagram, which held that Instagram could not be held liable for secondary...more

Venable LLP

Embedded Instagram Content Passes the Server Test, According to Ninth Circuit

Venable LLP on

On July 17, 2023, the Ninth Circuit affirmed the applicability of the "Server Test" to embedded content on third-party sites and affirmed dismissal of a copyright action in favor of defendant, social media platform Instagram....more

Smart & Biggar

Supreme Court of Canada rules on Crown copyright

Smart & Biggar on

On Thursday September 26, 2019, the Supreme Court of Canada issued its highly anticipated decision in Keatley Surveying Ltd v Teranet Inc (2019 SCC 43), finding that the Province of Ontario holds copyright in plans of survey...more

McDermott Will & Emery

Artists Denied Royalties Under CRRA Because of Federal Pre-Emption

McDermott Will & Emery on

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

Fenwick & West LLP

Top SCOTUS Cases that Matter for Tech, Life Sciences and Games Industries – 2018 Term Preview

Fenwick & West LLP on

As the U.S. Supreme Court kicks off its 2018 term this week, it prepares to take up a series of firsts, including questions about the America Invents Act, securities fraud and privacy-related class action litigation. At the...more

Dorsey & Whitney LLP

The Supreme Court - September 27, 2018

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States granted certiorari in five cases: Home Depot U.S.A., Inc. v. Jackson, No. 17-1471: (1) Whether an original defendant to a class-action claim can remove the class action if it...more

Fenwick & West LLP

Litigation Alert: Ninth Circuit Rules on Copyright Preemption of Right-of-Publicity Claims

Fenwick & West LLP on

Last week, in Maloney v. T3 Media, Inc., the U.S. Court of Appeals for the Ninth Circuit held that claims under state right-of-publicity law are preempted by the Copyright Act “when a likeness has been captured in a...more

Smart & Biggar

Canadian IP law and practice in 2016: reviewing the highlights

Smart & Biggar on

As the calendar turns the page from 2016 to 2017, we take the opportunity to review Canadian IP law and practice highlights from the past year....more

McDonnell Boehnen Hulbert & Berghoff LLP

Pay Now or Pay Later – Challenges Facing Spotify, Tidal, and Other Media Streaming Services Following a Series of Copyright...

Spotify USA Inc. (“Spotify”), the popular music streaming service with over 100 million active users and 30 million paying subscribers, continues to grow as an industry leader. Spotify launched in 2006 and reached over 20...more

Jackson Walker

‘The Autumn Wind’ and the Right of Publicity

Jackson Walker on

As a child of the 60’s and 70’s and an insatiable NFL football fan, I can still hear the swaggering voice of narrator John Facenda in the now-iconic 1974 NFL Films production “The Autumn Wind,” which has been dubbed The...more

BakerHostetler

Central District of California Holds That the California Resale Royalty Act Is Preempted by Federal Copyright Law

BakerHostetler on

As previously discussed on this blog, the validity of the California Resale Royalty Act (the “RRA,” Civil Code Section 986), a 1976 law that requires resellers of fine art to pay a royalty of 5 percent to the artists behind...more

Bond Schoeneck & King PLLC

Intellectual Property and Technology: Players’ Hail Mary Pass Incomplete: Copyright Trumps Right of Publicity in NFL Dispute...

Last month, the U.S. Court of Appeals for the Eighth Circuit stopped three former NFL players at the goal line when it rejected the players’ appeal in their likeness lawsuit against the NFL. The three former players,...more

Kelley Drye & Warren LLP

Eighth Circuit Tells Former NFL Players: Your Right Of Publicity Claims Are Preempted By The Copyright Act

The Eighth Circuit recently rejected three former NFL players’ appeal of a district court’s dismissal of their right of publicity claims, among other claims. John Frederick Dryer, Elvin Lamont Bethea, and Edward Alvin White...more

Blake, Cassels & Graydon LLP

Legal Trends: Intellectual Property

The previous federal government committed Canada to sweeping changes to the legislation and regulations governing virtually every category of intellectual property in the country. Some of these changes have largely already...more

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2015 #4

Eleventh Circuit Rejects Application of VPPA to Free App - The latest decision interpreting the application of the Video Privacy Protection Act in the context of twenty-first century technology provides positive news for...more

BakerHostetler

Transforming Works: The Second Circuit Rules That the Google Library Project Digitization Is a Transformative Fair Use in Authors...

BakerHostetler on

On October 16, 2015, the Second Circuit affirmed the district court’s ruling in Authors Guild, Inc. v. Google Inc., 954 F. Supp. 2d 282 (S.D.N.Y. 2013), previously reported here, that Google’s digitization of complete...more

Ballard Spahr LLP

Second Circuit Affirms Fair Use in Google Books Decision

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The Second Circuit Court of Appeals ruled today that Google's digitization of books for use in its Google Books and Google Books Library Project is not copyright infringement. The Court also ruled that providing a public...more

BakerHostetler

Google Prevails in the Latest Chapter of the Google Books Litigation

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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

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