News & Analysis as of

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.

The World In U.S. Courts - Fall 2017

FSIA Does Not Exempt US Bank from Subpoena for Production of Records of Accounts Maintained by Central Bank of Nigeria - The World in U.S. Courts: Fall 2017 - Foreign Sovereign Immunity Act (FSIA)/Political Question Doctrine....more

Reminder: By December 31, 2017, Online Service Providers Must Re-Register DMCA Agents Registered Before December 1, 2016

by Davis Wright Tremaine LLP on

December 31, 2017, is a key deadline for online service providers that store content provided by third-party users. By that date, providers must designate an agent with the Copyright Office for receipt of Digital Millennium...more

When is a Copyright “Registered” for Purposes of Filing Suit?

On May 18, 2017, the Eleventh Circuit Court of Appeals dismissed a copyright infringement complaint and added further to a circuit split on when copyright “registration” occurs for purpose of filing a copyright infringement...more

Deadline to Renew Your Copyright Agent Notice for DMCA Safe Harbor December 31, 2017

If you operate a website or other online service that permits users to post content, listen up. You could be liable for potential copyright infringement if one of your users posts content that infringes a copyright. ...more

Trebled Damages Means No Injunction for Knock-Off Software

by McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit affirmed in part, reversed in part and remanded a district court finding that a defendant was liable for breach of a software license agreement and therefore infringed the...more

Ensure Your Safe Harbor Protection – (Re)Designate Your DMCA Agent This Month

by Fish & Richardson on

The Copyright Office has announced a change that requires all internet service providers to re-designate their DMCA agent electronically by December 31, 2017. The Digital Millennium Copyright Act (DMCA) offers a safe...more

Sixth Circuit Suggests Liability for Copyright Infringement May Justify Reduced First Amendment Protection for Anonymous Speech,...

by Reed Smith on

Ruling on what it characterized as an issue of first impression, the U.S. Court of Appeals for the Sixth Circuit suggested that a judgment of liability in a copyright infringement case may be a tipping point justifying the...more

Should Old Designations Be Forgot: A NYE Deadline for DMCA Agent Designations

If you serve as a Digital Millennium Copyright Act (DMCA) agent or have clients who do, then you should ensure your official designations with the U.S. Copyright Office won’t automatically expire once the New Year rolls in....more

"Types" of Protection for Font and Typeface Designs

As a counterpoint to our article last month regarding a copyright infringement and breach of contract lawsuit filed against Target over a computer font program, we provide a brief overview of the options for protecting the IP...more

Posting Service Entitled to Broad Immunity Under CDA

by McDermott Will & Emery on

The US Court of Appeals for the First Circuit agreed with the district court that posting service immunity under the Communications Decency Act (CDA) should be “broadly construed,” and that the act of posting complaints was...more

CJEU rules on Cloud Recorder: Transmission constitutes a communication to the public that requires the right holders consent

by Hogan Lovells on

On 29 November 2017, the European Court of Justice (CJEU) handed down a decision on a video recording service that stores TV programmes online in a cloud (C-265/16 – VCAST). ...more

Reaction Videos and Fair Use

Platforms such as YouTube allow individuals to post videos online for the world to see. Because YouTube and other such video hosting services derive revenue through ads placed on popular videos, content creators have...more

Register Early and Often or at Least Try to: Preparing for Copyright Enforcement

Unlike other intellectual property rights, copyright automatically exists when an original work of authorship is fixed in a tangible form of expression. So, while copyright owners may choose to register a copyright claim with...more

Business Litigation Report - November 2017

The Un-Crisis Crisis Law and Strategy Group - No Two Situations Are Alike—That’s the Challenge “How fast can you get to…” “Let’s see. I just got back from London. We’ll be there tomorrow.” As our founder John Quinn...more

Two Copyright To-Dos Before Year End

by Stinson Leonard Street on

Tackle the following two tasks before year end to help protect your company from copyright infringement liability and secure your copyright assets in 2018....more

DMCA Safe Harbor: Registration Required By December 31, 2017

by Akerman LLP on

Under certain circumstances, U.S. Copyright Law provides for “safe harbor” protection from liability for copyright infringement to entities (e.g., ISPs and website operators) hosting content provided by third parties. To...more

Demi Lovato, Idina Menzel, and Disney Sued Over Frozen Song “Let It Go”

by Robins Kaplan LLP on

Demi Lovato, Idina Menzel, and Disney are amongst the defendants who were sued over the hit song, “Let It Go,” featured in the popular 2013 Disney film, Frozen....more

Blockchain: Use Case – Copyright

by Hogan Lovells on

In the context of the digital use of copyrighted works, the concept of the “value gap” has been around for some time. The question is whether authors and rights holders are sufficiently involved in the revenues generated by...more

Can a Software Developer Copyright the Output of Its Software?

As technology becomes increasingly advanced and complex, it seems that a new software emerges every day to perform some novel function. Whether it is computer generated imagery (CGI) or deciphering a code in a bible, software...more

Graffiti Artists “Tag” Developer in Court: Graffiti Art Protected Under Visual Artists Rights Act in Advisory Verdict

by Dorsey & Whitney LLP on

Earlier this month, in Cohen et al v. G&M Realty LP et al., a jury impaneled in the U.S. District Court for the Eastern District of New York found that a developer violated the Visual Artists Rights Act of 1990 (“VARA”) when...more

Operate A Website? Don’t Miss The 12/31 Deadline To Update Your DMCA Notice

by Fox Rothschild LLP on

If you operate a website that accepts user-generated content, now is the time to contact the Copyright Office. Many online service providers (OSPs) accept user-generated content. Examples include e-commerce websites that...more

‘Gotcha’ copyright claims can prompt ‘gotcha’ ownership defenses

by Thompson Coburn LLP on

Copyright law is full of technicalities, which claimants love to exploit. But defendants can exploit technicalities, too. As copyright owners more aggressively assert their claims, defendants are taking closer looks at all...more

November 2017: Trademark & Copyright Litigation Update

When Is a Copyright Owner Allowed to Sue? The Supreme Court May Decide. A recent decision by the U.S. Court of Appeals for the Eleventh Circuit, Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC, 856 F.3d 1338...more

Webinar Recording: Digital Single Market 2018 – It is becoming real!

by Hogan Lovells on

On Tuesday 14 November the Hogan Lovells DSM Taskforce (our dedicated pan-EU team of lawyers tracking the Commission’s DSM strategy) had its annual live meeting in Brussels to discuss the progress of the implementation of the...more

IP Audit – the Fifth Circuit Cuts a Big Hole in the IP Safety Net – Time to See if Your Business Can Still Be Protected?

by Fish & Richardson on

It is time for an IP audit for any company doing business in Texas following the U.S. Fifth Circuit Court of Appeals decision last week in Motion Medical Technologies LLC, et al. v. Thermotek Inc. v. TRI 3 Enterprises, LLC,...more

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