News & Analysis as of

Copyright Infringement

“Blurred Lines” Infringes Gaye’s “Got to Give it Up”, Ninth Circuit Holds

by Genova Burns LLC on

Yesterday, a divided panel of the Ninth Circuit Court of Appeals largely affirmed a trial court judgment finding that Pharrell Williams, Clifford Harris and Robin Thicke’s 2013 hit single “Blurred Lines” infringed upon the...more

Ninth Circuit Reviews Copyright Infringement Suit Over ‘Jumpman’ Logo

Nike won a challenge to its “Jumpman” logo when the U.S. Court of Appeals for the Ninth Circuit affirmed the lower court dismissal of a copyright infringement suit brought by a photographer....more

TVEyes Television Watch Service Not Protected by Fair Use

In Fox News Network, LLC v. TVEyes, Inc., Case No. 15-3886 (2nd Cir. 2018), the Second Circuit reversed a district court decision finding that a television broadcast search and watch service made fair use of Fox’s copyrighted...more

Embedding Content is Safe, Right? A Recent Case Says No, Creating Serious Concerns for Websites with Unlicensed Third-party...

by Fish & Richardson on

In the United States, copyright owners have a number of exclusive rights, including the right to publicly display a work of visual art. This would include, for instance, the right to post a copyrighted photograph on a...more

Big Loss For News Media In Copyright Case: Where Is Your Server, And Why Do I Care?

by Fox Rothschild LLP on

The digitization of content is forcing courts to take a fresh look at basic copyright concepts. The Disney v. Redbox case that I’ve recently blogged on addressed whether a digital download code is a “copy” of a work. Now a...more

Did The 9th Circuit “Blur the Lines” in its Latest Music Copyright Case?

by Dorsey & Whitney LLP on

As we entered the first full day of the equinox yesterday, a split panel of the Ninth Circuit Court of Appeals handed the heirs of Marvin Gaye a decisive victory that will no doubt leave them with a spring in their steps. The...more

Musical Artists Having A “Party and Bulls***” After Copyright Infringement Suit Dismissed

by Dorsey & Whitney LLP on

Several musical artists, producers, publishers and songwriters, including the estate of the Notorious B.I.G and Rita Ora, are celebrating after a U.S. District judge for the Southern District of New York dismissed a copyright...more

Did She Or Didn’t She?

This is the question a court in the Southern District of New York will be dealing with in a recent lawsuit filed against Destiny Hope, a/k/a Miley Cyrus and others. Does Miley’s chart topping 2013 hit song “We Can’t Stop”...more

Showdown at SCOTUS Looms as SDNY Judge Certifies Her Opinion on Embedded Tweets for Interlocutory Appeal

by Wilson Elser on

On February 15, 2018, U.S. District Judge Katherine B. Forrest rejected defendants’ motion for partial summary judgment in a case involving the embedding of an image online and called into question the applicability and...more

Artist Sues Lollapalooza Over Advertising and Festival Merchandise

by Reed Smith on

Last month, Juan Marco filed a copyright infringement suit against Live Nation and the other promoters of the summer music festival, Lollapalooza. According to the complaint, Marco granted a limited license to the concert...more

Can embedding a tweet make you a copyright infringer?

by Thompson Coburn LLP on

Is it illegal to use an embedded link that causes an image on another website to appear on your site? Well, it depends on the court. A federal judge in New York recently held that online publishers who embed tweets that...more

Notorious B.I.G Estate Evades Copyright Lawsuit

by Robins Kaplan LLP on

The estate of Christopher Wallace, better known as The Notorious B.I.G. or Biggie Smalls, reigned supreme last week in the Southern District of New York after U.S. District Judge Alison J. Nathan dismissed a copyright suit...more

“Party and Bull****” Copyright Plaintiff Serves Up Fair Use Defense With Political Critique

Here’s a tip for copyright owners. Your infringement complaint is not a good place to make political distinctions between the purpose of your work and that of the defendant’s. See that buzz saw you are walking into? It’s...more

Fair Use and Social Media Sites like BuzzFeed

Fair use, an evolving doctrine and a very popular fallback for those on the Internet, has continued to be “the most troublesome in the whole law of copyright.” Its goal has been to promote freedom of expression in order to...more

No Foul: “Jumpman” Can Keep Soaring

by Orrick - IP Landscape on

Rentmeester v. Nike, Inc., No. 15-35509, 2018 WL 1055846, at *6 (9th Cir. Feb. 27, 2018) (Judge Paul J. Watford) - On February 27, the Ninth Circuit upheld the dismissal of copyright claims against Nike, Inc. alleging that...more

Embedded Tweet May Constitute Copyright Infringement

In a decision making headlines, a New York federal court judge held that a tweet embedded in news stories may constitute copyright infringement....more

No “Happy Together” Ending for Common Law Public Performance Rights in Florida

by McDermott Will & Emery on

In a multi-jurisdictional dispute between a band and a satellite radio provider, the US Court of Appeals for the 11th Circuit adopted reasoning similar to that of the New York Court of Appeals (IP Update, Vol. 20, No. 3) in...more

Scraping Is OK, Copying Proprietary Software Is Not

by McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit found that the defendant did not violate California and Nevada computer crime laws when it scraped the plaintiff’s website for software updates (which were permissible to access)...more

Social Links: Inline link to tweet with photo could constitute copyright infringement; proposed California legislation could...

In a decision that has generated considerable controversy, a federal court in New York has held that the popular practice of embedding tweets into websites and blogs can result in copyright infringement. Plaintiff Justin...more

Two wins by the LEGO Group in China against Chinese copycats

by Hogan Lovells on

The LEGO Group rarely puts itself under the spotlight by talking about litigations but it made an exception on 7 December 2017 by applauding its recent victories against two Chinese infringers...more

Copyright in Architectural Works: An Update

by Field Law on

Who owns the copyright in a building? A few years ago, we looked at the issue of Copyright in House Plans, but let’s look at something bigger. Much bigger. In Lainco inc. c. Commission scolaire des Bois-Francs, 2017 CF...more

TVEyes Inc. Crosses the Boundary of Fair Use Defense in Copyright Infringement Case Against Fox News Network, LLC

by Bracewell LLP on

Plaintiff Fox News Network, LLC (“Fox”) brought a copyright infringement action against Defendant TVEyes, Inc. (“TVEyes”) for the copying and redistribution of Fox’s copyrighted content to consumers. On appeal, the United...more

All Eyes on Fair Use: The Second Circuit Delivers a Victory for Copyright Owners

In U.S. copyright law circles, one of the hottest topics of debate is the degree to which the fair use doctrine—which allows for certain unauthorized uses of copyrighted works—should protect companies building commercial...more

Alert: Bloggers Beware: New York Federal Court Holds In-Line Linking May Be Copyright Infringement

by Cooley LLP on

On February 15, 2018, a federal district judge in New York City ruled that in-line linking constitutes prima facie copyright infringement, an alarming decision inconsistent with appeals court precedent in California and other...more

New York Court Rebuffs Ninth Circuit’s Copyright “Server Test,” Finds Embedded Tweet Displaying Copyrighted Image to Be...

A New York district court recently held that a host of online news publishers and media websites that embedded certain tweets (containing unauthorized uploads of plaintiff’s copyrighted photo) on their websites violated the...more

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