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Copyright Infringement

Copyright Basics

by Workman Nydegger on

Copyright protection is contemplated under the Constitution of the United States and governed by the U.S. Copyright Act. More specifically, Article 1, Section 8, Clause 8 of the United States Constitution includes...more

Heavy jail sentence handed down on illegal set-top boxes sellers in Hong Kong

by Hogan Lovells on

On 28 December 2017, the District Court of Hong Kong handed down sentences varying from 21 to 27 months’ imprisonment against 3 individuals who took part in a scheme that enabled users of the “Maige Set Top Box” (the “Maige...more

Still Wondering Whether SCOTUS Will Resolve The Copyright Registration Debate

by Fox Rothschild LLP on

This post follows up on my prior blog post regarding the case pending at the United States Supreme Court involving the question of when a copyright holder can properly file a copyright infringement lawsuit. The petitioner,...more

Anonymous Internet Users Beware: New Presumption in Favor of Unmasking the Losing Anonymous Defendant

Following a recent decision from the Sixth Circuit, anonymous bloggers and other Internet users who post third-party copyrighted material without authorization have cause for concern. They may be unable to preserve their...more

Intellectual Property Bulletin - Winter 2018

by Fenwick & West LLP on

Crowdsourced Content in Video Games: How Ownership Issues Almost “Ganked” a Copyright Case - In Blizzard Entertainment v. Lilith Games (Shanghai) Company, a federal court denied a motion for partial summary judgment for...more

Music Publishing Company Sues Spotify for $1.6 Billion

Spotify has a growing copyright problem and as previously discussed on this blog, they are no stranger to copyright infringement lawsuits. Wixen Music Publishing Inc. recently filed a complaint seeking $1.6 billion in...more

China: Annual online piracy crackdown campaign 2017: Results announced

by Hogan Lovells on

The results of the 2017 edition of China’s annual online piracy crackdown campaign, called the “Sword Net Action” (????), were recently published. As we announced earlier, the 2017 crackdown campaign promised to take a heavy...more

Presumption in Favor of Unmasking Copyright Infringers

by McDermott Will & Emery on

The US Court of Appeals for the Sixth Circuit recognized “a presumption in favor of unmasking anonymous defendants when judgment has been entered for a plaintiff.” Signature Management Team v. Doe, Case No. 16-2188 (6th Cir.,...more

Oh, the Places Copyright and Trademark Law Go!

In a case described by the judge as presenting an “important question regarding the emerging ‘mash-up’ culture,” a jury will consider the copyright and trademark claims raised by a Star Trek version of Dr. Seuss’s Oh, the...more

Newsletter Sent to US Customers Insufficient to Establish Personal Jurisdiction

by McDermott Will & Emery on

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

‘Secret’ keys to effective legal demands and responses

by Thompson Coburn LLP on

Internet disputes are often resolved through correspondence. But effective dispute-resolving correspondence often differs from what most people think of as “cease-and-desist letters,” “lawyer letters” or...more

If You Build It, They May Sue - Floor Plans, Elevations and Copyright Infringement

by Nexsen Pruet, PLLC on

You see them everywhere — Internet sites, open houses, Parade of Homes, and builders and designers providing copies of architectural works, floor plans, and depictions of home exteriors (sometimes called elevations) on which...more

Dr. Dre Wins Partial Summary Judgment in Copyright Infringement Lawsuit

by Robins Kaplan LLP on

Andre Romelle Young, a.k.a Dr. Dre, was awarded partial summary judgement after a Kentucky federal judge found the hip-hop mogul and NWA member not liable for copyright infringement of plaintiff’s sound recording. ...more

DMCA Safe Harbors Will Discontinue for Websites and Internet Service Providers that Fail to Electronically Register their...

by Ladas & Parry LLP on

Proprietors of websites that host user generated content and online search engines and directories have long benefitted from the safe harbors available to them under the Digital Millennium Copyright Act (DMCA). These safe...more

Second Circuit Affirms “Fractional Licensing” Decision

by Brooks Pierce on

The Second Circuit Court of Appeals ruled this week that the ASCAP and BMI antitrust consent decrees do not prohibit “fractional licensing” of songs. Fractional licensing means that if there are non-ASCAP or non-BMI...more

The Digital Millennium Copyright Act (DMCA) Registration is due by December 31st, 2017

by Ervin Cohen & Jessup LLP on

The Digital Millennium Copyright Act (DMCA) is a safe harbor from copyright infringement liability for “online service providers.” An “online service providers” is a website that falls into one of the four following...more

Textile Design Similarity In The Eye Of The Beholder (The Jury): H&M Found Liable For Copyright Infringement

by Dorsey & Whitney LLP on

On December 7, a federal jury in Los Angeles awarded $846,720 in damages to Unicolors, Inc. in its suit against H&M Hennes & Mauritz, LP for copyright infringement of a textile design. Unicolors, Inc. v. H&M Hennes & Mauritz...more

Federal Court Rules Against Calzone Franchisor In Meaty Lawsuit Against Former Franchisee

by Seyfarth Shaw LLP on

In a meaty decision involving the intersection of restrictive covenant and franchise law, the United States District Court for the Southern District of Ohio recently denied a request by D.P. Dough Franchising, LLC (“D.P....more

Dr. Seuss is Drooling Over Court’s Pre-Holiday Ruling

by Dorsey & Whitney LLP on

You know of this lawsuit, we’ve blogged on it twice, It’s time for a check-in, to see who’s naughty and nice. The Plaintiff as you know is the heir of Dr. Seuss, And fussing and fuming about an alleged unfair use....more

Deadline Approaching to Update Designated Agent Under the Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA) protects eligible internet platforms from secondary liability for copyright infringement under the “safe harbor” of 17 U.S.C. § 512. One condition of safe harbor protection is that...more

If Your Company’s Websites or Blogs Host User-Generated Content, Please Read This Client Alert!

by Morrison & Foerster LLP on

In the classic rock song “Light My Fire,” ‘60s icon and the Doors’ lead singer Jim Morrison sang, “The time to hesitate is through.” If your company operates a website or blog that hosts user-generated content, and has yet...more

Dec. 31 Deadline to Preserve DMCA Service Provider Immunity

By Dec. 31, 2017, eligible service providers must use a new online system at the Copyright Office to designate agents to receive Digital Millennium Copyright Act (DMCA) takedown notices. This is true for all eligible service...more

Reminder: Service Providers Must Comply with New Requirements for Copyright Safe Harbor by December 31, 2017

As we discussed in our previous alert, the deadline for internet service providers to re-register electronically for copyright safe harbor protection is rapidly approaching on December 31, 2017....more

Copyright Small Claims Bill Introduced

Copyright owners are one step closer to being able to pursue copyright infringement actions through a copyright small claims system. A new bipartisan House bill has introduced the Copyright Alternative in Small-Claims...more

December 31, 2017: Last Day To Designate DMCA Agent Or Lose Safe Harbor Eligibility

by Seyfarth Shaw LLP on

Starting December 31, 2017, all online service providers (which includes website owners) who want to take advantage of the Digital Millennium Copyright Act (DMCA) Safe Harbor must designate a registered agent with the U.S....more

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