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Copyright Litigation

International Lawyers Network

The Paraskavedekatriaphobia Precedent: Why Friday The 13th Decision Raises Fear Of Slashing Long-Held Copyrights

Admittedly, the second word in that title is a mouthful—but Paraskavedekatriaphobia is a real word, with an etymology and definition. It even has a synonym, friggatriskaidekaphobia. Each means “fear of Friday the...more

McDermott Will & Emery

Oh the Horror: No Work for Hire in Friday the 13th Screenplay

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit affirmed a summary judgment grant, ruling that an author was an independent contractor when writing the screenplay for a horror film and entitled to authorship rights, and...more

Dorsey & Whitney LLP

You Know His Name (Jason). You Know the Story (Friday the 13th). But Do You Know Who Owns Jason? The Second Circuit Does - and the...

Dorsey & Whitney LLP on

As of today, there have been twelve (yes, twelve!) movies released as part of the Friday the 13th series of horror films, as well as a television series. For those of you who have not seen any of these films, they are not for...more

Littler

Producers of Creative Work Beware

Littler on

The U.S. Court of Appeals for the Second Circuit recently held that the creator of The Friday the 13th screenplay could terminate his copyright grant to Horror Inc. (the producer of the movie franchise) and reclaim it. ...more

McDermott Will & Emery

Copyright Claims Board’s Proposed Rulemaking: How to Initiate and Respond to a Claim

McDermott Will & Emery on

In January 2021, Congress enacted the Consolidated Appropriations Act. This legislation incorporates the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020, which includes revisions to the Copyright Act with...more

Saiber LLC

Southern District of New York Rejects Ninth Circuit’s Copyright Analysis Regarding Embedded Images

Saiber LLC on

In a recent case, Nicklen v. Sinclair Broadcast Group, Inc., the United States District Court for the Southern District of New York, rejecting the rationale of a case decided by the United States Court of Appeals for the...more

McDermott Will & Emery

A Tale of Two Authors: Determining Ownership Rights of Novels Adapted for Theatre

McDermott Will & Emery on

The US Court of Appeals for the First Circuit vacated the district court’s opinion and order that Roberto Ramos Perea, the playwright who adapted the novels of prominent Puerto Rican author Enrique Laguerre for theatre, was...more

Thompson Coburn LLP

No more half measures: pleading infringer knowledge in contributory copyright infringement claims

Thompson Coburn LLP on

A California judge has dismissed the copyright infringement and Digital Millennium Copyright Act (DMCA) claims of a photographer who sued Pinterest after he found his photos on the popular social media website. Professional...more

McDermott Will & Emery

De Minimis Defense Doesn’t Protect Minimal Use of Concededly Infringing Material

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit reversed a district court’s grant of summary judgment in favor of the defendant in a copyright case based on a “minimal usage” or de minimis use defense. Richard N. Bell v....more

Wilson Sonsini Goodrich & Rosati

Thinking of Framing or Embedding Content? New York Federal Courts Question the Copyright "Server Test"

Imagine you operate a website. Another website posts an image or video that you want to discuss on your site. In most circumstances, you cannot simply copy and repost that content without obtaining a license, because someone...more

Foster Garvey PC

Ongoing Strife Between Studios and Talent Continues as Christopher Nolan Ends Nearly Two-Decade-Long Relationship With Warner...

Foster Garvey PC on

- Esteemed filmmaker Christopher Nolan’s decision to leave his 19-year-long relationship with Warner Bros. for Universal to make his next film (about Robert Oppenheimer and the creation of an atomic bomb) continues to...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - San Diego Gulls’ Wings Clipped in Dispute Over Logo Copyright

Weintraub Tobin on

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between the San Diego Gulls Hockey Club and ECHL, Inc....more

Weintraub Tobin

The Briefing by the IP Law Blog: San Diego Gulls’ Wings Clipped in Dispute Over Logo Copyright

Weintraub Tobin on

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between the San Diego Gulls Hockey Club and ECHL, Inc....more

Morrison & Foerster LLP - Left Coast Appeals

This Week in the Ninth: City Skylines and Stadium Seating

This week, we take a look at Ninth Circuit decisions explaining the scope of the de minimis use defense in copyright infringement actions and clarifying the Americans with Disabilities Act’s requirements for spectator...more

McDermott Will & Emery

Unhappy Together: No Right of Public Performance under California Copyright Law

Addressing for the first time whether California law establishes a right of public performance for the owners of pre-1972 sound recordings, the US Court of Appeals for the Ninth Circuit found no such right for music and...more

McDermott Will & Emery

Second Circuit: Supreme Court Google Precedent Doesn’t Alter Copyright Law’s Fair Use Analysis

Addressing fair use as an affirmative defense to copyright infringement, the US Court of Appeals for the Second Circuit amended its recent opinion, reversing a district court’s summary judgment in favor of fair use. The Court...more

Morgan Lewis - Tech & Sourcing

Like Embedded Content, Server Test on Display – A Conversation with Andrew Gray

As part of our Spotlight series, we connect with Andrew J. Gray IV, a partner in Morgan Lewis’s IP-Technology group, to discuss the recent focus on embedded copyright cases based on a court’s unwillingness to apply the server...more

McDermott Will & Emery

When Pictures Aren’t Pictures: Real Estate Agent-Generated Floor Plans Are Outside Copyright Infringement Exception for Pictorial...

McDermott Will & Emery on

Examining whether the Architectural Works Copyright Protection Act enacted in 1990 protects the creation of floor plans, the US Court of Appeals for the Eighth Circuit held that such technical drawings generated for...more

Quinn Emanuel Urquhart & Sullivan, LLP

Trademark & Copyright Litigation Update – August 2021

Conflicts in the Duration of Copyright Protections Under United States and International Law - An issue that courts have not yet addressed, but which may become of increasing significance for musicians, authors, artists,...more

Foster Garvey PC

As Streaming Continues to Surge, More Backend Compensation Disputes Between Talent and Studios Likely to Follow

Foster Garvey PC on

- Beyoncé’s announcement of building a hemp farm (together with a honey farm) brings the perceived health benefits of CBD even further into the mainstream. Could this momentum ultimately lead to positive conversations around...more

Proskauer - Minding Your Business

Federal Judge Finds Copyright Issues “Embedded” in Social Media Re-Posts

Judge Jed Rakoff of the Southern District of New York recently denied a motion to dismiss in a copyright dispute involving the unlicensed “embedding” of a social media video. In doing so, the court explicitly and definitively...more

Proskauer - New Media & Technology

Another NY Court Repudiates Ninth Circuit “Server Test” in Case over Embedded Video

On July 30, 2021, a New York district court declined to dismiss copyright infringement claims with respect to an online article that included an “embedded” video (i.e., shown via a link to a video hosted on another site). ...more

International Lawyers Network

Supreme Court Finds Google’s Copying of Oracle’s APIs a Fair Use

A recent Supreme Court decision has finally put an end to the longstanding fight between Oracle and Google concerning Google’s use of Oracle’s copyrighted Java Application Programming Interfaces (APIs). The Supreme Court’s...more

Foster Garvey PC

Sports & Entertainment Spotlight: The Steady Evolution of Athlete Endorsement and Sponsorship Markets and the Latest Household...

Foster Garvey PC on

Some of this week's highlights include: - Emerging trends are showing signs of change in the sponsorships and endorsement markets. A segment once largely overlooked, athletes in the LGBTQ+ community are finally ringing in...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One,...

Weintraub Tobin on

In this week's podcast of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit Ruling on the copyright aspects of Dr. Seuss "Mashups." Cases discussed: Dr. Seuss Enterprises v. Penguin...more

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