News & Analysis as of

Copyright Litigation

Advanced Copyright Issues on the Internet

by Fenwick & West LLP on

Over the years, the Internet has become the basic foundational infrastructure for the global movement of data of all kinds. With continued growth at a phenomenal rate, the Internet has moved from a quiet means of...more

Copyright Suit Against HBO Tossed

by Robins Kaplan LLP on

HBO escaped a copyright lawsuit on Tuesday May 1, after a New York federal judge dismissed claims filed against the network by a graffiti artist. Last July, Itoffee R. Gayle, sued the television network for featuring his...more

No More Monkey Business: The Ninth Circuit Finds Monkeys Cannot Sue For Copyright Infringement

by Weintraub Tobin on

The Ninth Circuit was recently faced with a novel issue: Does a crested macaque, or generally speaking, a monkey, have the right to sue humans, corporations, and companies for damages and injunctive relief arising from claims...more

Courts Split on How to Determine Statutory Damages for Copyright Infringement

by Polsinelli on

The recent decision in Energy Intelligence Group, Inc. v. CHS McPherson Refinery, Inc. highlights a circuit split regarding how courts determine the statutory damages available for copyright infringement where multiple...more

Establishing Copyright is Not Monkey Business

Next time you think of commissioning your dog to create some artwork, you’d better think twice. According to the Ninth Circuit Court of Appeals, animals do not have standing as copyright owners to sue for infringement under...more

Intellectual Property - Copyrights - The World in US Courts: Spring 2018

Spanski Enters., Inc. v. Telewizja Polska, S.A., US Court of Appeals for the District of Columbia Circuit, March 2, 2018. The Carsey-Werner Co., LLC v. British Broadcasting Corp., US District Court for the Central District...more

Ninth Circuit Makes Monkey Out Of PETA In Copyright Suit

by Fox Rothschild LLP on

The Ninth Circuit dropped the curtain last week on nearly three years of litigation waged by People for Ethical Treatment of Animals (PETA) against wildlife photographer David Slater in the infamous “Monkey Selfie” case by...more

Monkeys Lack Standing to Sue for Copyright Infringement

Well, it’s official: Naruto, the crested macaque monkey who took photographs of himself while on a reserve on the island of Sulawesi, Indonesia in 2011, lacks statutory standing under the US Copyright Act to sue for copyright...more

Monkey See, Monkey Sue: Ninth Circuit Finds Naruto Cannot Sue Under Copyright Act

by Genova Burns LLC on

Last week, the Ninth Circuit Court of Appeals panel affirmed dismissal of copyright infringement claims brought on behalf of a macaque monkey, Naruto, against a wildlife photographer. The Court found that Naruto had...more

Copyright Is No Monkey Business, Rules the Ninth Circuit

by Wilson Elser on

On April 13, 2018, the Ninth Circuit Court of Appeals affirmed the dismissal of a copyright infringement lawsuit brought on behalf of a very dexterous monkey, Naruto, that managed to take selfies with an unattended camera...more

Artist Sues for Infringement of “Moral Rights”

by Field Law on

A professional photographer sued the gallery that sold his works, and won a damage award for copyright infringement, infringement of moral rights, and punitive damages. In this case (Collett v. Northland Art Company Canada...more

A Tale Of Two Geoblocks: 2018’s Cases On Extraterritorial Broadcasts Lead To Differing Results

by Orrick - IP Landscape on

Spanski Enterprises v. Telewizja Polska, D.C. Cir. (March 2, 2018) and Carsey-Werner Company, LLC v. British Broadcasting Corporation, et al., C.D. Cal. (Feb. 23. 2018) - As TV shows and other copyrighted content are...more

A Monkey Could Do That!

by Fox Rothschild LLP on

Though apparently not when it comes to suing for copyright infringement. Earlier this week, the Ninth Circuit issued a ruling in a case involving photographs taken by a monkey on a camera left unattended by a nature...more

Historical Fact or Creative Expression? Anastasia Copyright Dispute Proceeds to Trial

by Dorsey & Whitney LLP on

Winston Churchill famously commented in 1939 that Russia was “a riddle wrapped in a mystery inside an enigma.” The same could be said about Grand Duchess Anastasia Romanov, daughter of Russian Tsar Nicholas II, who was...more

It’s 2018: The Impact Of IP Decisions From 2017

by Ladas & Parry LLP on

2017 saw a bumper crop of Supreme Court decisions on intellectual property matters around the world including eight by the United States Supreme Court, two by the Canadian Supreme Court, and two by the United Kingdom Supreme...more

Jones Day Talks Intellectual Property: Blurrier Lines and Narrow Grounds—Implications of the Ninth Circuit’s Blurred Lines...

by Jones Day on

When does inspiration turn into copyright infringement? The line is getting blurrier. Jones Day’s Meredith Wilkes, Anna Raimer, and Aryane Garansi explain how the Ninth Circuit’s decision—on “narrow grounds”—in the Blurred...more

A Picture Is Worth a Thousand Words, but Owning a Piece of the Bundle Is Priceless.

by McDermott Will & Emery on

In a case where a licensee granted the right to sue was bounced by the district court for lack of standing, the US Court of Appeals for the Second Circuit ruled that under § 501(b) of the Copyright Act, assignees of the bare...more

Second Circuit Suggests that the Value of an Accused Secondary Use Dictates What Constitutes Fair Use

by Foley & Lardner LLP on

In a recent decision, the Second Circuit further clarified the confines of permissible fair use, reversing the district court’s ruling that functionality that enabled customers to search for videos by term, and to view and...more

Reassessing Embedding: When In-Line Linking May Get You In Trouble

by Orrick - IP Landscape on

Opinion, Goldman v. Breitbart News Network, LLC, No. 17-03144 (S.D.N.Y. Feb. 15, 2018) (Judge Katherine B. Forrest) - News reporters, bloggers, and other online media outlets beware: know where your embedded images and...more

Tyler the Creator Sued for Copyright Infringement

by Robins Kaplan LLP on

Rapper Tyler, the Creator (“Tyler”), is facing a lawsuit for copyright infringement, which alleges he illegally sampled a 1971 soul song, “Why Can’t There Be Love,” in his 2015 hit, “Deathcamp.” ...more

Case to Watch: Goldman v. Breitbart, involving embedded Tweets of Tom Brady recruiting Kevin Durant in the Hamptons

by Foley & Lardner LLP on

The Southern District of New York has teed up an important copyright issue for interlocutory appeal, which could create a circuit split with the Ninth Circuit’s 2006 decision in Perfect 10, Inc. v. Amazon.com, Inc. On March...more

It’s Back: U.S. Fed. Circ. Overturns Fair-Use Verdict And Revives Oracle’s Suit Against Google

by Ladas & Parry LLP on

On Tuesday, March 27, 2018, the U.S. Court of Appeals for the Federal Circuit overturned a unanimous 2016 jury verdict that held that Google’s use of Oracle’s Java programming language in the development of its...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

After almost a year of fending off a hostile takeover bid from rival PPG Industries, Dutch paint and chemical giant Akzo Nobel has agreed to sell its specialty chemicals unit to PE firm Carlyle Group for $12.5 billion in a...more

Blurred Lines Between Inspiration and Infringement: Ninth Circuit Holds "Blurred Lines" Infringes Copyright

by Jones Day on

The Decision: The Ninth Circuit upheld the district court decision finding Pharrell Williams and Robin Thicke's song "Blurred Lines" infringed the copyright in Marvin Gaye's song "Got To Give It Up." The Reasoning: Based...more

Blurred Lines: You Could Decide The Next Big Music Copyright Case!

by Cole Schotz on

In 2015, a California jury decided that the mega-hit “Blurred Lines” by Pharrell Williams, Robin Thicke, and Clifford Harris (a/k/a “T.I.”) infringed the copyright in Marvin Gaye’s song, “Got To Give It Up.” The jury awarded...more

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