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Copyright Litigation Intellectual Property Protection

Robins Kaplan LLP

The Second Circuit Reaffirms Volitional Conduct is Needed for Direct Copyright Infringement

by Robins Kaplan LLP on

The Second Circuit confirms volitional conduct is needed to hold internet service providers liable for direct copyright infringement—it just disagrees what “volitional conduct” actually means. ...more

Fox Rothschild LLP

Comic Relief! “Stolen Joke Case” Settles Weeks Before Trial

by Fox Rothschild LLP on

After almost four years of litigation between TBS late-night talk show host Conan O’Brien and comedy writer Alex Kaseberg over five jokes Kaseberg alleged Conan and his writing team stole from Kaseberg’s Twitter feed, the...more

Bennett Jones LLP

Obituary Piracy Assessed

by Bennett Jones LLP on

Thomson v. Afterlife Network Inc., 2019 FC 545, is a Federal Court decision in which the Court considers the existence of copyright in obituaries used in an e-commerce context....more

McDermott Will & Emery

Picture This: No Direct Infringement but no Fair Use Either

by McDermott Will & Emery on

Addressing the use of third-party photographs on a real estate listing website, the US Court of Appeals for the Ninth Circuit found no direct copyright infringement, notwithstanding the display of thousands of copyrighted...more

Robins Kaplan LLP

I Feel Glorious – Macklemore Overcomes Copyright Suit

by Robins Kaplan LLP on

“I feel glorious, glorious,” Macklemore is saying. On Tuesday, April 23, a Louisiana federal judge in the Fifth Circuit dismissed a 2017 lawsuit claiming that Macklemore and Ryan Lewis unlawfully sampled Paul Batiste’s sound...more

Fox Rothschild LLP

Court Kicks Joke Experts Off Stage As “Stolen Joke Case” Heads For Trial

by Fox Rothschild LLP on

The cast list for the upcoming trial between TBS late-night talk show host Conan O’Brien and comedy writer Alex Kaseberg just got shorter as District Court Judge Janis Sammartino dropped the curtain on Kaseberg’s two expert...more

Thompson Coburn LLP

Montana court finds copyright lawsuit is all hat, no cattle

by Thompson Coburn LLP on

All is fair in love and war. Political campaigns seem to get a break too, based on a copyright infringement case involving the Republican National Committee’s copying of a photograph used in a political advertisement. A...more

Brooks Kushman P.C.

Embracing New Technology Vs Litigation: If You Can’t Beat Them, Join Them

by Brooks Kushman P.C. on

Multiple entertainers have sued Epic Games Inc. for copyright infringement, and other claims, due to “emotes” or animated dance moves in its Fortnite video game. It is understandable that these entertainers would try to...more

Dickinson Wright

How to Avoid Copyright Infringement of Online Image

by Dickinson Wright on

Are you at risk for huge losses? Are you using images on your website that you clipped from the Internet? Do you know for sure? Did you leave these decisions to your webmaster? Are you certain you have the rights to use...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market - March 2019: The Switch by Nine Compels “A Stitch in Time” Approach to Copyright Filings

The Switch by Nine. Earlier this month, the U.S. Supreme Court clarified when a copyright owner can sue for infringement, settling the conflicting interpretations of the Copyright Act’s “registration” requirement, which we...more

Blank Rome LLP

Cheaters Never Prosper, but Video Game Developers Might

by Blank Rome LLP on

Cheating in video games is nothing new. But the methods by which game developers now seek to punish such conduct are changing. Recently, developers have tried combating cheating by filing civil lawsuits under federal...more

Weintraub Tobin

Dr. Seuss And Fair Use, What 20+ Years Will Do!

by Weintraub Tobin on

Over twenty years ago, the Ninth Circuit decided the case of Dr. Seuss Enterprises., LP v. Penguin Books USA, Inc. That case involved a copyright infringement lawsuit brought by Dr. Seuss over a book entitled The Cat NOT in...more

Stinson LLP

Supreme Court Holds Copyright Owners Must Wait to Commence an Infringement Suit Until After the Copyright Office Acts

by Stinson LLP on

Although copyright registration is voluntary, the U.S. Copyright Act incentivizes copyright owners to register their works with the U.S. Copyright Office....more

Locke Lord LLP

Register Before You Sue: SCOTUS Affirms Registration by Copyright Office as a Prerequisite to Infringement Litigation ?

by Locke Lord LLP on

Someone has infringed your copyright. Can you immediately file a copyright infringement ?lawsuit? Well, that depends. Specifically, it depends on whether you have registered your ?copyright with the U.S. Copyright Office....more

Brooks Pierce

Music Law 101: Copyright Infringement and Fair Use

by Brooks Pierce on

As we have previously discussed, the owner of the copyright in a work has certain exclusive rights in that work. Anyone who violates the exclusive rights of the copyright owner is an infringer of that copyright. To...more

Weintraub Tobin

Fresh Prince’s Alfonso Ribiero Denied Copyright Registration For The Carlton Dance

by Weintraub Tobin on

As we previously wrote on this blog, Alfonso Ribiero, better known as Carlton Banks from the Fresh Prince of Bel Air filed suit against multiple videogame publishers, including the publisher of NBA 2K and Fortnite for...more

Thompson Coburn LLP

Dentist’s failed suit demonstrates a copyright’s bite needs more than teeth

by Thompson Coburn LLP on

You can copyright just about any design, right? Not quite. Those who think there are no teeth in copyright law’s originality requirement only need to look at Dr. Mitchell Pohl’s before-and-after photos portraying his...more

Brooks Pierce

Music Law 101: Transfer of Copyright and Termination

by Brooks Pierce on

As we have previously discussed, a copyright is first owned by its author (whether individually or on a “work made for hire” basis). Like with any other property, the author can transfer ownership of a copyright (in whole or...more

McDermott Will & Emery

Hell 2 Da Naw Pay Up Statutory Damages Award

by McDermott Will & Emery on

Addressing the proper procedure for electing statutory damages under the Copyright Act, the US Court of Appeals for the Sixth Circuit affirmed the district court, agreeing that the plaintiff had properly informed the court of...more

McDermott Will & Emery

Second Circuit: No First Sale Doctrine for Reproduced Digital Files

by McDermott Will & Emery on

Holding that reproduction of a digital file for purposes of resale does not fall under the “first sale” doctrine of the Copyright Act, the US Court of Appeals for the Second Circuit affirmed the district court’s grant of...more

Hogan Lovells

iPunkt recap… Will CJEU follow Advocate General on unauthorised sampling opinion?

by Hogan Lovells on

In December 2018, CJEU Advocate General Szpunar took the view that the reuse of a sound sequence in a new song (referred to as sampling) without the author’s permission violates copyright law (case C-476/17 – Moses Pelham et...more

Fox Rothschild LLP

O’Brien Roasts Plaintiff In Copyright Dispute Alleging Jokes Too Stale To Be Stolen

by Fox Rothschild LLP on

The drama is building in the comic clash between TBS late-night talk show host Conan O’Brien and comedy writer Alex Kaseberg over jokes Kaseberg claims O’Brien and his writing team stole from him....more

Akin Gump - Excubitor

Celebrity Dancers Leap to Sue Popular Video Game Maker to Protect Their Reputations

by Akin Gump - Excubitor on

Epic Games, creator of the popular online video game Fortnite, faces a whirl of legal challenges from the celebrities who popularized the dance moves used by its character emotes. Fortnite is free-to-play, but offers players...more

Thompson Coburn LLP

Social media photos, once again, are not fair game

by Thompson Coburn LLP on

For those who missed the message five years ago that social media photos aren’t free to use, a new decision, Otto v. Hearst, has renewed and reinforced that message. And the factual circumstances of Otto — a media grab from...more

Foley Hoag LLP - Trademark, Copyright &...

Smiles Like Teen Spirit: “Smiley Face” Copyright and Trademark Litigation

You may think the phrase “million-dollar smile” is just a metaphor, but a smile could cost you millions of dollars in litigation damages if you aren’t careful, at least according to Nirvana LLC, the legal entity that owns the...more

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Updated: May 25, 2018:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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