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Copyright

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.

Second Circuit Tells Aggregator Claiming Standing to Sit Down

by Ballard Spahr LLP on

Clarifying the issue of who has standing to pursue copyright infringement claims, the U.S. Court of Appeals for the Second Circuit on Friday rejected an attempt by a stock photography agency to aggregate claims belonging to...more

$500,000 Given to Jam Manufacturer in Trade Secret Recipe Violation - Using Trade Secrets in the Accelerating World of...

by Vedder Price on

The Accelerating Rate of Commerce - Classical intellectual property protection, such as trademarks, copyrights and patents often require the filing of costly applications with government offices, long delays of review and...more

Southern District of New York’s Controversial Decision Creates East Coast/West Coast Rift in Approach to Embedded Photographs

For the past ten years, the copyright law addressing the legalities of a website’s provision of “inline” links to photos that reside on another website’s server seemed to be relatively well-settled and straightforward. Courts...more

District Judge in the SDNY: Embedding Links to Third-Party Web Content is Copyright Infringement

by Reed Smith on

Copyright holders have an exclusive right to display images and other works. For the last 10 years, news organizations and other website operators have relied on the Ninth Circuit’s opinion in Perfect 10, Inc. v. Amazon.com...more

Federal Judge Rules Embedded Tweet Violated Copyright

In a surprising ruling, U.S. District Court Judge Katherine B. Forrest, recently ruled that several news organizations and publishers violated a photographer’s copyright when they “embedded” a photo from Twitter on their...more

Beyoncé, Coldplay and Ed Sheeran Skating Debuts - Solid Gold at the Olympics

by Dorsey & Whitney LLP on

With the lifting of the International Skating Union ban on the use of music with lyrics, the Olympics in Pyeongchang is the first in which singles and pairs ice skaters can compete to music with lyrics (Ice Dancers have been...more

Copyright Office issues new restrictions on group registration of photos

by Thompson Coburn LLP on

Group registrations of photos will have new limitations beginning February 20, 2018. Photographers were previously able to register an unlimited number of photographs in a single registration application, for the regular $55...more

President Ford Ascends Copyright Mount Rushmore

On past Presidents’ Days, we have discussed the critical roles in the development of U.S. copyright law played by Abraham Lincoln (who extended copyright protection to photographs) and George Washington (whose correspondence...more

Be Like Grumpy Cat

News recently hit the wires that Grumpy Cat Ltd., the company behind the Grumpy Cat Internet “person”ality, was awarded over $700,000 in a trademark and copyright infringement lawsuit. The defendant was a licensee who was...more

Lawsuit Verdict Makes Grumpy Cat Smile

For anyone unfamiliar with internet cat personalities, Grumpy Cat is a well-known feline whose dwarfism and underbite culminate in a perpetual—and adorable—sour expression. Grumpy Cat’s real name is Tardar Sauce. In 2012,...more

Preferential principles of taxation concerning authors (including employee - authors) following the amendment to the regulations

by Hogan Lovells on

On 1 January 2018, provisions of the Personal Income Tax Act were amended in respect of, among other things, the settlement of revenue generating costs by so-called “authors” (Art. 22 Sec. 9 Sec. 9a, and the new Sec. 9b of...more

DSM Watch: The European Copyright Reform – JURI Vote scheduled for 27 March 2018

by Hogan Lovells on

We have reported a couple of times on the efforts by the European Union to modernize EU copyright law and make it fit for the digital age. Now, it is almost one and half years ago that the Commission presented its first draft...more

Enforce your repeat infringer policy

by Thompson Coburn LLP on

Seinfeld famously noted that taking the reservation is not nearly as important as holding the reservation. In the same way, Internet service providers must do more to avoid liability than enact a repeat infringer policy –...more

Mildly Satisfied, Still Grumpy: Grumpy Cat Prevails over Infringers

by Jaburg Wilk on

Celebrity kitty Tardar Sauce aka “Grumpy Cat” (or, rather, the entity that owns rights to the GRUMPY CAT brand) has prevailed on its claims of breach of contract and trademark and copyright infringement against a beverage...more

Watch out for the Creative Commons catch

by McAfee & Taft on

You own a small business and want to sharpen your marketing profile by adding some new images to your company website. You hope to save on costs but not skimp on quality, so you go on the Web and find some nifty photographs...more

Let the Games Begin – Let Marketers Beware!

by Dorsey & Whitney LLP on

You’ve heard it before and you’ll hear it again – Stay away from any advertising or promotional ideas that suggest authorization, sponsorship or an official connection to the Olympics. This means not using the Olympic Rings...more

BMG V. Cox Is Major Copyright Victory For Music Industry

by Morrison & Foerster LLP on

While reversing and remanding for a new trial in light of certain errors in the jury instructions, the Fourth Circuit Court of Appeals has largely sided with the copyright holders in the dispute between BMG Rights Management...more

From Runway To Replica: The Most Fashionable Intellectual Property Infringement Beefs Of 2017

New York Fashion Week (NYFW) 2018 kicks off on Thursday, February 8 through Friday, February 16, with a full schedule of exciting an exhilarating runway shows. This year’s designers include many of the usual faces, like Tom...more

Cox Not Entitled to DMCA Protection Given Lax Infringer Policy

In its February 1, 2018 decision in BMG Rights Management (US) LLC, et al. v. Cox Commc’ns et al., No. 16-1972 (4th Cir. 2018), the U.S. Court of Appeals for the Fourth Circuit affirmed the denial of Cox Communication’s...more

Copyright Office Clarifies Rules on Protection and Damage Award Linked with Group and Database Copyright Applications

by Vedder Price on

With the continued growth of Internet-related new technologies, authors, website operators and photographers are producing larger and larger volumes of digital content. The Coalition of Visual Artists surveyed 1,744...more

“Everyday I’m Hustlin’” to Ensure Valid Registrations

by McDermott Will & Emery on

Addressing for the first time the 2008 amendment to the Copyright Act’s effect on the standard for invalidating a copyright registration, the US Court of Appeals for the 11th Circuit held that a copyright registration may...more

Appeals Court Rejects DOJ Expansive Interpretation of Music Consent Decree

by Jones Day on

The Background: Since 1941, performing rights organizations ("PROs"), which pool the copyrights held by a work's composer, songwriter, and publisher and collectively license those rights to music users, have been subject to...more

Q&A: Why you should consider registering your copyright in Vietnam

by Hogan Lovells on

Following our recent Q&A on copyright registration in China, we now turn to Vietnam where there is also a voluntary copyright registration system....more

Europe: Can new “hate speech” legislation set the mould for the Copyright Directive?

by Hogan Lovells on

The phenomenon of so-called “Hate Speech” has been in the public eye for a while now, but particularly in German news. Hate speech denotes verbal attacks and accusations based on personal attributes such as race, religion,...more

Ninth Circuit Has Whale Of A Time Affirming Summary Judgment In Copyright Case Of Crossing Dolphins

by Fox Rothschild LLP on

The Ninth Circuit issued an opinion last Friday that seems second nature. The court affirmed summary judgment for Wyland Galleries against marine wildlife artist Pieter A. Folkens, who claimed Wyland copied Folkens’s drawing...more

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