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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.

Monkey-Selfie Case Returns—To Court & (Maybe) a Theater Near You

I confess: I have mixed emotions regarding the iconic “monkey-selfie” photo and all the hubbub it has created. Don’t get me wrong; I think monkeys are wonderful, and the photo deserves its iconic status. Who can resist...more

Copyright Term: When Does a Work Enter the Public Domain?

by Workman Nydegger on

Years ago, there was a radio show that featured a lawyer who would take calls from listeners and answer their legal questions. A man called into the show and said he had obtained some photographs of warplanes from a museum. A...more

The Ninth Circuit’s Perplexing Article III Statements In Naruto V. Slater And Cetacean Community V. Bush.

by Fox Rothschild LLP on

In Naruto v. Slater, 2018 WL 1902414 (9th Cir. April 23, 2018)-the case in which Naruto, a crested macaque by and through his alleged “next friends,” People for the Ethical Treatment of Animals, sued a photographer and his...more

No, Animals Cannot Claim Authorship Under The Copyright Act

by Cole Schotz on

Animal selfie enthusiasts rejoice – your pet cannot sue you for copyright infringement for reproducing their pictures online under the Copyright Act of 1976. The United States Court of Appeals for the Ninth Circuit (“Ninth...more

In infringement, sometimes the little things don’t mean a lot

by Thompson Coburn LLP on

In the immortal words of "Caddyshack"'s Ty Webb, a flute without holes is not a flute. Similarly, a de minimus infringement is not an infringement, according to a New York federal judge, who ruled that a “fleeting shot” of...more

DSM Watch: EU Copyright reform – where do we stand?

by Hogan Lovells on

Reform of EU copyright is the core of the Commission’s Digital Single Market strategy. Various legislative initiatives have been proposed but the “heart” of the reform is without a doubt the proposal for a new copyright...more

The King and IP: A Copyright Tussle between LeBron’s Uninterrupted and the University of Alabama

Let’s talk shop. With LeBron James. Sounds cool right? That’s what James and his partner Maverick Carter thought when their entertainment company Uninterrupted developed The Shop. On The Shop, James and his friends, business...more

IP+T Intelligence Newsletter - May 2018

by Robinson & Cole LLP on

In the past several months, cryptocurrencies have been all over the news with the meteoric rise in the value of Bitcoin up to $20,000. At its peak in early January 2018, the total market capitalization of all cryptocurrencies...more

Contract Corner: US Intellectual Property Ownership – Default Laws

by Morgan Lewis on

Protecting intellectual property rights is a critical component to the success of a technology company. In order for a tech company to determine how to protect its intellectual property, the company should understand how the...more

Crypto Copycats Beware: Fair Use Of Financial Technology In Wake Of Oracle v. Google

by Locke Lord LLP on

FinTech companies beware: your use of code that was originally developed via open-source methods may not be shielded from future copyright infringement claims by the fair use doctrine. Recently, in Oracle America, Inc. v....more

Can Congress Do Something Right? The Music Modernization Act And Why It Matters

by Fox Rothschild LLP on

The House of Representatives unanimously passed the Music Modernization Act last week by a vote of 415-0! Imagine our divided Congress passing anything with no opposition. This is actually not uncommon with music industry...more

Blockchain as a Content Distribution Technology: Copyright Issues Abound

Content owners and their attorneys have been enthusiastically anticipating the use of blockchain as a mechanism for royalty accounting, recording the chain of title of intellectual property interests, and protecting, tracking...more

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

Why Register My Copyrights? The Benefits of Copyright Registration

by Jaburg Wilk on

Copyrights arise automatically when an original work is created. Copyrights protect “original works of authorship,” which include paintings, illustrations, sculpture, photographs, books, articles, poems, movies, songs,...more

The Music Modernization Act: Congress Poised to Pass Legislation Updating Music Copyright Royalties for the Digital Age

by Orrick - IP Landscape on

On April 25, 2018, the House of Representatives unanimously passed H. R. 5447, otherwise known as the “Music Modernization Act” (MMA). The bill, which now awaits Senate action, amends the Copyright Act in multiple ways, most...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

What Will Happen To The New Prince Songs

There is a battle brewing over songs by Minnesota’s own Prince. I, for one, am anxious for the dispute to be resolved so we can enjoy these recordings. Who knows, there may be another worldwide hit “Purple Rain” out there....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

Pornography Dispute Sheds Light on DMCA Safe Harbor Defense

by McDermott Will & Emery on

In a dispute pertaining to copyright infringement of pornographic films created by the plaintiff, the US Court of Appeals for the Ninth Circuit affirmed the district court’s grant of summary judgment in favor of a defendant...more

Blurred Lines Songwriters Have Got to Give It Up for the Gaye Family

by McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a district court’s judgment after a jury trial, ruling that the song “Blurred Lines” infringed Marvin Gaye’s 1970s song “Got To Give It Up.”...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

Foreign Broadcaster Infringed US Copyright Through Online Streaming

by McDermott Will & Emery on

Addressing for the first time the issue of whether the US Copyright Act governs a performance that originated abroad but is accessible by viewers in the United States, the US Court of Appeals for the District of Columbia held...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

NBA 2K Tattoo Copyright Dispute Blocked

A case of whether tattoos are entitled to de minimis and fair use copyright protection continues to move through the courts, with a New York federal judge allowing a tattoo artist’s lawsuit against a video game manufacturer...more

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