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Copyright Evidence

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.
International Lawyers Network

Trademark Opposition Proceedings in Canada: Proposed Changes Now in Place

In July 2024, I discussed proposed changes to trademark proceedings in Canada. Following a public consultation period, revised Regulations came into force on April 1, 2024 that incorporate those proposed changes. The changes...more

Miller Nash LLP

Disney Prevails in ‘Moana’ Copyright Case: Lessons for Creators

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On March 10, 2025, a federal jury delivered a verdict in favor of Disney in a closely watched copyright infringement lawsuit. In Buck G. Woodall v. The Walt Disney Co., et al., screenwriter and animator Buck Woodall claimed...more

Vondran Legal

Photo Infringement Can Be Costly and Up to $150,000 Per Image Infringed!

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Here is a case from the opposite coast of the United States. This case may be looked at as persuasive authority in cases filed in the 9th circuit...more

EDRM - Electronic Discovery Reference Model

OpenAI Generates a ‘Hired Gun Hacker’ Defense to the N.Y. Times Copyright Case

Most everyone in the AI and legal worlds by now knows about the New York Times (“NYT”) suit against Microsoft and various Open AI entities (“OAI”). The NYT alleges copyright infringement by the practice of OAI, and most all...more

Venable LLP

Stemming the Tide: Ed Sheeran’s Copyright Victory Brings Changes to Copyright Evidentiary Burden

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A United Kingdom High Court recently ruled in favor of singer-songwriter Ed Sheeran (Sheeran) in a contentious copyright infringement case over his 2017 song, Shape of You (“Shape”). The Court granted Sheeran’s claim for...more

Dorsey & Whitney LLP

“All the Way Up” to the Second Circuit

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Fly Havana and Fat Joe are heading “All the Way Up” to the Second Circuit for “Another Round.” Earlier this month Fly Havana appealed New York District Court Judge Naomi Reice Buchwald’s conclusion that Fly Havana had...more

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

MarkIt to Market® - June 2021: Unicolors Regroups and Gets Supreme Court to Consider Copyright Invalidation Standard

Earlier this month, the Supreme Court granted Unicolors' request for review of the Ninth Circuit’s decision in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. (9th Circ. 2020). According to Unicolors, the Ninth Circuit’s...more

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

MarkIt to Market® - June 2021

The June 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses recent litigation surrounding copyright registration invalidation and implications of the increase in trademark application filings at the USPTO....more

Hogan Lovells

China: what you need to know about the amended Copyright Law

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On 11 November 2020, China's National People's Congress adopted an amended version of the Copyright Law, which will take effect on 1 June 2021. This is the first comprehensive revision of the Copyright Law since 2001, and the...more

International Lawyers Network

WIPO introduces new business online-service that provides evidence of an intellectual asset’s existence

On 27 May 2020 WIPO launched new online business service, WIPO PROOF, that provides tamper-proof evidence of the existence at a point in time of any digital file, including data sets, in any format. The WIPO PROOF service...more

Hogan Lovells

Ninth Circuit holds that determination of copyright originality ill-suited for disposition on a motion to dismiss

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The Ninth Circuit recently reversed the dismissal of copyright infringement claims in Hall v. Taylor Swift finding a lack of sufficient facts or evidence of record to justify a summary conclusion of lack of originality for...more

McDermott Will & Emery

Of Passion, Prejudice and Punitive Damages

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Addressing an issue of damages, the US Court of Appeals for the Ninth Circuit vacated the district court’s grant of punitive damages in favor of the plaintiff, finding “passion and prejudice” mitigated finding of “malice”....more

International Lawyers Network

Joint authorship of copyright: UK Court of Appeal tears up the script

A dispute concerning the screenplay for the 2016 Hollywood biographical comedy “Florence Foster Jenkins” (FFJ) – a film about a tone-deaf New York socialite who labours under the delusion that she is a talented opera singer –...more

McDermott Will & Emery

No Vicarious Liability Absent Financial Benefit, Even in Context of Contributory Infringement

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The US Court of Appeals for the Ninth Circuit examined issues of vicarious and contributory infringement—along with willfulness—in connection with a copyright infringement case involving a real estate website that featured...more

Dorsey & Whitney LLP

Stairway To Retrial: 9th Circuit Erases Jury Verdict in Favor of Led Zeppelin

Dorsey & Whitney LLP on

As it turns out, all that glitters is not gold. Or at least that’s probably how Led Zeppelin feels after the 9th Circuit overturned a shiny jury verdict in favor of the iconic British rock band....more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2018

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In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more

Jones Day

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

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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

Smart & Biggar

Federal Court of Appeal approves website seizure and Anton Piller order against online copyright piracy platform

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On February 20, 2018, the Federal Court of Appeal issued its judgment in Bell Canada v Lackman (2018 FCA 42), declaring that an interim injunction authorising the shutdown and seizure of piracy websites and an Anton Piller...more

Jones Day

PTAB Disqualifies Reference for Failure to Show Public Accessibility

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The PTAB’s recent final written decision denying a finding of unpatentability in ABS Global, Inc. v. Inguran, LLC, Case IPR2016-00927, Paper 33 (PTAB Oct. 2, 2017) highlights the importance of obtaining affidavit evidence to...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2015

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28 U.S.C. § 1782: A Powerful Tool in Global Disputes - As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based...more

Foley Hoag LLP - Trademark, Copyright &...

When Can You Be Sued For Introducing Copyrighted Works At Trial? Almost Never, But Plaintiffs Keep Trying

Professor Nimmer once identified the “weakest infringement claims of all time” as those involving attempts by copyright holders to prevent their copyrighted work from being used as evidence against them in court. “It seems...more

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