News & Analysis as of

Copyright Reversal Intellectual Property Protection

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.
Loeb & Loeb LLP

Sound and Color, LLC v. Samuel Smith

Loeb & Loeb LLP on

Ninth Circuit reverses summary judgment in favor of pop singer Sam Smith in music copyright dispute, holding in unpublished opinion that hook in plaintiff’s song may be protectable as unique selection and arrangement of...more

Sunstein LLP

Dance, Fortnite, and the “Epic” Battle for Copyright Protection

Sunstein LLP on

On November 1, 2023, in a first-of-its kind decision, the Ninth Circuit revived a copyright lawsuit based on dance choreography. Hanagmi v. Epic Games pitted Viral celebrity choreographer Kyle Hanagami against Epic Games,...more

McDermott Will & Emery

Tenth Circuit Contributes Clarity to Contributory Liability in Copyright Infringement

McDermott Will & Emery on

Addressing the elements of contributory copyright infringement, the US Court of Appeals for the Tenth Circuit found that a plaintiff had plausibly alleged contributory copyright infringement when he alleged that the...more

Hogan Lovells

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

Hogan Lovells on

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

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

Sheppard Mullin Richter & Hampton LLP

Italian Film Composer “Scores” for Authors

The Second Circuit issued a remarkable decision on termination rights under Sections 203 and 304(c) of the Copyright Act that seemingly, whether knowingly or otherwise, limits the Act’s extraterritorial reach. Ennio Morricone...more

Hogan Lovells

U.S. – District Court reversed: No fair use defense for Adams Morgan neighborhood photo

Hogan Lovells on

The many historic landmarks and neighborhoods in Washington DC are one of the draws for locating events there. In a cautionary tale for event organizers, however, the Court of Appeals of the Fourth District recently ruled...more

McDermott Will & Emery

Out of Fashion: Virtually Identical Arrangement of Floral Elements Sufficient to Show Striking Similarity

The US Court of Appeals for the Ninth Circuit reversed a district court’s dismissal with prejudice where a lace textile manufacture pleaded that a popular fashion retailer and other defendants infringed on the manufacturer’s...more

McDermott Will & Emery

Picture This: No Direct Infringement but no Fair Use Either

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

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

MarkIt to Market - January 2019: It's a Bird! It's a Plane! It's Sufficiently Creative!

Last month American Airlines, Inc. successfully landed its turbulent pursuit to register its “Flight Symbol” logo with the Copyright Office, after the Copyright Office Review Board (CORB) electively revisited and reversed its...more

Robins Kaplan LLP

The Second Circuit Calls a False Start on NFL Photographer Litigation

Robins Kaplan LLP on

Just after the close of an eventful Week 1, the NFL was hit with the revival of an extensive lawsuit claiming it wrongfully exploited thousands of game-day photos without permission or payment....more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Oracle America, Inc. v. Google LLC, Appeal No. 2017-1118, -1202 (Fed. Cir. 2018) - In an appeal from a jury trial, the Federal Circuit reversed the District Court’s decision denying Oracle’s motion for JMOL and remanded...more

McDermott Will & Emery

Licensing Agent Has Standing to Bring Copyright Infringement Suit - Minden Pictures, Inc. v. John Wiley & Sons, Inc.

McDermott Will & Emery on

Addressing the issue of whether a photograph licensing agent has standing to bring an infringement suit under the Copyright Act, the U.S. Court of Appeals for the Ninth Circuit reversed a district court decision, concluding...more

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