News & Analysis as of

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.

‘Gotcha’ copyright claims can prompt ‘gotcha’ ownership defenses

by Thompson Coburn LLP on

Copyright law is full of technicalities, which claimants love to exploit. But defendants can exploit technicalities, too. As copyright owners more aggressively assert their claims, defendants are taking closer looks at all...more

November 2017: Trademark & Copyright Litigation Update

When Is a Copyright Owner Allowed to Sue? The Supreme Court May Decide. A recent decision by the U.S. Court of Appeals for the Eleventh Circuit, Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC, 856 F.3d 1338...more

Webinar Recording: Digital Single Market 2018 – It is becoming real!

by Hogan Lovells on

On Tuesday 14 November the Hogan Lovells DSM Taskforce (our dedicated pan-EU team of lawyers tracking the Commission’s DSM strategy) had its annual live meeting in Brussels to discuss the progress of the implementation of the...more

IP Audit – the Fifth Circuit Cuts a Big Hole in the IP Safety Net – Time to See if Your Business Can Still Be Protected?

by Fish & Richardson on

It is time for an IP audit for any company doing business in Texas following the U.S. Fifth Circuit Court of Appeals decision last week in Motion Medical Technologies LLC, et al. v. Thermotek Inc. v. TRI 3 Enterprises, LLC,...more

Copyright Appeal Considers “User-Generated Content”

by Field Law on

In 2015 an independent film-maker shot a film critical of the Vancouver aquarium, using some footage over which the Aquarium claimed copyright. The Aquarium moved to block the online publication of the film. Last year we...more

Time is Running Out for Retailers to Register DMCA Agent, Preserve Safe Harbor Protections

by Bryan Cave on

Retailers who host third-party content and comments on their websites have until the end of 2017 to register as internet service providers through the new online system in order to preserve their protections under the Digital...more

October 2017: Entertainment Litigation

New Frontiers in Fan Fiction? Among the most common trends in modern entertainment are “fan art” and “fan fiction.” From movies like Star Wars, to book series like Harry Potter, to epic television shows like Game of Thrones,...more

Legal Issues Related to the Development of Automated, Autonomous, and Connected Cars

by Jones Day on

As interest in autonomous vehicles accelerates, and as the related technologies evolve, the vehicles' manufacturers and their suppliers are preparing to encounter a broad range of legal issues. This Jones Day White Paper...more

Calling all ISPs: Your DMCA Agent Must Be (Re)Designated By December 31, 2017

by Fish & Richardson on

The Copyright Office has announced a change that requires all internet service providers to re-designate their DMCA agent by December 31, 2017. The Digital Millennium Copyright Act (DMCA) offers a safe harbor to internet...more

Call It What You Want. Just Don’t Call It Copyright Infringement.

by Weintraub Tobin on

A demand letter is a formal way of telling someone, “now we got bad blood.” Recently, a Northern California blogger received a demand letter in which Taylor Swift threatened to sue the blogger. In so many words, the blogger...more

IP in the Food & Beverage Industry

by Ladas & Parry LLP on

Snack foods, packaging and bottling equipment, recipes and restaurants are all part of one of the world’s largest industries. The food sector plays an essential role in the economies of many countries, accounting for multi...more

LegalZoom vs. A Lawyer For Protecting Intellectual Property

by Fraser Trebilcock on

You have already taken a step in the right direction by knowing that you need to protect your invention, brand or other original works with a patent, trademark, or copyright, respectively. But, what are the most cost...more

DMCA Designated Agent Directory Goes Digital

by Locke Lord LLP on

The deadline is fast approaching. A reminder to all service providers that the Copyright Office is transitioning to a permanent, online only DMCA registration procedure. If you have a designated Copyright Agent on file at the...more

The Clock Is Ticking: Refile DMCA Designated Agent Registration by Dec. 31 or Lose Safe Harbor Benefits

If there is one thing you need to do by the end of the year, it is refiling your designated agent registration with the Copyright Office. The message from the Copyright Office is very clear — if you do not refile by December...more

REMINDER: Electronic (Re-)Registration of DMCA Agent Required By December 31

by Latham & Watkins LLP on

Online service providers have until December 31, 2017 to register (or re-register) their designated DMCA takedown agent and maintain § 512(c) safe harbor eligibility. The Digital Millennium Copyright Act provides a safe...more

Journalism Organization Petitions for Resolution of the Copyright Application v. Registration Debate

by Robins Kaplan LLP on

The registration requirement in the Copyright Act is a well-known subject of debate, and the Eleventh Circuit recently joined the fray by siding with the registration approach camp. ...more

DMCA Agent Registration Reminder

by Dorsey & Whitney LLP on

If your company hosts any type of user generated content on a website, then you should appoint and record a Digital Millennium Copyright Act (“DMCA”) agent with the Copyright Office to take advantage of safe harbor provisions...more

Becoming a Unicorn Fintech by Shoring Up Intellectual Property

Investment in fintech companies is at an all-time high. “Unicorns” are start-ups that have valuations of more than 1 billion dollars. The majority of the unicorns are in the fintech industry. Fintech companies are often agile...more

New DMCA Regulations - January 1, 2018

As of January 1, 2018, the U.S. Copyright Office will implement new regulations that will impact online service providers – even those that have already registered an agent. ...more

“The Cosby Show” Producer Demands BBC Foot The Bill For Using Show Clips In Documentary Exposé

by Fox Rothschild LLP on

Former American icon Bill Cosby has been accused of sexually assaulting at least sixty women over five decades, according to Time Magazine. But the Carsey-Werner Company, which produced Cosby’s hit sitcom “The Cosby Show”,...more

He Who Lives by the Suit, Dies by the Suit

CBS Broadcasting Inc. has sued photographer Jon Tannen for posting still images from the Gunsmoke episode “Dooley Surrenders,” first aired on March 8, 1958. Online postings of images from classic television is fairly common,...more

Deadline Approaching for Refiling Designated Agent Information Under Digital Millennium Copyright Act

by Perkins Coie on

Last November, the U.S. Copyright Office issued its Final Rule regarding designating copyright agents under the Digital Millennium Copyright Act (DMCA) and announced a new electronic system for filing such designations....more

Fleeing The Swarm

by Orrick - IP Landscape on

Order Adopting in Part Report and Recommendation, Granting in Part and Denying in Part Motion to Dismiss Counterclaims, Denying Motion for Default Judgment, and Denying Motion to Voluntarily Dismiss Claims, LHF Productions,...more

Florida Supreme Court Denies Copyright Protection for Sound Recordings Predating Coverage Under the Federal Copyright Act

by Reed Smith on

In a major victory for media and broadcast entities, the Supreme Court of Florida recently established that Florida law does not recognize exclusive copyright protections for sound recordings that were “fixed” before February...more

Regulatory Changes Affecting All “Service Providers” – 12/31/17 Deadline

by Kelley Drye & Warren LLP on

The U.S. Copyright Office has imposed new requirements on service providers in order to maintain safe harbor protection under the Digital Millennium Copyright Act (“DMCA”). Service providers who don’t meet these requirements...more

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