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Implied License Damages

McDermott Will & Emery

What Do You Meme? TFW Commercial Use Outweighs Fair Use

McDermott Will & Emery on

The US Court of Appeals for the Eighth Circuit affirmed a district court’s copyright infringement decision, finding that a congressional reelection campaign’s use of a popular meme to solicit donations was commercial in...more

McDermott Will & Emery

Take Three for Take-Two: Jury Finds Implied License for Tattoos on Video-Game Avatar

A jury rejected allegations that a video-game maker’s use of tattoos in a game violated the copyright of the artist who inked them, finding the video-game maker had an implied license to depict a player’s tattoos in its...more

McDermott Will & Emery

Ahoy There : If License Terms Not Clearly Intended to Be a Condition Precedent, It’s a Covenant

The US Court of Appeals for the Federal Circuit held that the US Court of Federal Claims erred by failing to consider defendant’s non-compliance with the terms of an implied license, vacating the claims court’s finding of...more

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