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Intellectual Property Protection Copyright Ownership The Copyright Act

McDermott Will & Emery

Focus on Funk: 40-Year-Old Copyright Claim Is Time-Barred

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In a summary order, the US Court of Appeals for the Second Circuit affirmed the district court’s orders in a case involving an ownership dispute over the copyrights to certain compositions by Parliament-Funkadelic bandleader...more

Vondran Legal

Copyright Derivative Work Ideas from Attorney Steve

Vondran Legal on

According to the United States Copyright Office Circular 14: "A derivative work is a work based on or derived from one or more already existing works. Common derivative works include translations, musical arrangements,...more

McDermott Will & Emery

It’s All Grecco to Me: No “Sophisticated Plaintiff” Exception to Discovery Rule

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In a case of first impression, the US Court of Appeals for the Second Circuit held that there is no “sophisticated plaintiff” exception to the Copyright Act’s discovery rule, which provides that a copyright claim only accrues...more

Venable LLP

Understanding the Work Made for Hire Doctrine in Copyright Law - Part 2

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As discussed in Part 1, understanding the application of the Copyright Act’s works made for hire doctrine is needed to protect an organization’s intellectual property. Specifically, the application of the doctrine to...more

Haug Partners LLP

Warner Chappell Music, Inc. v. Nealy: Plaintiffs Can Recover Damages for Timely Claims of Copyright Infringement Dating Back More...

Haug Partners LLP on

On May 9, 2024, the Supreme Court in Warner Chappell, Music Inc. v. Nealy settled a longstanding circuit split and ruled 6-3 that the Copyright Act entitles a copyright owner to recover damages for any timely claim, no matter...more

Robins Kaplan LLP

A Dive Into Intellectual Property Liability for E-Commerce Platforms

Robins Kaplan LLP on

Online shopping has become increasingly popular in recent years. E-commerce sales surpassed $6.5 trillion in 2023 and are expected to total over $8.1 trillion by 2026. Convenience of product variety and online competition...more

Venable LLP

Understanding the Work Made for Hire Doctrine in Copyright Law - Part 1

Venable LLP on

Understanding the work made for hire doctrine under the Copyright Act of 1976 is key for effective intellectual property management. The default ownership rule under the Copyright Act provides ownership to the author (i.e.,...more

Jones Day

No Time Limit for Damages from Copyright Infringement

Jones Day on

The Supreme Court held that copyright owners who file a timely claim may obtain damages no matter when the copyright infringement occurred. ...more

Venable LLP

Top Ten Current Key Copyright Issues and Pitfalls Affecting Nonprofits

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With decades of experience assisting nonprofit clients with copyright issues, we periodically like to offer refreshers on key copyright issues and highlight current trends we see nonprofit organizations encounter with...more

Bradley Arant Boult Cummings LLP

Golf Course Copyright Bill Implications Go Beyond The Green

In the ever-evolving landscape of intellectual property law, a new federal bill has emerged to address the unique challenges faced by golf course designers and architects. The Bolstering Intellectual Rights against...more

Bradley Arant Boult Cummings LLP

Congress Tees Up Copyright Protection for Golf Course Designs with the BIRDIE Act

A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. Copyright law in the United States, rooted in the U.S. Constitution, ensures...more

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

MarkIt to Market® - February 2024

Thank you for reading the February 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the advertising rights of luxury resellers and important updates to the Warner Chappell Music v. Nealy...more

WilmerHale

AI and Copyright

WilmerHale on

Over the last few months, the Federal Trade Commission (FTC) has voiced an increasing interest in AI-generated content and copyright law. In an August 2023 Business Blog entitled “Can’t Lose What You Never Had: Claims About...more

Wilson Sonsini Goodrich & Rosati

U.S. Court of Appeals for the Ninth Circuit Clarifies DMCA Injunction Burden

As a previous Wilson Sonsini Alert reported, Snail Games USA Inc. and Wildcard Properties LLC (collectively, “Snail”) sent a Digital Millennium Copyright Act (DMCA) takedown notice to Valve Corporation (Valve) in order to...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - The Essential Purpose of the Short Form Copyright Assignment (Archive)

Weintraub Tobin on

In this archive episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo explain the importance of short-form copyright assignment agreements....more

Dorsey & Whitney LLP

You Know His Name (Jason). You Know the Story (Friday the 13th). But Do You Know Who Owns Jason? The Second Circuit Does - and the...

Dorsey & Whitney LLP on

As of today, there have been twelve (yes, twelve!) movies released as part of the Friday the 13th series of horror films, as well as a television series. For those of you who have not seen any of these films, they are not for...more

McDermott Will & Emery

When Pictures Aren’t Pictures: Real Estate Agent-Generated Floor Plans Are Outside Copyright Infringement Exception for Pictorial...

McDermott Will & Emery on

Examining whether the Architectural Works Copyright Protection Act enacted in 1990 protects the creation of floor plans, the US Court of Appeals for the Eighth Circuit held that such technical drawings generated for...more

Bracewell LLP

Artists Beware - Second Circuit Holds That Andy Warhol’s “Prince Series” Is Not a “Fair Use” of Copyrighted Photograph

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In a recent decision, Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, the Second Circuit upset conventional thinking regarding the concept of “fair use” with wide ranging implications for artists and copyright...more

Fenwick & West LLP

Nicki Minaj Safeguards the Right for Artists to Experiment with Unlicensed Work

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On September 16, 2020, California federal judge Virginia A. Phillips ruled that Nicki Minaj’s use of Tracy Chapman’s copyrighted work in the creation of Minaj’s song “Sorry” was fair use. “Sorry” interpolated Chapman’s...more

McDermott Will & Emery

Hell 2 Da Naw Pay Up Statutory Damages Award

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Addressing the proper procedure for electing statutory damages under the Copyright Act, the US Court of Appeals for the Sixth Circuit affirmed the district court, agreeing that the plaintiff had properly informed the court of...more

McDermott Will & Emery

Second Circuit: No First Sale Doctrine for Reproduced Digital Files

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Holding that reproduction of a digital file for purposes of resale does not fall under the “first sale” doctrine of the Copyright Act, the US Court of Appeals for the Second Circuit affirmed the district court’s grant of...more

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