News & Analysis as of

The Copyright Act

Dorsey & Whitney LLP

U.S. Takes Marrakesh Express to Treaty Facilitating Access to Publications by the Blind and Visually Impaired

by Dorsey & Whitney LLP on

On October 10, 2018, President Trump signed the Marrakesh Treaty Implementation Act (“MTIA”), which will allow the United States to join the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind,...more

Weintraub Tobin

SCOTUS Will Decide What The Copyright Act Means By “Registered.”

by Weintraub Tobin on

Any work that is entitled to copyright protection automatically receives protection when it is fixed in a tangible medium of expression. However, in order to benefit from the Copyright Act, the owner must “register” his or...more

McDermott Will & Emery

IP Address Subscriber Not Liable for Copyright Infringement

by McDermott Will & Emery on

In a case involving the infringing download and distribution of plaintiff’s film through peer-to-peer BitTorrent networks, the US Court of Appeals for the Ninth Circuit affirmed a district court’s dismissal of plaintiff’s...more

McDermott Will & Emery

No New Copyright for Digital Remasters

by McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit, in reversing a grant of summary judgment in favor of defendants, found that digitally remastered pre-1972 sound recordings were not entitled to protection under federal law as...more

Smart & Biggar

USMCA v NAFTA: What’s changed and what it means for IP in Canada

by Smart & Biggar on

After more than a year of negotiations, Canada reached a new free-trade agreement with Mexico and the United States minutes before the midnight deadline on September 30, 2018....more

Fenwick & West LLP

Top SCOTUS Cases that Matter for Tech, Life Sciences and Games Industries – 2018 Term Preview

by Fenwick & West LLP on

As the U.S. Supreme Court kicks off its 2018 term this week, it prepares to take up a series of firsts, including questions about the America Invents Act, securities fraud and privacy-related class action litigation. At the...more

Fox Rothschild LLP

Ninth Circuit Vacates Verdict In Stairway To Heaven Copyright Action: Missteps In Jury Instructions Result In Remand For New Trial

by Fox Rothschild LLP on

Among copyright lawyers, Stairway to Heaven may become known not just for its abstract lyrics and acclaimed guitar solo, but also for the legal rulings that upended a jury verdict of non-infringement and sent the parties back...more

Snell & Wilmer

Supreme Court to Determine “Full Costs” Under Copyright Act

by Snell & Wilmer on

On September 27, 2018, the Supreme Court of the United States granted certiorari in Oracle USA v. Rimini Street to resolve a split among the United States Circuit Courts of Appeals concerning costs awarded to a prevailing...more

Dorsey & Whitney LLP

The Supreme Court - September 27, 2018

by Dorsey & Whitney LLP on

Today, the Supreme Court of the United States granted certiorari in five cases: Home Depot U.S.A., Inc. v. Jackson, No. 17-1471: (1) Whether an original defendant to a class-action claim can remove the class action if it...more

Dorsey & Whitney LLP

Dueling Pianos – Copyright Rules for Digital Music Delivery Almost in Harmony

by Dorsey & Whitney LLP on

As we reported this spring, the “Music Modernization Act” (MMA) working through Congress avowed to bring the royalty determination formula for digital music services into the 21st Century. In April, the House of...more

Weintraub Tobin

The Essential Purpose Of The Short Form Copyright Assignment

by Weintraub Tobin on

Recently, a client asked why we included a short form option agreement and a short form assignment agreement as an exhibit to a long form literary option agreement. I am sure that many a corporate transactional attorney has...more

Field Law

Enforcing Rights Online: Copyright Infringement & “Norwich Orders”

by Field Law on

When a copyright owner seeks to enforce against online copyright infringement, it often faces a problem: who is engaging in the infringing activity? ...more

Fox Rothschild LLP

Monkey Selfie Decision Stands

by Fox Rothschild LLP on

Earlier this year, I authored a blog post about the so-called “Monkey Selfies” after the Ninth Circuit ruled that animals cannot sue for copyright infringement because, as nonhumans, they lack the required standing under the...more

Dorsey & Whitney LLP

The Copyright Circus Has Finally Left Town

by Dorsey & Whitney LLP on

Last Friday, the 9th Circuit Court of Appeals finally put to bed a copyright dispute that many viewed as nothing short of bananas. Naruto v. Slater—dubbed the “Monkey Selfie” case—raised the novel (if not bizarre) question of...more

Foley Hoag LLP - Trademark, Copyright &...

Everybody Dance Now! Actually, Don’t … That Choreography May Be Copyrighted

‘Tis the season of summer stock, music festivals, and outdoor performances. For my own part, I took in Jacob’s Pillow in the Berkshires, one of the country’s preeminent dance festivals. While an amazing piece of dance can...more

Brooks Pierce

Music Law 101: Protect Your Music, Protect Yourself

by Brooks Pierce on

We are pleased to introduce a new blog series. Music Law 101 will be a recurring bi-weekly series consisting of posts covering a wide variety of legal topics relevant to artists, musicians, songwriters, producers, and others...more

Bryan Cave Leighton Paisner

Second Circuit Punts on In-Line Linking Appeal

by Bryan Cave Leighton Paisner on

The Second Circuit denied an interlocutory appeal in a high stakes copyright case that is being closely watched by both photographers and media companies around the country, sending key issues in the case back to the district...more

Dorsey & Whitney LLP

Graffiti is Art, But Can Street Artists Sue to Protect It from Infringing Photographs?

by Dorsey & Whitney LLP on

Is graffiti protectable under the Copyright Act? In principle, yes because it is a graphic art. But graffiti tends to appear on buildings that are visible from a public place, and photographs of such buildings are exempt from...more

Jaburg Wilk

The Ninth Circuit Helps Copyright Owners Battle Widespread Infringement in Glacier Films v. Turchin

by Jaburg Wilk on

On July 24, 2018, the Ninth Circuit issued a decision that can be an important tool to help copyright owners enforce their rights. It’s not unusual for copyright owners to believe that it’s just not worth going after some...more

McDermott Will & Emery

Supreme Court to Clarify Meaning of Registration under Copyright Act

by McDermott Will & Emery on

The US Supreme Court granted Fourth Estate Public Benefit Corporation’s petition for certiorari. Fourth Estate Public Benefit Corporation v. Wall-Street.com, Case No. 17-571 (Supr. Ct. June 28, 2018)...more

McDermott Will & Emery

Plaintiffs Walk Out in Shame After Attorneys’ Fees Award Affirmed

by McDermott Will & Emery on

Addressing the proper analysis for awarding attorneys’ fees and costs under the Copyright Act in the wake of the Supreme Court of the United States’ ruling in Kirtsaeng v. John Wiley & Sons, the US Court of Appeals for the...more

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

The Goods on IP® Newsletter - July 2018: Copyrights - Supreme Court to Weigh-In on When a Copyright Owner Can Sue for Infringement

Two years ago, the U.S. Supreme Court clarified the test for determining when a three dimensional design for a “useful article” is copyrightable, resolving an issue that had divided the federal circuit courts for years....more

Morgan Lewis

Supreme Court to Consider Copyright Registration-Before-Suit Rift

by Morgan Lewis on

The US Supreme Court will consider whether a copyright owner can commence an infringement lawsuit as of the date of application for registration, or as of the date when the US Copyright Office has approved or denied the...more

Fenwick & West LLP

All the World’s a Stage, and Some Players Are De Minimis Under Copyright Law

by Fenwick & West LLP on

The out-of-doors world abounds with copyrighted works, and visual authorship is everywhere on display: giant visuals on buses, designs on T-shirts, public sculpture, caps with artsy graphics, advertising posters — and...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2018

by Fenwick & West LLP on

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

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

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Contacting JD Supra

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JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

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Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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