News & Analysis as of

The Copyright Act

Is the Federal Circuit’s Holding that the Presumption Against Extraterritoriality Making Unavailable Damages Based on a Patentee’s...

by Womble Bond Dickinson on

Case at a Glance: The Court will consider whether the text of 35 U.S.C. § 271(f) imposes liability on those supplying from the United States components of a patented invention “in such a manner as to actively induce the...more

3 Business Cases to Follow in the Supreme Court's Spring Term

by Bennett Jones LLP on

The Supreme Court of Canada’s spring term begins on April 16, 2018. Chief Justice Wagner has already put his stamp on the Court, announcing in February that it would begin releasing “plain language” summaries alongside its...more

A Picture Is Worth a Thousand Words, but Owning a Piece of the Bundle Is Priceless.

by McDermott Will & Emery on

In a case where a licensee granted the right to sue was bounced by the district court for lack of standing, the US Court of Appeals for the Second Circuit ruled that under § 501(b) of the Copyright Act, assignees of the bare...more

IP Protection in the Fashion and Apparel Industry (Part 3)

by Field Law on

As noted in Part 1 and Part 2, IP rights in the fashion and apparel industry are fiercely contested. Fashion products can be protected in Canada using a number of different IP tools, including: - confidential...more

Case to Watch: Goldman v. Breitbart, involving embedded Tweets of Tom Brady recruiting Kevin Durant in the Hamptons

by Foley & Lardner LLP on

The Southern District of New York has teed up an important copyright issue for interlocutory appeal, which could create a circuit split with the Ninth Circuit’s 2006 decision in Perfect 10, Inc. v. Amazon.com, Inc. On March...more

Will Copyright Rules for Player Pianos Continue to Govern Digital Music Delivery?

by Dorsey & Whitney LLP on

Last month in our Olympics edition, we provided a glimpse into the arcane world of licensing of musical works under the U.S. Copyright system. It’s actually crazier still. ...more

Big Loss For News Media In Copyright Case: Where Is Your Server, And Why Do I Care?

by Fox Rothschild LLP on

The digitization of content is forcing courts to take a fresh look at basic copyright concepts. The Disney v. Redbox case that I’ve recently blogged on addressed whether a digital download code is a “copy” of a work. Now a...more

Showdown at SCOTUS Looms as SDNY Judge Certifies Her Opinion on Embedded Tweets for Interlocutory Appeal

by Wilson Elser on

On February 15, 2018, U.S. District Judge Katherine B. Forrest rejected defendants’ motion for partial summary judgment in a case involving the embedding of an image online and called into question the applicability and...more

Can embedding a tweet make you a copyright infringer?

by Thompson Coburn LLP on

Is it illegal to use an embedded link that causes an image on another website to appear on your site? Well, it depends on the court. A federal judge in New York recently held that online publishers who embed tweets that...more

No Foul: “Jumpman” Can Keep Soaring

by Orrick - IP Landscape on

Rentmeester v. Nike, Inc., No. 15-35509, 2018 WL 1055846, at *6 (9th Cir. Feb. 27, 2018) (Judge Paul J. Watford) - On February 27, the Ninth Circuit upheld the dismissal of copyright claims against Nike, Inc. alleging that...more

Embedded Tweet May Constitute Copyright Infringement

In a decision making headlines, a New York federal court judge held that a tweet embedded in news stories may constitute copyright infringement....more

Regaining Ownership of Copyright: Traps for the Unwary in UK and US Copyright Law

by Reed Smith on

The copyright laws of both the UK and the US include provisions for reversion and for termination of transfers of copyright that are only too easy to overlook when conducting due diligence or other chain of title...more

Owner of Foreign Copyrights Must Plead Registration Exemption

What exactly is the definition of a “United States work” for copyright registration purposes? And why is a certain Albanian television company unlikely to forget that definition any time soon? ...more

Is There A Digital First Sale?

by Fox Rothschild LLP on

The Copyright Act grants the owner of a copyright certain rights, including the right to reproduce, to distribute, and to perform and display the copyrighted work. 17 U.S.C. § 106. However, these rights are limited by other...more

Alert: Bloggers Beware: New York Federal Court Holds In-Line Linking May Be Copyright Infringement

by Cooley LLP on

On February 15, 2018, a federal district judge in New York City ruled that in-line linking constitutes prima facie copyright infringement, an alarming decision inconsistent with appeals court precedent in California and other...more

An Uphill Battle Protecting Fashion Designs In Nigeria and Abroad

Growing frustration in the fashion community regarding weak or non-existent intellectual property laws has finally caught the attention of some nations. Nigeria is one nation that currently is trying to alleviate this...more

Second Circuit Rejects Fair Use Defense in TVEyes, Finds Online Service Liable for Direct Copyright Infringement

On February 27, 2018, in Fox News Network, LLC v. TVEyes, Inc., Case No. 15-3886 (2nd Cir. 2018), the U.S. Court of Appeals for the Second Circuit held that certain functions of TVEyes, a TV database service, do not qualify...more

Tveyes Penalized For “Clipping”: Second Circuit Finds No “Fair Use” And Orders Broad Injunction

by Fox Rothschild LLP on

In a closely watched copyright lawsuit, the Second Circuit reversed the District Court’s finding of “fair use” and upheld Fox News’ claim that the TVEyes service infringed its copyrights. This decision has broad implications...more

Embedded Tweets Violate Exclusive Display Right, Setting Up Possible Showdown at SCOTUS, and Cause Uncertainty for Website...

by Wilson Elser on

Finding that drafters of the Copyright Act amendments in 1976 foreshadowed the technological advances that were coming, on February 15, 2018, U.S. District Judge Katherine B. Forrest rejected defendants’ motion for partial...more

Embedding a Third Party Tweet Constitutes Copyright Infringement

On February 15, 2018, in Goldman v. Breitbart News Network, LLC, the U.S. District Court for the Southern District of New York found that Defendants’ embedded links to a ‘Tweet’ of a Tom Brady photo infringed Plaintiff’s...more

Street Artists Awarded $6.75 Million in Damages Against Developer Who Whitewashed Artworks Covering His Buildings

by Wilson Elser on

In one of the most important decision to date applying the Visual Artists Rights Act of 1990 (VARA) since its adoption, on February 12, 2018, New York’s Eastern District awarded $6.75 million in statutory damages to 21...more

Beyoncé, Coldplay and Ed Sheeran Skating Debuts - Solid Gold at the Olympics

by Dorsey & Whitney LLP on

With the lifting of the International Skating Union ban on the use of music with lyrics, the Olympics in Pyeongchang is the first in which singles and pairs ice skaters can compete to music with lyrics (Ice Dancers have been...more

Exclusive license stymies copyright owner's infringement suit

by Thompson Coburn LLP on

The current wave of copyright litigation continues to highlight the complexities of copyright ownership, as apparent infringers defend claims on the simple basis that the plaintiff doesn't own or control the infringed...more

Louis Vuitton Not Liable for Attorneys’ Fees in Case of Parody Handbags

by Dorsey & Whitney LLP on

In January 2016 and January 2017, we blogged about a trademark and copyright dispute between Louis Vuitton Malletier, S.A. and My Other Bag, Inc. (“MOB”) over a line of canvas tote bags that parodied Louis Vuitton’s iconic...more

Copyright Basics

by Workman Nydegger on

Copyright protection is contemplated under the Constitution of the United States and governed by the U.S. Copyright Act. More specifically, Article 1, Section 8, Clause 8 of the United States Constitution includes...more

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