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The Copyright Act Copyright Infringement

Weintraub Tobin

Taylor Swift Keeps Fighting The ‘Players’ And The ‘Haters’

Weintraub Tobin on

In December 2019, Scott Hervey wrote about the copyright infringement lawsuit filed against Taylor Swift by the writers of the song “Playas Gon’ Play.” The song was released by the girl group 3LW in 2001 and included the...more

Jones Day

Australian Court Holds That Use of a Corporate Logo for Purposes of Engaging in a Public Campaign Amounts to Mostly Fair Dealing

Jones Day on

Australia's Copyright Act allows for various "fair dealing" defenses that set out defined categories of acceptable uses of copyrighted work. These uses include research or study, criticism or review, parody or satire,...more

Dorsey & Whitney LLP

Environmental Advocate Wins Battle Against “Australia’s Greatest Liability”

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Greenpeace, the well-known environmental campaign organization, recently prevailed over an electricity giant in the Australian case AGL Energy Limited v. Greenpeace Australia Pacific Limited. Australia’s parody and satire law...more

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

MarkIt to Market® - June 2021: Unicolors Regroups and Gets Supreme Court to Consider Copyright Invalidation Standard

Earlier this month, the Supreme Court granted Unicolors' request for review of the Ninth Circuit’s decision in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. (9th Circ. 2020). According to Unicolors, the Ninth Circuit’s...more

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

MarkIt to Market® - June 2021

The June 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses recent litigation surrounding copyright registration invalidation and implications of the increase in trademark application filings at the USPTO....more

Murtha Cullina

Supreme Court Will Hear Copyright Case: How its Decision May Impact the Validity of Future Copyright Registrations

Murtha Cullina on

A copyright claimant may commence an infringement suit when the Copyright Office registers a copyright. See Fourth Est. Pub. Benefit Corp. v. Wall-Street.com, LLC, 139 S. Ct. 881, 885, 203 L. Ed. 2d 147 (2019); 17 U.S.C. §...more

Dorsey & Whitney LLP

SCOTUS Agrees to Consider Whether Copyright Act Section 411 Requires an Intent to Defraud

Dorsey & Whitney LLP on

The U.S. Supreme Court recently granted certiorari to tackle a technical copyright registration question: when a defendant alleges knowing inaccuracies in a copyright registration, does 17 U.S.C. § 411 require referral to the...more

Arent Fox

Supreme Court Case to Watch: When and How Copyright Registrations Can Be Invalidated for Inaccuracies

Arent Fox on

Last week the Supreme Court agreed to hear the case Unicolors, Inc. v. H & M Hennes & Mauritz, LP, which considers when inaccuracies in a US copyright application can be used to invalidate a resulting registration. The case...more

Mintz - Intellectual Property Viewpoints

Supreme Court to Consider When Inaccurate Information in a Copyright Registration Affects its Validity in Unicolors v. H&M

After five years of litigation, the battle between Unicolors, a California-based fabric design company, and H&M is still going strong. Now the United States Supreme Court has agreed to decide whether an inaccuracy in...more

BakerHostetler

A Pattern of Deceit? SCOTUS to Consider Whether Section 411(b) of the Copyright Act Imposes a Mental State Requirement Akin to...

BakerHostetler on

On June 1, 2021, the Supreme Court granted certiorari on the question of whether Section 411(b) of the Copyright Act is intended to be a “fraud” statute that requires scienter for cancellation of a copyright registration. See...more

Smart & Biggar

Federal Court of Appeal upholds the validity of Canada’s first anti-piracy site-blocking Order

Smart & Biggar on

On May 26, 2021, the Federal Court of Appeal issued its decision in Teksavvy Solutions Inc v Bell Media Inc et al, 2021 FCA 100, upholding the Federal Court’s order in Bell Media Inc. et al v Goldtv.biz et al., 2019 FC 1432...more

Jaburg Wilk

When Can I Use Content Without Permission?

Jaburg Wilk on

If you want to use content that you did not create, it is helpful to know whether that content is copyright-protected or whether you can use it without permission. Whether the content is text, drawings, graphics, photographs,...more

Bracewell LLP

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

Bracewell LLP on

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

Caldwell Intellectual Property Law

Copyright Infringement Showdown: The Fair Use Doctrine

March and April 2021 have seen a large amount of activity in copyright law involving the fair use doctrine, a doctrine that is often misunderstood and misapplied. The Fair Use Doctrine is codified in the 1976 Copyright Act...more

Arent Fox

A Blow to Pop Art: Andy Warhol’s Prince Series Not a 'Fair Use' of Lynn Goldsmith’s Photograph

Arent Fox on

The Second Circuit recently held that artist Andy Warhol’s use of Lynn Goldsmith’s photograph of the musician Prince (the “Goldsmith Photograph”) to create fifteen new unauthorized silkscreen and pencil artworks (the “Prince...more

Eversheds Sutherland (US) LLP

Copyright transformed: Supreme Court rules copying code from Application Program Interfaces (APIs) into new APIs is a fair use

On April 5, 2021, the US Supreme Court held in a 6-2 decision that Google’s copying of computer code from Oracle’s Application Program Interfaces (APIs) into new API’s used in Google’s Android™ operating system was a...more

Fox Rothschild LLP

Oracle v. Google: What Does The Supreme Court Decision Mean For Software Companies?

Fox Rothschild LLP on

After over 10 years of litigation, the U.S. Supreme Court ruled this week in Oracle v. Google that Google’s use of 11,500 lines of Oracle’s code in its Android platform was a fair use. Borrowing the code made it easier...more

Mintz - Intellectual Property Viewpoints

United States Supreme Court Rules for Google in a Landmark Fair Use Decision

On April 5, 2021, the United States Supreme Court handed down a decision that could have profound implications in the software industry. It held 6-2 that Google’s copying of 11,500 lines of code from Oracle’s Java SE API in...more

Proskauer Rose LLP

Second Circuit Finds Andy Warhol’s Use of Prince Photograph Wasn’t All That Transformative After All

Proskauer Rose LLP on

For nearly two decades, the “transformative use test” has been a staple of fair use analysis, and particularly in the Second Circuit. The Copyright Act, however, uses the word “transformative” not in the section on fair use...more

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

MarkIt to Market® - March 2021: Art Imitating Art?

The Second Circuit recently decided whether artist Andy Warhol’s series of silkscreen prints and pencil illustrations titled “Prince Series” was a fair use of photographer Lynn Goldsmith’s copyrighted photograph of musical...more

Wilson Sonsini Goodrich & Rosati

A Common Dilemma: Responding to Copyright Trolls

The following scenario is all too common for those who post content on the web. Imagine you create a website that, unbeknownst to you, includes some form of work (say, a photograph) that is copyrighted to someone else....more

Thompson Coburn LLP

Hard-fought copyright case produces just $750 award

Thompson Coburn LLP on

Oscar Wilde said, “there are only two tragedies in life: one is not getting what one wants, and the other is getting it.” For photographer Michael Grecco, Wilde’s warning played out after a judge found that (1) a Hollywood...more

Weintraub Tobin

Is The Best Defense To A Copyright Infringement Claim No Defense At All?

Weintraub Tobin on

We recently discussed a new trend in celebrity copyright litigation on our YouTube channel and podcast (The Briefing on YouTube). Specifically, we discussed celebrities taking a stand and defending copyright claims brought by...more

Hogan Lovells

Second Times the Fraud: DC Circuit supports Copyright Royalty Board sanctions against fraudulent royalty fee seeker

Hogan Lovells on

The D.C. Circuit affirms a Copyright Royalty Board decision to sanction a copyright royalty collections agent by preventing the agent from pursuing a number of its royalty claims after the agent claimed to represent a...more

McDermott Will & Emery

No Matter How Many Touched the Flowers, Single Infringement Begets Single Statutory Damages Award

McDermott Will & Emery on

In a dispute over the alleged infringement of a floral print textile design, the US Court of Appeals for the Ninth Circuit affirmed the plaintiff’s ownership of a valid copyright, but reversed and remanded for further...more

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JD Supra Privacy Policy

Updated: Apr 27, 2021:

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

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

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Updates to This Policy

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Contacting JD Supra

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