Posts Tagged: copyright act


Ninth Circuit finds no Copyright Infringement by Owner of Infringing IP Address

On appeal, the Ninth Circuit panel found that the district court had properly dismissed both the direct and the contributory infringement claims with prejudice. Although Cobbler Nevada …
By Steve Brachmann
12 days ago 0

US Supreme Court Tackles Copyright Registration Circuit Split

Some circuit courts have held that a work is “registered” and the copyright owner can sue an infringer as soon as the applicant files the application, deposits …
By Angélique McCall
2 months ago 0

Supreme Court to Resolve Copyright Registration Circuit Split

On Thursday, June 28, the U.S. Supreme Court agreed to hear a case that should resolve the long-standing question of whether a copyright plaintiff must have a …
By Jake Wharton
3 months ago 1

Tom Brady and a Ruling over Embedded Tweets Could Change the Internet and Online Publishing

Of all of the things NFL quarterback Tom Brady has been accused of ruining over the years, the internet is not necessarily at the top of the …
By Franco Galbo
6 months ago 0

District Court Challenges Legality of Embedding Copyrighted Content

On February 15, 2018 a New York district court judge – in Goldman v. Breitbart News Network – challenged the reasoning of Perfect 10, and she concluded that one who embeds content …
By Lee Burgunder
6 months ago 1

Not So Blurred Lines

Some IP commentators love to hate the Blurred Lines music copyright decision. A primary critique has stoked unnecessary fear in musicians that the decision blurs the line …
By Sean O'Connor
9 months ago 2

PETA, photographer settle copyright ownership of monkey selfie

A complaint was filed in the Northern District of California on behalf of Naruto, at the time a six-year-old crested macaque residing in the Tangkoko Reserve located …
By Steve Brachmann
12 months ago 3

Trends in Copyright Litigation for Tattoos

An increasing trend in copyright infringement suits filed in the United States has tattoo artists bringing suit against entertainment entities, and in some cases against the tattoo …

Inspiration vs. Copying: Where’s the Line in Hollywood?

When it comes to television shows, it not always clear what is “copyrightable.” Sometimes, filmmakers and screen writers can get into serious trouble if they don’t …

End of Laches Might Increase Declaratory Judgment Actions

Without laches, accused infringers might more frequently invoke declaratory judgment to clear their products and services upfront rather than tolerate a looming threat of suit for years.... …
By Ryan Cook & Seth Heller
1 year ago 1

Does Star Athletica Raise More Questions Than it Answers?

The Supreme Court recently issued its decision in Star Athletica v. Varsity Brands, which addressed whether copyright protection can extend to the graphic designs depicted on cheerleading …
By Lee Burgunder
1 year ago 0

Knock-Offs Beware: SCOTUS Makes a Fashion Forward Decision

The ruling has wide implications for both the fashion apparel and home furnishings industry, both of which rely on distinctive, eye-catching designs to sell products. The upshot …

The Equitable Defense of Laches: SCA Hygiene Products v. First Quality Baby Products

The equitable defense of laches has been a useful tool for defendants in intellectual property litigation for over a hundred years, but a recent case in the …
By Tamany Bentz & Taylor Sachs
2 years ago 0

Ed Sheeran targeted by heirs of ‘Let’s Get It On’ co-writer in copyright infringement suit

On Tuesday, August 9th, Ed Sheeran was named as a defendant in a copyright lawsuit filed by three heirs of American singer-songwriter Lee Townsend. Townsend, who passed …
By Steve Brachmann
2 years ago 0

Copyright Policy Should Be Based On Facts, Not Rhetoric

After nearly twenty years with the DMCA, the Copyright Office has launched a new study to examine the impact and effectiveness of this system, and voices on …

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