Posts Tagged: copyright litigation


Beatles’ 1965 Shea Stadium concert is the subject of copyright suit filed on behalf of former promoter

On Monday, September 12th, Sid Bernstein LLC, a company representing Bernstein who passed away in 2013, filed a lawsuit alleging copyright infringement on the use of the Shea …
By Steve Brachmann
7 days 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
1 month ago 0

Patent litigation returning to pre-2013 levels, says Lex Machina

During 2016’s second quarter, plaintiffs filed a total of 1,282 patent infringement cases in U.S. district court. This is a 33 percent increase in the 958 patent cases filed …
By Steve Brachmann
2 months ago 0

NYIPLA Proposes Supreme Court Adopt a New Test for Copyright Protection in Cheerleader Uniform Case

This case concerns Star Athletica’s alleged infringement of Varsity Brands’ purported copyrights in the design of certain cheerleading uniforms. Under the Copyright Act, because clothing possesses …
By Lauren Emerson & Joseph Farco
2 months ago 0

Capitol Records v. Vimeo: Courts Should Stop Coddling Bad Actors in Copyright Cases

Just how much knowledge about piracy on its system does an online service provider need before it loses its safe harbor protection, which severely limits its potential …
By Devlin Hartline
3 months ago 1

Supreme Court Emphasizes Objective Reasonableness for Fee Awards in Copyright Litigation

Justice Kagan stated as one primary factor that a District Court should put substantial weight on the reasonableness of the losing party’s position. The lower courts …
By Jon Tandler
3 months ago 0

Objective reasonableness important factor in awarding attorney’s fees in copyright litigation

In exercising this discretion the Supreme Court held that district courts should consider the objective reasonableness of the losing party’s position, but that the objective reasonableness …
By Gene Quinn
4 months ago 0

Recent Changes in Insurance Policy Forms Leaving Companies Exposed to Risk of Copyright Claims

There has been a recent trend by insurance companies to change their policy forms and use language that provides substantially less coverage for these kinds of claims. …
By Joseph G. Balice
4 months ago 0

IP litigation report shows downward trends in patent, file sharing copyright and IPR cases

One aspect of the recent Lex Machina report that should jump out to anyone who has closely followed the patent litigation sector over the past few years …
By Steve Brachmann
5 months ago 1

SCOTUS should adopt flexible, case-specific approach to attorneys’ fee awards in copyright cases

The IPO recently filed an amicus brief at the Supreme Court in Kirtsaeng v. John Wiley & Sons, Inc. supporting a flexible approach to awarding attorneys’ fees. Oral …
By Gunnar Gundersen
7 months ago 0

2015 litigation trends highlight increased patent litigation, decreases in file sharing cases

2015 saw the second-most patent infringement cases brought to court, according to Lex Machina’s data. A total of 5,830 patent cases were filed, a 15 percent increase over the 5,070 …
By Steve Brachmann
9 months ago 0

‘Happy Birthday To You’ Now In the Public Domain (Sort of)

For as long as I can remember, whenever we celebrated a birthday, we inevitably would gather around the birthday boy or girl and sing “Happy Birthday To …
By Renee C. Quinn & Brian Focarino
11 months ago 4

To the Batmobile! Copyright Saves the Day in Gotham City

Mark Towle owns Gotham Garage, which manufactures and sells replicas of automobiles featured in famous motion pictures and television programs. Gotham Garage specifically sold fully constructed cars …
By Brian Focarino
1 year ago 0

Dancing Baby Center of Test Case Over Bad DMCA Takedown Requests

In February 2007, Stephanie Lenz uploaded a 29-second video of her son dancing in her kitchen to the Prince song “Let’s Go Crazy” to YouTube. Universal Music …
By Brian Focarino
1 year ago 2

Brains, Blood, Sweat, and Tears: Derivative Works and the Walking Dead Licensing Controversy

Three-time Oscar nominee Frank Darabont (The Green Mile; The Shawshank Redemption) brought the The Walking Dead TV show to life. He wrote, directed, and produced the pilot …
By Amanda Bacoyanis
1 year ago 0