Posts in Copyright Litigation


U.S. and EU Copyright Law Developments Reviewed at INTA Annual Meeting

Last week, during the International Trademark Association's (INTA's) all-virtual 2020 Annual Meeting & Leadership Meeting, panelists Naomi Jane Gray, Axel Nordemann and Catherine Zaller Rowland discussed perspectives in Copyright …
By Rebecca Tapscott
7 days ago 1

Copyright for Choreography: When is Copying a Dance a Copyright Violation?

Recent news reports about choreographer JaQuel Knight’s efforts to copyright some of his iconic dance routines, such as Beyoncé’s “Single Ladies,” are a reminder that …
By Laura Kees
13 days ago 0

Skidmore Seeks a Second Chance at SCOTUS in Led Zeppelin Copyright Case

On October 30, Michael Skidmore, Trustee for the Randy Craig Wolfe Trust, filed a petition for rehearing of the denial of its August 6 petition for writ of certiorari …
By Rebecca Tapscott
27 days ago 0

Google v. Oracle: The High Court Holds the Future of IP in Its Hands

In what many regard as the intellectual property case of the century, the United States Supreme Court has—on October 7, 2020—presided over oral arguments in Google v. …
By Sue Ghosh Stricklett
1 month ago 4

Justices Look for Reassurance That the Sky Won’t Fall When They Rule in Google v. Oracle

Google and Oracle each got to have their say in U.S. Supreme Court today, when eight justices heard oral argument in the closely-watched battle between the …
By Eileen McDermott
2 months ago 5

California Court’s Finding of Fair Use for Nicki Minaj Affirms Public Benefit of Artistic Experimentation

In a ruling earlier this month, U.S. District Judge Virginia A. Phillips of the Central District of California granted partial summary judgment in favor of Onika …
By Steve Brachmann
2 months ago 0

Google’s Fair Use Shell Game

Google has admitted it copied over 11,000 lines of Oracle’s creative Java code to build its Android smartphone platform, that it makes commercial use of the code …
By Steven Tepp
2 months ago 4

Ninth Circuit Holds that Jersey Boys Did Not Infringe ‘Protected Expressive Elements’ of Autobiographical Book

Last week, the U.S. Court of Appeals for the Ninth Circuit affirmed a decision on appeal from the U.S. District Court for the District of …
By Rebecca Tapscott
3 months ago 0

Google: An Oracle of Wisdom in its Fascinating Submission to the European Commission

On June 2, the European Commission launched a far-reaching consultation as part of its examination of a forthcoming Digital Services Act (DSA), aimed at identifying areas where new …
By Neil Turkewitz
3 months ago 1

‘Merger’ and Acquisition: Google’s Copyright Contortion to Excuse Copying

The Supreme Court is set to hear oral argument on October 7 from Oracle and Google in their long-running Java intellectual property case. The questions raised in Google …
By Steven Tepp
3 months ago 3

Eighth Circuit Affirms Holding That Disclosure of Source Code Was Authorized Under the Parties’ Agreement

On August 14, the United States Court of Appeals for the Eighth Circuit affirmed in part and vacated in part a district court decision in MPAY Inc. v. …
By Rebecca Tapscott
3 months ago 0

Will the Supreme Court Provide the Fair Use Clarity that IP Law Needs?

On July 30, IP Watchdog Editor-in-Chief Eileen McDermott reported that, as part of its series on a 1990s copyright modernization bill known as the Digital Millennium Copyright Act, …
By Terry Campo
4 months ago 0

Ninth Circuit Affirms Dismissal of Copyright Infringement Claim Against Disney’s Inside Out Movie

On August 3, the United States Court of Appeals for the Ninth Circuit, in Masterson v. Walt Disney Company, affirmed a district court’s dismissal of Carla Masterson’…
By Rebecca Tapscott
4 months ago 0

Google v. Oracle Perspective: Google’s Android ‘Cheat Code’ was to Copy Oracle’s Code

In two months, the Supreme Court will hear the oral argument in the long-running Google v. Oracle software copyright case. At issue is the availability of copyright …
By Steven Tepp
4 months ago 19

Request for Amici: Tell SCOTUS to Incentivize Original Fictional Characters through Copyright

Some fictional characters are heroes; others are villains. Some mimic reality and others personify fantasy. And some appear in comic books and video games, while others in …
By Patrick Arenz
4 months ago 1