Posts in Copyright Litigation


Supreme Court Grants Cert in Unicolors v. H&M to Consider Whether Section 411 Includes Intent-to-Defraud Requirement

On Tuesday, June 1, the U.S. Supreme Court granted a petition for writ of certiorari filed by fabric designer Unicolors seeking to challenge the U.S. Court …
By Steve Brachmann
18 days ago 1

Why SCOTUS’ Decision to Sidestep Copyrightability in Google v. Oracle is Problematic for Cases Involving Command Codes

On April 5, the U.S. Supreme Court held 6-2 that Google’s copying of 11,500 lines of code from the Java SE Application Programming Interface (API) in creating …
By Yeshesvini Chandar
28 days ago 0

‘Holding States Accountable for Copyright Piracy’: White Paper Says Allen v. Cooper Has Put Creators and Copyright in Jeopardy

Last week, the Regulatory Transparency Project of the Federalist Society released a paper titled “Holding States Accountable for Copyright Piracy.” The paper was authored by Alden Abbott, …
By Rebecca Tapscott
1 month ago 1

Copyrights Help SMEs Bring Their Ideas to Market – Especially if They’re Registered

Discussion around intellectual property strategies for small and medium enterprises (SMEs) often focus chiefly on patent and trademarks. But the benefits of copyright to a small business …

The View from the Court’s 2 Live Crew: Examining the Thomas/Alito Dissent in Google v. Oracle

Most commentators agree that Google v. Oracle is the most important copyright decision of the last 25 years (since Campbell v. Acuff-Rose Music). But what if the Court …
By Darius Gambino
2 months ago 42

The Upshot of Google v. Oracle: An Absurd Ruling Will Lead to Absurd Results

For every action there is an equal and opposite reaction, or so states Newton’s third law of motion. It is safe to say that Newton never …
By Gene Quinn
2 months ago 208

Stakeholders Speak Out on Google v. Oracle

On Monday, the U.S. Supreme Court handed down a ruling that still has many in the intellectual property world reeling—and not just copyright practitioners. The …
By IPWatchdog
2 months ago 0

Second Circuit: Museum’s Online Exhibit Featuring ‘Frankenstein’ Guitar Photo was Fair Use

On Friday, April 2, the United States Court of Appeals for the Second Circuit issued a Summary Order affirming a district court’s finding that the Metropolitan Museum …
By Eileen McDermott
3 months ago 1

License to Copy: Your Software Code Isn’t Safe After Google v. Oracle

In characteristic form, the Supreme Court has once again managed to blow it in another intellectual property case. This time, the Justices blessed Google's copying of Oracle's …
By Gene Quinn
3 months ago 81

Computer Programs are Different, Says SCOTUS in Landmark Ruling that Google’s Use of Oracle’s API Packages Was Fair

The U.S. Supreme Court this morning found Google’s use of Oracle’s Java application programming interface (“API packages”) a fair use as a matter of …
By Eileen McDermott
3 months ago 16

Second Circuit Delivers Blow for Fair Use in Warhol’s Prince Photograph Case

On March 26, the U.S. Court of Appeals for the Second Circuit reversed The United States District Court for the Southern District of New York’s decision …
By Logan Murr
3 months ago 0

Copyright Holders Can Restrict Framing, Says CJEU

Copyright holders can require licensees to implement technical measures to prevent infringement, the Court of Justice of the EU (CJEU) has ruled in its latest decision on …
By James Nurton
3 months ago 0

The New Copyright Small Claims Board Presents Problems for Copyright Owners and Small Businesses

Creative people need a quick, efficient and inexpensive way to recover damages for copyright infringement. They need a place to submit their charge of infringement and collect …
By William Honaker
4 months ago 0

Mechanical Licensing Collective’s $424.4 Million Unmatched Royalty Collection Highlights Music Modernization Act’s Limited Liability Compromise

On February 16, the Mechanical Licensing Collective (MLC) – a nonprofit organization designated by the U.S. Copyright Office to administer blanket mechanical licenses to eligible streaming and download …
By Steve Brachmann
4 months ago 0

UK Judge Backs Meghan Markle over Leaked Letter

The actor Meghan Markle gained fame playing a paralegal in the TV show Suits. Now, as Her Royal Highness, The Duchess of Sussex, she is starring in …
By James Nurton
4 months ago 0