Posts in Copyright Litigation


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
6 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
6 months ago 1

Second Circuit Affirms Welsh Government Advertising Activity Triggered Exception to Sovereign Immunity

On June 8, the U.S. Court of Appeals for the Second Circuit, in Pablo Star Ltd. V, Welsh Gov’t, affirmed a decision of the U.S. …
By Rebecca Tapscott
7 months ago 2

Second Circuit Joins Ninth Circuit Approach to Assessing Individual Copyright Claims in Group Registrations

On May 12, the U.S. Court of Appeals for the Second Circuit issued a decision in Sohm v. Scholastic in which the appellate court reversed in part …
By Steve Brachmann
8 months ago 0

Copyright Lawyers on SCOTUS Decision in Georgia v. Public.Resource.Org: Expected, But Possibly Problematic

On Monday, the U.S. Supreme Court ruled in Georgia et al. v. Public.Resource.Org., Inc. that a state code revision commission cannot claim copyright protection …
By Eileen McDermott
9 months ago 6

Supreme Court Says State Code Revision Commissions Are Not Authors for Copyright Purposes

Yesterday, the U.S. Supreme Court affirmed the U.S. Court of Appeals for the Eleventh Circuit’s decision that a state code revision commission cannot claim …
By Alexis Campbell
9 months ago 0

A Cosmic Copyright Conundrum: ‘Star Trek,’ Space Force, SCOTUS and Blackbeard’s Shipwreck

Earlier this week, the Supreme Court handed down its ruling in Allen v. Cooper, which relates to photos and videos of the sunken remains of the Queen …
By Yitzchak Besser
10 months ago 3

Supreme Court Says State of North Carolina is No Copyright Pirate in Blackbeard Ruling

Blackbeard and his band of pirates pillaged and plundered up and down North Carolina’s Outer Banks more than 300 years ago, inspiring stories (both true and fictional) …
By Kristin Lamb
10 months ago 3

District Court Finds Katy Perry’s ‘Dark Horse’ Not Substantially Similar to ‘Joyful Noise’ Ostinato

The U.S. District Court for the Central District of California on Monday granted Katy Perry’s motion for judgment as a matter of law (JMOL) and …
By Rebecca Tapscott
10 months ago 0

How TikTok Used Blockchain to Defeat Copyright Infringement

Having attained the title of the world’s second-largest economy, along with a constant influx of innovative companies and massive breakthroughs in digital development, China - often …
By Matej Michalko
10 months ago 6

Ninth Circuit Alters Its Approach to Assessing Copyright Infringement in Ruling for Led Zeppelin

The en banc U.S. Court of Appeals for the Ninth Circuit has ultimately sided with Led Zeppelin in a long-running case examining whether the opening notes …
By Eileen McDermott
10 months ago 6

Earth to Google: Here’s Why APIs Need to be Copyrightable

On January 6, 2020, Google submitted its brief in Google v. Oracle, kicking off the Supreme Court case that many are calling the “copyright case of the decade.” The …
By Michael Shore
11 months ago 39

Oracle Files Opening Brief at U.S. Supreme Court in Copyright Fight with Google

In the latest stage of the Supreme Court battle between Oracle America, Inc. (Oracle) and Google, Oracle filed its opening brief with the Court on February 12. Google’…
By Nancy Braman
11 months ago 1

Protecting Creative Works After Fourth Estate v. Wall-Street.com

In a landmark ruling, the Supreme Court finally unequivocally answered the question about whether copyright owners need to receive a Registration Certificate from the Copyright Office before …

Google v. Oracle: An Expansive Fair Use Defense Deters Investment In Original Content

Google v. Oracle America, a case pending before the United States Supreme Court, is a seemingly never-ending battle, since 2010, between two Silicon Valley behemoths. But now that …
By Sue Ghosh Stricklett
12 months ago 22