Posts in Copyright


Second Circuit Affirms Dismissal of Copyright Infringement Claims as Time-Barred and Based on Non-Credible Testimony

The U.S. Court of Appeals for the Second Circuit recently issued a summary order in Latin American Music Company v. Spanish Broadcasting System affirming a lower …
By Steve Brachmann
3 months ago 0

Getty Images Wins Summary Judgment in Copyright Case Over Press Photographs

This case stems back to a complaint filed by Zuma Press in August 2016, a few months after Getty displayed and offered thousands of images for commercial use …
By Steve Brachmann
3 months ago 1

Western Tennessee Judge Denies Spotify’s Motions to Dismiss Copyright Infringement Claims Brought by Bluewater Music

U.S. District Judge Jon McCalla of the Western District of Tennessee recently issued an order denying motions made by interactive streaming music provider Spotify to dismiss …
By Steve Brachmann
3 months ago 1

Judge Rules That Script for “Friday the 13th” Was Not a Work For Hire, Allows Scriptwriter to Reclaim Copyright

District Judge Stefan Underhill of the District of Connecticut issued a ruling on cross-motions for summary judgment in a copyright case involving the cult horror film Friday …
By Steve Brachmann
3 months ago 0

Supreme Court to Hear Rimini Street v. Oracle to Decide if Copyright Act Authorizes Non-Taxable Costs

The U.S. Supreme Court has granted a petition for writ of certiorari to take up Rimini Street v. Oracle on appeal from the Court of Appeals …
By Steve Brachmann
4 months ago 0

Ninth Circuit Vacates and Remands ‘Stairway to Heaven’ Copyright Case Over Erroneous and Prejudicial Jury Instructions

The Court of Appeals for the Ninth Circuit recently issued an opinion in Skidmore v. Led Zeppelin, which vacated-in-part a judgment out of the Central District of …
By Steve Brachmann
4 months ago 7

Judge Allows Copyright Claim by Mural Artist to Proceed Against General Motors

U.S. District Judge Stephen V. Wilson of the Central District of California recently issued an order granting-in-part and denying-in-part a motion for summary judgment made by …
By Steve Brachmann
4 months ago 0

Is Europe really (*still*) moving away from protecting platforms and internet intermediaries?

This time last year, the combination of the Commission's September 2017 Communication and the proposed Article 13 of the draft Copyright Directive led some to conclude that Europe was …
By Nick Aries
5 months ago 0

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
5 months ago 0

Preventing a Graffiti Copyright Infringement Lawsuit

Filming and photographing in public venues – parks, streets, subway stations – for ads, TV spots and social media videos can produce exciting, creative results for advertising campaigns, but …
By Mark Peroff & Darren Saunders
5 months ago 4

Judge Denies Motions to Dismiss Fraud, Copyright Claims in ‘This Is Spinal Tap’ Lawsuit

In October 2016, the creators of the classic mockumentary film This Is Spinal Tap filed suit against a group of defendants including the French mass media conglomerate Vivendi …
By Steve Brachmann
5 months ago 0

Complaint Alleges Balenciaga Copied Design of Affordable NYC Souvenirs for Luxury Knockoffs

A New York City-based souvenir and apparel firm City Merchandise filed a complaint alleging claims of copyright infringement against the American subsidiary of French luxury fashion house …
By Steve Brachmann
5 months ago 1

Compromise on Music Modernization Act Leads to Unconditional Support From Music Industry Organizations

A collection of trade organizations representing music publishers and songwriters recently released a joint statement in which all announced unconditional support for S.2823, the Music Modernization Act (…
By Steve Brachmann
5 months ago 0

Nintendo Files Copyright, Trademark Infringement Suit Against Operator of ROM Websites

Nintendo’s complaint targets the operator of LoveROMS.com and LoveRETRO.co who has made thousands of Nintendo titles available online for free from platforms including the …
By Steve Brachmann
5 months ago 2

The Chinese “Super Trademark”: A Creative Strategy for Overseas IP Protection

Enforcement of trademark rights in China is an ongoing issue faced by numerous corporations.  Invalidating or canceling a trademark registration in the Chinese market is time-consuming and …
By Laura Kees
5 months ago 0