Mealey's Copyright
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June 22, 2022
7th Circuit Agrees: No Meaningful Difference In 2 Copyright Cases
CHICAGO — The Seventh Circuit U.S. Court of Appeals on June 21 found no error in an Illinois federal judge’s determination that a plaintiff’s second copyright infringement lawsuit against Home Box Office Inc. is identical to a previously dismissed state law copyright case against the network and is thus barred by the doctrine of claim preclusion.
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June 16, 2022
Warhol Foundation Asks High Court To Clarify Transformative Standard For Fair Use
WASHINGTON, D.C. — The Second Circuit U.S. Court of Appeals’ finding that Andy Warhol’s “Prince Series” of pictures of the deceased musician infringed the original copyrighted photo on which the series was based reflects a “similarity” fair use standard, the Andy Warhol Foundation for the Visual Arts Inc. (AWF) tells the U.S. Supreme Court in its June 10 opening merits brief, asking the high court to affirm the long-held transformative standard for determining fair use.
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June 16, 2022
Maryland Federal Judge Says E-Book Law Preempted By Copyright
BALTIMORE — A Maryland statute that would require publishers to offer libraries a license to e-books and audiobooks on “reasonable terms” that are also made available to the public is invalid, a federal judge in Maryland ruled June 13.
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June 15, 2022
New York Federal Judge: Pic From Film Set Is A Derivative Work
NEW YORK — The managing member of the company that produced “Mafietta” was barred from seeking copyright protection for a photograph she took on the set of the film, when a federal judge in New York on June 13 instead ruled that the image belongs to the author of the novella upon which the film is based.
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June 13, 2022
Zillow Tells 9th Circuit Infringing Photos Were A Single Compilation
SAN FRANCISCO — A trial court’s finding of willful copyright infringement and its issuance of a $1,927,200 damages award cannot stand, Zillow Group Inc. tells the Ninth Circuit U.S. Court of Appeals in its May 31 opening appellant brief, in light of the requirement of Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC that a work be registered prior to initiating infringement litigation.
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June 14, 2022
In Utah Federal Copyright Case, Claim-Splitting Doctrine Doesn’t Apply
SALT LAKE CITY — A motion to dismiss copyright infringement allegations on grounds of claim-splitting failed June 9, when a federal judge in Utah instead ruled the case should proceed.
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June 13, 2022
North Carolina Federal Judge Issues $335,000 Sanction In Trademark, Copyright Case
ASHEVILLE, N.C. — In an order issued June 9, a federal judge in North Carolina said a copyright and trademark infringement defendant’s repeated defiance of an injunction justifies an award of $335,000 in sanctions.
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June 13, 2022
2nd Circuit: Copyright Dispute Over Bikini Design Time-Barred
NEW YORK — In a May 31 summary order, the Second Circuit U.S. Court of Appeals found no error in a New York federal judge’s determination that a copyright infringement plaintiff was on notice of a dispute over ownership in 2015 more than three years before filing an amended complaint.
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June 10, 2022
California Federal Judge Reconsiders Causal Nexus Summary Judgment Ruling
LOS ANGELES — A denial of a motion for summary judgment that asserted that an infringement plaintiff could not demonstrate a causal nexus between the alleged copyright infringement and the profits for two films was in error, a federal judge in California ruled June 8.
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June 09, 2022
Panel Upholds Summary Judgment In ‘Shawty So Cold’ Copyright Case
SAN FRANCISCO — In a June 7 ruling, the Ninth Circuit U.S. Court of Appeals said a California federal judge did not err in granting Sony Music Entertainment and two defendants summary judgment on allegations that they infringed the sound recording and musical composition copyright to the beat track “Shawty So Cold.”
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June 09, 2022
Parties Spar Over Copyright Protection For Floor Plans In High Court Briefs
WASHINGTON, D.C. — The Eighth Circuit U.S. Court of Appeals’ interpretation of the Architectural Works Copyright Protection Act (AWCPA) is “indefensible,” a group of real estate brokerage firms and agents tell the U.S. Supreme Court in a June 8 reply brief supporting their petition for certiorari in which they ask the high court to provide guidance on whether floor plans constitute protectable items under the statute.
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June 08, 2022
Federal Magistrate Judge In Tennessee: Copyright Plaintiff Entitled To Fees
NASHVILLE, Tenn. — Although recommending a reduction in the amount requested, a federal magistrate judge in Tennessee on June 6 said a prevailing copyright infringement plaintiff is entitled to reimbursement of her attorney fees in a dispute over dog breed illustrations.
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May 24, 2022
Expert Who Conducted Survey On Reasons For Game Purchase Can Testify, Judge Says
CLEVELAND — An Ohio federal judge on May 20 denied a man’s motion to exclude a video game company’s expert witness who conducted a survey on why consumers purchased a video game that the man alleges contains his copyrighted materials, finding that his objections are best resolved through cross-examination.
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May 20, 2022
Panel Affirms Relief, Says THC-Containing Products Aren’t Illegal
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on May 19 upheld a preliminary injunction barring the sale of allegedly counterfeit e-cigarette and vaping products, rejecting a copyright infringement and unfair competition defendant’s claim that certain tetrahydrocannabinol (THC)-containing products cannot be trademarked or copyrighted because THC is unlawful under federal law.
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May 18, 2022
Contract Case Not Preempted By Copyright, California Federal Judge Says
LOS ANGELES — In a May 13 in-chambers order a federal judge in California ruled that a breach of contract case against Vizio Inc. belongs in California state court, where it was originally filed, rejecting Vizio’s assertion that the dispute is preempted by federal copyright law.
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May 17, 2022
In New York Copyright Dispute Over Dress Lace, Claims Dismissed In Part
NEW YORK — Retailers accused by a lace company of incorporating a copyrighted lace design into their product line were denied dismissal on May 14 of allegations of copyright infringement as it relates to one dress but granted dismissal with regard to another.
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May 13, 2022
9th Circuit Affirms That Appellant Failed To Prove Co-Authorship
SAN FRANCISCO — In a May 11 unpublished ruling, the Ninth Circuit U.S. Court of Appeals upheld a California federal judge’s rejection of a challenge to the copyright ownership of Antonia Basilotta, performing as Toni Basil, in various musical works.
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May 11, 2022
Panel Reinstates Claim For ‘Copyright Law Violations’ Before Claims Court
WASHINGTON, D.C. — In a May 9 holding, the Federal Circuit U.S. Court of Appeals said that the U.S. Court of Federal Claims must revisit a pro se plaintiff’s allegations that the federal government committed “copyright law violations” when it published his scientific work without authorization.
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May 11, 2022
California Federal Judge Says Contract Case Preempted By Copyright
SAN JOSE, Calif. — In a May 10 holding, a federal judge in California denied a motion to remand a breach of contract and unjust enrichment case against Pixar Animation Studios, producer of the film “Onward,” to the Alameda County, Calif., Superior Court on grounds of federal copyright preemption.
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May 06, 2022
Dismissal Of ‘Can’t Help Falling In Love’ Copyright Case Affirmed By Panel
NEW YORK — A federal judge in New York did not err in dismissing a declaratory judgment action involving the validity of a termination of the copyright to the hit song “Can’t Help Falling In Love” made famous by Elvis Presley, the Second Circuit U.S. Court of Appeals ruled May 4 in a blow to the heirs of songwriter Hugo Peretti.