Mealey's Copyright

  • December 03, 2018

    Justices Won’t Hear Pro Se Petitioner’s Suit Against Apple Over Reading Device

    WASHINGTON, D.C. — A Florida man who appealed the standard for dismissing his copyright infringement suit against Apple Inc. saw his petition for certiorari denied by the U.S. Supreme Court Dec. 3, leaving a judgment against the pro se litigant in tact (Thomas S. Ross v. Apple Inc., No. 18-494, U.S. Sup., 2018 U.S. LEXIS 7142).

  • December 03, 2018

    Media-Monitoring Service Denied Certiorari In Fair-Use Spat With Fox News

    WASHINGTON, D.C. — The provider of an online media-monitoring service saw its petition for certiorari denied in the U.S. Supreme Court’s Dec. 3 order list, leaving its question about the transformative use of copyrighted material in a dispute with Fox News Network LLC unanswered (TVEyes Inc. v. Fox News Network LLC, No. 18-321, U.S. Sup., 2018 U.S. LEXIS 7049).

  • November 30, 2018

    Pro Se Copyright Holder Appeals Dismissal Standard To U.S. Supreme Court

    WASHINGTON, D.C. — With the Nov. 7 decision by Apple Inc. to waive its right to respond to his petition for certiorari, a pro se litigant awaits a decision by the U.S. Supreme Court on whether it will consider his presented question on the standard for granting a motion to dismiss in copyright litigation (Thomas S. Ross v. Apple Inc., No. 18-494, U.S. Sup.).

  • November 30, 2018

    ‘Jersey Boys’ Creators Defend Fair Use Judgment In 9th Circuit Appeal

    SAN FRANCISCO — Members of the band the Four Seasons and others connected with the popular musical “Jersey Boys” tell the Ninth Circuit U.S. Court of Appeals in an Oct. 23 appellee brief that any similarities between the play and an unpublished book about the band are attributable to historical elements and constitute fair use (Donna Corbello v. Frankie Valli, et al., No. 17-16337, 9th Cir.).

  • November 28, 2018

    Chamber Of Commerce Opposes Nontaxable Costs Awards In High Court Copyright Case

    WASHINGTON, D.C. — In a Nov. 20 amicus curiae brief supporting petitioner Rimini Street Inc., the U.S. Chamber of Commerce tells the U.S. Supreme Court that an award of nontaxable costs to Oracle USA Inc. in an underlying software copyright lawsuit runs counter to copyright law and will lead to unpredictable results in future litigation (Rimini Street Inc., et al. v. Oracle USA Inc., et al., No. 17-1625, U.S. Sup.).

  • November 28, 2018

    ‘Copyright Troll’ Porn Firm Denied Discovery To Identify Doe Downloading Defendant

    WASHINGTON, D.C. — Characterizing an adult entertainment company as a serial litigator, a District of Columbia federal judge on Nov. 16 denied the plaintiff’s motion to conduct pre-conference discovery to learn the identity of a John Doe defendant in a copyright infringement case, chiding the plaintiff for treating the court like “an ATM” in its “high-tech shakedown” (Strike 3 Holdings LLC v. John Doe, No. 1:18-cv-01425, D. D.C., 2018 U.S. Dist. LEXIS 195580).

  • November 28, 2018

    D.C. Circuit Upholds $794,000 Attorney Fee Award In Copyright Case

    WASHINGTON, D.C. — A District of Columbia federal judge’s determination that a willful copyright infringer should reimburse a plaintiff $794,203.42 in attorney fees was not an abuse of discretion, the District of Columbia U.S. Circuit Court of Appeals ruled Nov. 27 (Spanski Enterprises Inc. v. Telewizja Polska, No. 18-7050, D.C. Cir., 2018 U.S. App. LEXIS 33303).

  • November 27, 2018

    Ohio Federal Judge Disqualifies Counsel In Copyright Dispute

    COLUMBUS, Ohio — A church accused of copyright infringement succeeded Nov. 21 in persuading an Ohio federal judge to disqualify counsel for a plaintiff, based upon the attorney’s previous provision of legal advice to the church in intellectual property-related matters (Judith Schlueter v. Bethesda Healing Ministry Inc., No. 17-1055, S.D. Ohio, 2018 U.S. Dist. LEXIS 198342).

  • November 26, 2018

    3rd Circuit: Mandamus Not Warranted In Dispute Over Forum Clause

    PHILADELPHIA — In a divided Nov. 21 ruling, the Third Circuit U.S. Court of Appeals found that although two copyright infringement plaintiffs are not bound by a forum-selection clause and that a Pennsylvania federal judge “got it wrong” when transferring one of the cases to New York, mandamus is an “extraordinary remedy” not warranted on the facts of the instant cases (In re: McGraw-Hill Global Education Holdings LLC, Nos. 17-2826, 17-3444, 3rd Cir., 2018 U.S. App. LEXIS 32931).

  • November 16, 2018

    News Group Argues For Broader Litigation Rights In High Court Copyright Case

    WASHINGTON, D.C. — A news organization in its Nov. 13 merits reply brief tells the U.S. Supreme Court that the Copyright Act permits a copyright owner to sue for infringement after it has applied for a copyright without requiring it to wait until registration has been granted by the U.S. Copyright Office, asserting that finding otherwise would be inconsistent with the statute’s wording and would create barriers to owners’ efforts to protect their works (Fourth Estate Public Benefit Corp. v. LLC, et al., No. 17-571, U.S. Sup.).

  • November 16, 2018

    9th Circuit Denies Rehearing, But Modifies Ruling In Copyright Case

    SAN FRANCISCO — On Oct. 31, the Ninth Circuit U.S. Court of Appeals issued a modified ruling in a dispute over copyright protection for digitally remastered sound recordings originally fixed before 1972, removing language relating to preemption and derivative works while adding an observation that the recently enacted Music Modernization Act (MMA) preempts state law claims for digital transmissions of pre-1972 sound recordings (ABS Entertainment Inc., et al. v. CBS Corporation, et al., No. 16-55917, 9th Cir., 2018 U.S. App. LEXIS 30808).

  • November 16, 2018

    2nd Circuit Won’t Rehear Dispute Over Copyright Claim Accrual

    NEW YORK — A June 2018 ruling that revived plaintiffs’ claims of authorship and ownership of the renewal term copyrights in the 1973 song “Sho’ Nuff” will not be revisited, the Second Circuit U.S. Court of Appeals revealed Nov. 14 (John Wilson, et al. v. Dynatone Publishing Co., et al., No. 17-1549, 2nd Cir., 2018 U.S. App. LEXIS 32202).

  • November 15, 2018

    Sanctions Against Attorney For Copyright Defendant Upheld By 7th Circuit

    CHICAGO — In a Nov. 14 ruling, the Seventh Circuit U.S. Court of Appeals affirmed an Indiana federal judge’s decision to order monetary sanctions against an attorney who moved for an award of fees following a settlement of copyright infringement allegations (Richard N. Bell v. Vacuforce LLC, Nos. 18-1159, 1368, 7th Cir., 2018 U.S. App. LEXIS 32196).

  • November 14, 2018

    Software Support Firm Tells High Court Oracle’s Costs Award Was Improper

    WASHINGTON, D.C. — A trial court erred in awarding Oracle USA Inc. nontaxable costs in a copyright infringement lawsuit, a software support company argues in its Nov. 13 merits brief to the U.S. Supreme Court, stating that the guidelines of the Fee Act do not permit such an award (Rimini Street Inc., et al. v. Oracle USA Inc., et al., No. 17-1625, U.S. Sup.).

  • November 13, 2018

    Utah Federal Judge Grants Default Judgment Against BitTorrent Users

    SALT LAKE CITY — Granting a movie production company’s motion for default judgment, a Utah federal judge on Nov. 8 found that seven Doe defendants’ failure to respond to copyright infringement claims against them related to the online peer-to-peer (P2P) sharing of a motion picture merited the requested judgment; however, she reduced the requested statutory award from $10,000 to $1,500 per defendant (Bodyguard Productions Inc. v. Does 1-25, No. 2:18-cv-00026, D. Utah, 2018 U.S. Dist. LEXIS 192234).

  • November 09, 2018

    Copyright, Lanham Act Claims Over Technical Drawing Rejected

    DETROIT — In a Nov. 8 holding, a Michigan federal judge granted three defendants summary judgment because the manufacture of a machine from a copyrighted technical drawing cannot form the basis of an infringement action (RJ Control Consultants Inc., et al. v. Multiject LLC, et al., No. 16-10728, E.D. Mich., 2018 U.S. Dist. LEXIS 191187).

  • November 09, 2018

    Permission To Appeal Granted In Dispute Over Copyright Judgment

    CINCINNATI — In a Nov. 7 order, the Sixth Circuit U.S. Court of Appeals granted a petition for permission to directly appeal a bankruptcy court’s refusal to give preclusive effect to an underlying copyright infringement judgment against a debtor (In re:  MarketGraphics Research Group, No. 18-503, 6th Cir., 2018 U.S. App. LEXIS 31633).

  • November 07, 2018

    Illinois Federal Magistrate Judge Won’t Dismiss Photographer’s Copyright Claim

    CHICAGO — Allegations of copyright infringement and breach of contract by a photographer in connection with a gallery’s display of his work in 2013 will proceed, in part, an Illinois federal magistrate judge ruled Nov. 6 (Stanley Rosenstock v. Annette E. Sollars, No. 18-4554, N.D. Ill., 2018 U.S. Dist. LEXIS 189508).

  • November 01, 2018

    Personal Jurisdiction Lacking In Copyright, Trademark Dispute

    SAN FRANCISCO — An amended trademark and copyright infringement complaint, filed in response to a previous order that granted dismissal without prejudice, insufficiently pleads the existence of personal jurisdiction over a Hawaii corporation, a California federal judge ruled Oct. 31 (Pacific Overlander LLC v. Kauai Overlander LLP, No. 18-2142, N.D. Calif., 2018 U.S. Dist. LEXIS 186719).

  • October 31, 2018

    New York Federal Judge Stands By Description Of Attorney As ‘Copyright Troll’

    NEW YORK — A New York federal judge on Oct. 26 denied a request by an attorney that she redact a February decision that referred to the attorney as a “copyright troll” (Matthew McDermott v. Monday Monday LLC, No. 17-9230, S.D. N.Y., 2018 U.S. Dist. LEXIS 184049).

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