Mealey's Copyright
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February 12, 2021
ISP Appeals $1 Billion Copyright Infringement Judgment To 4th Circuit
ALEXANDRIA, Va. — On the heels of a judge’s staying execution of a $1 billion judgment against Cox Communications Inc. in a copyright infringement lawsuit brought against it by a group of record labels and music publishers, the internet service provider (ISP) filed a notice on Feb. 10 informing a Virginia federal court that it had appealed the judgment and underlying rulings to the Fourth Circuit U.S. Court of Appeals.
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February 12, 2021
9th Circuit Hears Arguments Over Performance Rights For Pre-1972 Sound Recordings
PASADENA, Calif. — A dispute between members of The Turtles and Sirius XM Radio Inc. about licenses and performance rights related to copyrights for sound recordings predating 1972 was heard by the Ninth Circuit U.S. Court of Appeals in oral arguments on Feb. 8, as the parties presented their positions on what rights are conferred to the owners of such recordings under California Civil Code Section 980(a)(2).
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February 11, 2021
Indiana Federal Magistrate Judge Transfers Copyright Case To Oregon Court
SOUTH BEND, Ind. — In a Feb. 8 holding, a federal magistrate judge in Indiana agreed with a copyright infringement defendant that a forum-selection clause in a previous settlement between it and a copyright owner compels transfer of the action to the U.S. District Court for the District of Oregon for further review.
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February 11, 2021
11th Circuit Affirms Fee Award In Copyright, Trademark Case
ATLANTA — The 11th Circuit U.S. Court of Appeals on Feb. 10 found no abuse of discretion in a Florida federal judge’s determination that a copyright and trademark dispute over billboard artwork and wording rises to the level of “exceptional,” thereby triggering an award of attorney fees and expert witness costs.
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February 10, 2021
University Of Rhode Island Enjoined In California Copyright Row
SAN FRANCISCO — In a Feb. 4 holding, a federal judge in California deemed a plaintiff likely to succeed on the merits of its claim that the University of Rhode Island (URI) circumvented various technological measures “to gain unauthorized access” to copyrighted design automation software.
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February 10, 2021
Copyright, Trademark Claims Survive Dismissal Request In New York
NEW YORK — In a Feb. 9 holding, a federal judge in New York granted dismissal of allegations by a plaintiff that its former employee was unjustly enriched by his formation of a competing company but allowed other allegations to proceed, including causes of action for copyright and trademark infringement.
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February 09, 2021
D.C. Circuit Upholds Dismissal Of Copyright Claims On Access Grounds
WASHINGTON, D.C. — A federal judge in the District of Columbia did not err in dismissing allegations of copyright infringement leveled against Sony Music Entertainment Inc. and NBC Universal Pictures, the District of Columbia Circuit U.S. Court of Appeals said Feb. 5 in a dispute in which a pro se plaintiff sought “$1 Quadrillion” in damages.
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February 08, 2021
6th Circuit: License Of Works No Violation Of Copyright Act
CINCINNATI — A decision by a nonprofit trade association to license and potentially transfer its intellectual property to a web standards organization does not violate the copyrights of its independent contributors, the Sixth Circuit U.S. Court of Appeals ruled Feb. 5.
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February 05, 2021
Princeton, Facebook Seek 3rd Dismissal Of Virtual Reality Items Copyright Claims
SAN FRANCISCO — Princeton University and Facebook Inc. on Feb. 2 filed a motion to dismiss copyright infringement claims brought by a Lithuanian company over a collection of its three-dimensional scenes and objects, telling a California federal court that the twice-dismissed claims merit yet another dismissal because the plaintiff has not yet registered his works with the U.S. Copyright Office.
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February 03, 2021
Divided Panel: Copyright Plaintiff Entitled To 1 Award Of Damages
SAN FRANCISCO — Although upholding a California federal judge’s finding that a fabric design was independently created and thus entitled to broad copyright protection, the Ninth Circuit U.S. Court of Appeals on Feb. 2 disagreed with the judge that the copyright owner is entitled to multiple awards of statutory damages from defendants that willfully infringed the work.
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January 28, 2021
9th Circuit Partly Reinstates Photographer’s Copyright Claims
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Jan. 25 found that a California federal judge abused his discretion when dismissing as time-barred allegations that an online women’s magazine infringed a copyrighted photograph of two Hollywood stars.
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January 28, 2021
Amazon Wins Partial Dismissal Of Copyright Claims In Washington
SEATTLE — Allegations that Amazon.com Inc. and Amazon Digital Services LLC infringed musical composition copyrights by “making available” pirated copies online were dismissed Jan. 25 by a federal judge in Washington.
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January 25, 2021
Copyright Claims In Massachusetts Dismissed Amid Fair Use Finding
BOSTON — A federal judge in Massachusetts on Jan. 21 found that the moderator of a social networking website did not incur liability for copyright infringement when moving the group, and all existing posts and comments, to a new web location to avoid Russian censorship.
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January 15, 2021
Plaintiff Wants YouTube’s Counterclaims Dismissed In Anti-Infringement Tool Suit
SAN JOSE, Calif. — One of two plaintiffs suing YouTube LLC for purportedly denying them access to a copyright anti-infringement tool that larger entities are permitted to use asks a California federal court tn a Jan. 14 reply brief to dismiss YouTube’s counterclaims against it, arguing that the counterclaims lack specificity and supporting facts.
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January 15, 2021
Cert Denied In Software Dispute Over Copyright And All Writs Act
WASHINGTON, D.C. — In its Jan. 11 order list, the U.S. Supreme Court turned away a petition for certiorari that poses the question of whether U.S. courts can enforce monetary judgments against foreign companies under the All Writs Act (AWA) in a dispute involving copyrighted software.
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January 14, 2021
Hendrix Brother Held In Contempt In New York Copyright, Trademark Row
NEW YORK — In a Jan. 11 holding, a federal judge in New York agreed with the owner of the musical compositions and sound recordings of the late Jimi Hendrix that Leon Hendrix, brother of the legendary guitarist, has violated permanent injunctions covering various Jimi Hendrix-related copyrights and trademarks.
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January 13, 2021
Magistrate: ISP Not Entitled To Labels’ Investigator’s Report In Copyright Case
DENVER — An internet service provider (ISP) has not established a sufficient need for an investigator’s “hash report” to overcome its protections as privileged work product, a Colorado federal magistrate judge ruled Jan. 7, denying a motion to compel by Charter Communications Inc. as it defends itself from vicarious copyright infringement claims brought by a group of record labels.
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January 12, 2021
Russian Stream-Ripping Site Owner Denied Certiorari In Jurisdictional Dispute
WASHINGTON, D.C. — The owner of two Russian-based stream-ripping websites lost his bid to challenge Virginia jurisdiction on Jan. 11, when the U.S. Supreme Court denied his petition for certiorari in a copyright infringement suit filed by a group of record labels.
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January 11, 2021
In Win For Disney, High Court Turns Away ‘Inside Out’ Copyright Case
WASHINGTON, D.C. — Allegations that The Walt Disney Co. infringed a group of characters called “Moodsters” in making the film “Inside Out” will not be heard by the U.S. Supreme Court, which denied a petition for certiorari in the case on Jan. 11.
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January 11, 2021
2nd Circuit Affirms: Prior Suit Dooms New Copyright Claims Against Prince
NEW YORK — A lawsuit alleging that “Girl 6,” a song by the late artist Prince, which was dismissed in March 2017, precludes a lawsuit filed in February 2019 by the same plaintiff against some of the same defendants, and involving the same musical works, the Second Circuit U.S. Court of Appeals ruled Dec. 28.