Mealey's Copyright
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March 29, 2021
‘Prince Series’ By Andy Warhol Was Not A Fair Use, 2nd Circuit Says
NEW YORK — A federal judge in New York erred in deeming 15 works by Andy Warhol based on an iconic, copyrighted photograph of the late musician Prince a fair use, the Second Circuit U.S. Court of Appeals ruled March 26; in the same decision, the panel went on to find that Warhol’s works — known as the “Prince Series” — are substantially similar to the photograph in question.
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March 24, 2021
In Minnesota Copyright Row, Defendants Prevail Against FICO
MINNEAPOLIS — A statute of limitations affirmative defense to allegations of breach of contract will not be presented at trial, a federal judge in Minnesota ruled March 23, granting Fair Isaac Corp. (FICO) partial summary judgment; in the same opinion, however, the defendants were granted summary judgment on FICO’s related copyright infringement claims.
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March 19, 2021
Fee Award For John Doe Defendant Upheld In Copyright Case
SAN FRANCISCO — A federal judge in Washington did not err in awarding a defendant accused of copyright infringement attorney fees even though the infringement allegation was later voluntarily dismissed, the Ninth Circuit U.S. Court of Appeals ruled March 18.
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March 17, 2021
Tennessee Federal Magistrate Says Fees Should Be Denied In Copyright Case
NASHVILLE, Tenn. — A federal magistrate judge in Tennessee on March 16 recommended that an award of attorney fees sought by Steve Winwood and a music publisher be denied, even though the singer-songwriter was cleared of allegations that he committed copyright infringement.
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March 16, 2021
Software Firm Sues Dutch Counterpart For Trademark, Copyright, Contract Violations
BREVARD, N.C. — An anti-phishing software firm filed suit in North Carolina federal court on March 12 against a Dutch company that had been its business partner, asserting trademark and copyright infringement related to computer source code that it says was used to develop new products and that the plaintiff claims belong to it .
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March 12, 2021
2nd Circuit Sets Argument Date For Website Copyright, Trade Dress Dispute
NEW YORK — The Second Circuit U.S. Court of Appeals on March 11 set a May 6 argument date for an appeal concerning personal jurisdiction and alter ego liability in a dispute over two websites found to infringe the copyright and trade dress of a graduation apparel company’s website.
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March 12, 2021
Zillow Again Heading To Trial In Washington Federal Copyright Case
SEATTLE — A motion by Zillow Group Inc. for judgment as a matter of law (JMOL) that copyright registrations owned by a real estate photography firm are invalid was denied March 10 by a federal judge in Washington, who instead directed the parties to prepare for an upcoming trial on whether Zillow’s infringement was innocent.
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March 11, 2021
In New York Copyright Row, Federal Judge Finds No Fair Use
BROOKLYN, N.Y. — A New York federal judge on March 9 ordered a plaintiff who sued a photographer seeking a declaration of no copyright infringement to pay the photographer $750 in damages, the statutory minimum.
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March 09, 2021
Remote Review Of Source Code OK’d In ISP Copyright Case Due To COVID Restrictions
DENVER — A Colorado federal magistrate judge on March 8 issued a supplemental stipulated protective order allowing the plaintiff record labels in a copyright infringement suit against an internet service provider (ISP) to conduct their review of Charter Communications Inc.’s computer source code remotely due to restrictions related to the COVID-19 pandemic.
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March 05, 2021
11th Circuit: Aggregator Lacked Implied License To Use Copyrighted Works
ATLANTA — In a March 3 holding, the 11th Circuit U.S. Court of Appeals left intact a jury’s verdict that a content aggregator incurred liability for copyright infringement when copying and publishing the content of a blog.
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March 04, 2021
Getty Correctly Won Judgment In Copyright Row, 2nd Circuit Says
NEW YORK — Allegations of copyright infringement against Getty Images US Inc. were correctly rejected by a New York federal judge, the Second Circuit U.S. Court of Appeals ruled March 3, because there is no issue of fact regarding Getty’s license to use various disputed images.
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March 04, 2021
9th Circuit Upholds Fee Award In Copyright Dispute Over Artwork
SAN FRANCISCO — A federal judge in Washington did not err in granting a defendant artist and his art studio summary judgment on allegations of copyright infringement or in awarding them $1.6 million in attorney fees for defending against the baseless claims, the Ninth Circuit U.S. Court of Appeals said March 1.
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February 25, 2021
Copyright Claims Against Stephen King Properly Dismissed, Panel Says
ATLANTA — In a Feb. 23 ruling, the 11th Circuit U.S. Court of Appeals said a federal judge in Florida did not err in rejecting allegations of copyright infringement levied in connection with “The Dark Tower” book series by Stephen King, later adapted into a motion picture.
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February 17, 2021
9th Circuit Upholds Grant Of Fee Request In Copyright Case
SAN FRANCISCO — A plaintiff who prevailed at trial on allegations that a competitor infringed its copyrighted take-apart working toy engine was properly granted a request for reimbursement of its attorney fees, even though its related allegations of trade dress infringement and intentional interference with prospective economic advantage were rejected by jurors, the Ninth Circuit U.S. Court of Appeals ruled Feb. 16.
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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.