Mealey's Copyright
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March 10, 2022
Tennessee Federal Judge: ‘Gimme Some Lovin’ Copyright Claims Barred
NASHVILLE, Tenn. — Allegations by Willa Dean “Deanie” Parker and Rose Banks that a “riff” from their work “Ain’t That a Lot of Love” was copied and incorporated in the Spencer Davis work “Gimme Some Lovin” fail, a federal judge in Tennessee ruled March 8.
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March 09, 2022
Technical Drawings Production Deemed Relevant In Copyright, Trademark Dispute
BAY CITY, Mich. — Largely overruling a magistrate’s order in a copyright and trademark lawsuit, in which the discovery process has been described as “tumultuous,” a Michigan federal judge on March 3 ordered the defendant to provide responses to production and interrogatory requests related to thousands of technical drawings, finding them to be relevant to the claims and proportional to the needs of the case.
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March 03, 2022
Photographer, University Brief High Court In Takings Clause Row Over Photo Use
WASHINGTON, D.C. — In a Feb. 23 reply brief supporting its petition for certiorari, a photography business seeks a grant, remand, vacate (GVR) order from the U.S. Supreme Court, so that the Texas Supreme Court can reconsider a dispute over whether the University of Houston’s unauthorized online use of its copyrighted photo was a governmental taking in light of the subsequent ruling in Cedar Point Nursery v. Hassid.
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February 28, 2022
Warhol Foundation Tells High Court Fair Use Ruling Has 1st Amendment Issues
WASHINGTON, D.C. — The Second Circuit U.S. Court of Appeals’ finding that a series of Andy Warhol’s works, which were based on a photograph of the musician Prince, were not fair use, creates a circuit split and has free speech implications, The Andy Warhol Foundation for the Visual Arts Inc. (AWF) tells the U.S. Supreme Court in a Feb. 23 reply brief supporting its petition for certiorari.
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February 25, 2022
Panel Reinstates Copyright Case Against ‘Servant’ Apple TV Series
SAN FRANCISCO — A federal judge in California erred in dismissing allegations of copyright infringement leveled against M. Night Shyamalan, director of the series “Servant,” and the show’s network Apple TV, the Ninth Circuit U.S. Court of Appeals ruled Feb. 22.
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February 24, 2022
Federal Judge: 3rd Party Lacks Standing To Bring Section 155 Claim Against Insurer
CHICAGO — A federal judge in Illinois on Feb. 17 granted an insurer’s motion to dismiss a third party’s claim that it violated Illinois Insurance Code Section 155, denied the insurer’s motion to dismiss a declaratory judgment claim and granted the insurer’s motion to stay the coverage case pending adjudication of an underlying copyright infringement lawsuit, finding that the plaintiff lacks standing to bring a Section 155 claim.
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February 24, 2022
High Court: Unintentional Wrong Information Doesn’t Void Copyright Registration
WASHINGTON, D.C. — The safe harbor provision of Section 411(b)(1) of the Copyright Act, which maintains the validity of a copyright registration despite the inclusion of inaccurate information in the application applies to mistakes of law as well as mistakes of fact, a U.S. Supreme Court majority ruled on Feb. 24, reversing and remanding a Ninth Circuit U.S. Court of Appeals ruling that invalidated a copyright based on an applicant incorrectly filing a single registration for 31 separate works.
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February 16, 2022
Denial Of Fee Request In Instagram Copyright Case Upheld By Panel
NEW YORK — The Second Circuit U.S. Court of Appeals said Feb. 15 it would not reverse a New York federal judge’s decision to deny a publisher’s request for attorney fees it incurred in successfully defending allegations that it infringed a copyrighted photograph of former tennis player Caroline Wozniacki.
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February 16, 2022
Dwight Yoakam, Warner Records Reach Accord In Copyright Litigation
LOS ANGELES — Just one day before a planned hearing in California federal court on their competing motions for summary judgment, country singer Dwight Yoakam and Warner Records Inc. on Feb. 13 revealed that a settlement has been reached in a dispute over copyright termination notices.
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February 15, 2022
Comedians Take Aim At Pandora, Seek Maximum Copyright Damages
LOS ANGELES — The estate of the legendary comedian Robin Williams on Feb. 7 sued Pandora Media LLC in a California federal court, accusing the streaming service of copyright violations in connection with unlicensed public performances and distribution of Williams’ standup routines.
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February 15, 2022
5th Circuit Denies Bid For Rehearing In Sovereign Immunity Row
NEW ORLEANS — On Feb. 14, the Fifth Circuit U.S. Court of Appeals reissued a Sept. 8 ruling that the doctrine of sovereign immunity bars allegations of copyright infringement leveled against Texas A&M University (TAMU), again finding in favor of the school and denying a request for rehearing by an author.
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February 15, 2022
Labels Awarded Almost $83 Million For Stream-Ripping Websites’ Infringement
ALEXANDRIA, Va. — Adopting a magistrate’s recommendations, a Virginia federal judge on Feb. 10 awarded a group of plaintiff record labels $82,922,500 in statutory damages under the Copyright Act and the Digital Millennium Copyright Act (DMCA) against the operator of two stream-ripping websites that facilitated the unauthorized ripping and downloading of copyrighted songs from video streaming websites.
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February 14, 2022
Copyright Plaintiff Wins Total Award Of $336K In Attorney Fees
SAN FRANCISCO — A federal magistrate judge in the Northern District of California on Feb. 10 awarded a prevailing copyright infringement plaintiff $153,231 in attorney fees on top of an existing $182,961 fee award in connection with work performed in the case after a remand by the Ninth Circuit U.S. Court of Appeals.
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February 10, 2022
Magistrate Recommends Denial Of Motion To Dismiss Copyright Claims
AUSTIN, Texas — Allegations of copyright infringement leveled by a Canadian not-for-profit developer of standards and codes against a book publisher should be allowed to proceed, a federal magistrate judge in Texas ruled Feb. 9.
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February 08, 2022
Plaintiff Sees Trademark, Copyright Claims Against YouTube Tossed Again
SAN FRANCISCO — A pro se trademark and copyright infringement plaintiff who sought and won leave to amend in October 2021 saw his fourth amended complaint dismissed Feb. 3 by a federal judge in California.
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February 02, 2022
6th Circuit Upholds Fee Award On Pro Se Copyright, Trademark Claims
CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Jan. 26 found no abuse of discretion in a Tennessee federal judge’s determination that several entities are entitled to an award of attorney fees incurred in their successful defense of allegations of copyright and trademark infringement.
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January 31, 2022
Editor’s Note
The journalists and staff of Mealey’s Litigation Reports are saddened by the passing of co-founder Michael P. Mealey. He was a respected member of the newsletter community, being named publisher of the year by the National Newsletter Association and president of the National Newsletter Association. Mike and Judy Mealey started Mealey Publications Inc. in 1984. As president, Mike grew the Mealey’s Litigation Report portfolio, introduced email news bulletins and electronic CD formats and launched a continuing legal education conference business. Mealey’s was sold to LexisNexis in 2000. We hope to carry on his journalistic curiosity and integrity in the titles we continue to publish today under his name.
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January 27, 2022
11th Circuit Upholds Win For Telemundo In Copyright Ownership Row
ATLANTA — A letter agreement to produce the telenovela “El Señor de los Cielos” gave Telemundo Television Studios LLC the right to produce a second season of the series, the 11th Circuit U.S Court of Appeals concluded Jan. 24, affirming summary judgment.
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January 25, 2022
ISP Seeks Relief From $1B Copyright Judgment, Requests Discovery Over New Evidence
ALEXANDRIA, Va. — Citing new information that misrepresentations were made over evidence used against it by the plaintiff record labels in a copyright infringement suit, an internet service provider (ISP) on Jan. 11 filed its second motion in Virginia federal court seeking relief from a $1 billion judgment against it as “tainted by serious misconduct,” with the ISP also asking the court to permit discovery into the matter.
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January 20, 2022
Professors, Others Support Warhol Foundation’s High Court Petition Over Fair Use
WASHINGTON, D.C. — Amicus curiae briefs were filed in the U.S. Supreme Court on Jan. 10 and 12 supporting a petition for certiorari by The Andy Warhol Foundation for the Visual Arts Inc. (AWF) over when a work of art is transformative for purposes of a fair use defense against copyright infringement, with the amici arguing that the Second Circuit U.S. Court of Appeals’ ruling against the foundation upended longstanding fair use standards and threatened to chill artistic expression.