Mealey's Copyright

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • January 11, 2021

    Limitations Period Wrongly Calculated In Copyright Case, 3rd Circuit Says

    PHILADELPHIA — In a ruling issued Dec. 24, the Third Circuit U.S. Court of Appeals reversed a New Jersey federal judge’s determination that the three-year statute of limitations for copyright infringement is tolled from the date of injury.

  • January 11, 2021

    Divided 9th Circuit Affirms Dismissal Of Copyright Allegations

    SAN FRANCISCO — A panel of the Ninth Circuit U.S. Court of Appeals on Dec. 24 agreed with a federal judge in California that a Texas man cannot face copyright infringement claims in California because personal jurisdiction over him is lacking there.

  • January 11, 2021

    9th Circuit Reinstates Copyright Claims By Dr. Seuss Enterprises

    SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on Dec. 18 reversed a California federal judge’s finding that a book that combines the works of Dr. Seuss with the Star Trek science fiction series qualifies as a fair use under Section 107 of the Copyright Act, 17 U.S.C. § 107.

  • January 06, 2021

    Federal Judge Stays Coverage Suit Pending Resolution Of Underlying Copyright Action

    SAN DIEGO — A federal judge in California on Dec. 22 stayed an insurer’s lawsuit disputing coverage for an underlying copyright infringement and trade secret appropriation action, finding that the three factors in Landis v. N. Am. Co. weigh in favor of a stay pending resolution of the underlying action.

  • December 18, 2020

    Dismissal Of Copyright, Trade Dress Claims Affirmed By 9th Circuit

    SAN FRANCISCO — In a Dec. 16 holding, the Ninth Circuit U.S. Court of Appeals found no error in a California federal judge’s dismissal of copyright and trade dress infringement allegations levied in connection with decorative wood products (Crafty Productions Inc. v. Fuqing Sanxing Crafts Co. Ltd., et al., No. 20-55010, 9th Cir., 2020 U.S. App. LEXIS 39494).

  • December 15, 2020

    Inclusion Of Drone Photo In Sinkhole Story Was Fair Use, Court Finds

    GREENVILLE, Tenn. — Allegations of copyright infringement leveled against a news organization were rejected Dec. 14 by a federal judge in Tennessee, who found that the defendant’s use of a photograph taken by a drone and distributed at a public meeting qualifies as a fair use (Brian Castle v. Kingsport Publishing Company, No. 19-92, E.D. Tenn., 2020 U.S. Dist. LEXIS 233919).

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