Mealey's Copyright

  • January 28, 2019

    Rhode Island Federal Judge: ‘Game Of Life’ Was Work For Hire

    PROVIDENCE, R.I. — In Jan. 25 findings of fact and conclusions of law, a Rhode Island federal judge rejected a request by the heirs of a toy developer for a declaration of their entitlement to termination rights under Section 304 of the Copyright Act of 1976, 17 U.S.C. § 304(c), to the “Game of Life” board game (Markham Concepts Inc., et al. v. Hasbro Inc., et al., No. 15-419, D. R.I., 2019 U.S. Dist. LEXIS 12112).

  • January 25, 2019

    Google Asks Supreme Court To Consider Fair Use Defense In Oracle Java Dispute

    WASHINGTON, D.C. — Google LLC on Jan. 25 filed its second petition for certiorari in a long-running copyright dispute with Oracle America Inc., asking the U.S. Supreme Court to decide what constitutes fair use in the context of software development (Google LLC v. Oracle America Inc., No. 18A417, U.S. Sup.).

  • January 24, 2019

    Trade Secret, Copyright Suit Defendants Ordered To Turn Over Email Attachments

    SHERMAN, Texas — A federal judge in Texas on Jan. 22 ordered defendants in a trade secrets misappropriation and patent and copyright infringement lawsuit to turn over nine email attachments that were previously withheld from discovery requests, rejecting the defendants’ argument that the documents are not relevant to the plaintiff’s claims and are protected trade secrets (Performance Pulsation Control Inc. v. Sigma Drilling Technologies LLC, et al., No. 17-0450, E.D. Texas, 2019 U.S. Dist. LEXIS 10166).

  • January 24, 2019

    Virginia Federal Judge Dismisses ‘Stream Ripping’ Copyright Case

    ALEXANDRIA, Va. — A Russian national on Jan. 22 won dismissal by a Virginia federal judge of copyright infringement allegations levied in connection with his two websites devoted to “stream ripping” (UMG Recordings Inc., et al. v. Tofig Kurbanov, No. 18-957, E.D. Va., 2019 U.S. Dist. LEXIS 10975).

  • January 22, 2019

    Supreme Court Won’t Review Finding That Trade Dress Claim Is Preempted

    WASHINGTON, D.C. — An August 2018 finding by the Eighth Circuit U.S. Court of Appeals that a visual artist’s trade dress claim was preempted by the Copyright Act will stand, thanks to a denial of certiorari Jan. 22 by the U.S. Supreme Court (Bruce Munro, et al. v. Lucy Activewear Inc., et al., No. 18-615, U.S. Sup.).

  • January 18, 2019

    Photographer, Amici Ask High Court To Consider Photos’ Copyrightable Elements

    WASHINGTON, D.C. — The U.S. Supreme Court on Jan. 7 received briefs from two amici curiae supporting the petition for certiorari of a photographer who sued Nike Inc. over the purported infringement of his famous photograph of Michael Jordan, asking the high court to extend the copyright protection enjoyed by other art forms to photography (Jacobus Rentmeester v. Nike Inc., No. 18-728, U.S. Sup.).

  • January 16, 2019

    VidAngel Asks Court To Modify Preliminary Injunction In Movie-Filtering Case

    LOS ANGELES — A video-filtering service that was sued for copyright infringement by several movie studios asked a California federal court on Jan. 11 to modify a two-year-old preliminary injunction against it to specify that its current method of video filtering, which it subsequently adopted, is not covered by the existing injunction (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 2:16-cv-04109, C.D. Calif.).

  • January 15, 2019

    Copyright Claims Against Rap Artists Were Time-Barred, Panel Affirms

    SAN FRANCISCO — A California federal judge correctly dismissed a complaint alleging copyright infringement by Calvin Broadus Jr., doing business as Snoop Dogg, Andre Young, doing business as Dr. Dre, and producer Marion Knight because the allegations were untimely, the Ninth Circuit U.S. Court of Appeals ruled Jan. 11 (Antonio White, et al. v. Calvin Broadus, et al., No. 17-55864, 9th Cir., 2019 U.S. App. LEXIS 1050).

  • January 14, 2019

    Oral Arguments Held In Dispute Over Nontaxable Costs In Copyright Cases

    WASHINGTON, D.C. — The meaning of “full costs” as it appears in Section 505 of the Copyright Act, 17 U.S.C. § 505, was debated on Jan. 14 before the U.S. Supreme Court in a longstanding dispute over Oracle USA Inc. software (Rimini Street Inc., et al. v. Oracle USA Inc., et al., No. 17-1625, U.S. Sup.).

  • January 10, 2019

    9th Circuit: Standing Lacking In Copyright Dispute Over Unfinished Film

    SAN FRANCISCO — In a Jan. 9 per curiam holding, the Ninth Circuit U.S. Court of Appeals affirmed dismissal by a California federal judge of a declaratory judgment action involving copyrights related to Bob Marley and an unfinished film on the late musician (Royal Palm Filmworks v. Fifty-Six Hope Road Music Ltd., No. 17-56313, 9th Cir., 2019 U.S. App. LEXIS 739).

  • January 08, 2019

    Parties Debate Implication Of Copyright Registration Before Supreme Court

    WASHINGTON, D.C. — A longstanding circuit split moved one step closer to resolution Jan. 8 when at oral arguments counsel for a news website operator told the U.S. Supreme Court that the U.S. Copyright Office must grant a copyright registration before infringement litigation can commence (Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, et al., No. 17-571, U.S. Sup.).

  • January 07, 2019

    Nontaxable Costs Awards Debated In High Court Oracle Software Copyright Case

    WASHINGTON, D.C. — Responding to a brief by Oracle USA Inc. and supporting amici curiae, a software support firm on Jan. 4 filed its merits reply brief in the U.S. Supreme Court, arguing that the Copyright Act does not support an award of nontaxable costs to the prevailing litigant in a copyright lawsuit (Rimini Street Inc., et al. v. Oracle USA Inc., et al., No. 17-1625, U.S. Sup.).

  • January 04, 2019

    California Federal Judge: Ownership Of Intellectual Property Not Demonstrated

    LOS ANGELES — Allegations of trade dress and copyright infringement levied against Dollar General Corp. in connection with sprinkler toys were rejected on summary judgment on Dec. 28 by a California federal judge, who found that a plaintiff is unable to demonstrate ownership of the intellectual property at issue (Swift Harvest USA LLC v. Dollar General Corporation, No. 17-8644, C.D. Calif., 2018 U.S. Dist. LEXIS 217845).

  • January 04, 2019

    New York Federal Magistrate Says Publishers Are Entitled To $6.2M Default Judgment

    NEW YORK — In a Jan. 2 report, a New York federal magistrate judge recommended an award of $6.2 million on behalf of four publishers that accuse 15 individuals and one corporate defendant of copyright and trademark infringement in connection with their online sales of counterfeit textbooks (Elsevier Inc., et al. v. Siew Yee Chew, et al., No. 17-6225, S.D. N.Y., 2019 U.S. Dist. LEXIS 196).

  • January 03, 2019

    6th Circuit Upholds $30,000 Statutory Damage Award In Copyright Case

    CINCINNATI — On Dec. 20, the Sixth Circuit U.S. Court of Appeals rejected a copyright infringer’s challenge to an award of $30,000 in statutory damages that were issued by an Ohio federal judge to a competing recording artist (Robert L. Smith Jr. v. Bernard Thomas, No. 18-3380, 6th Cir., 2018 U.S. App. LEXIS 35916).

  • December 18, 2018

    Texas Federal Judge Won’t Dismiss Patagonia’s Copyright Claims

    HOUSTON — Allegations by Patagonia Inc. that an online seller infringed Patagonia’s copyright-pending product photographs will proceed, a Texas federal judge ruled Dec. 17 (Patagonia Inc. v. Erin Lee Lobdell d/b/a Lonestar Trade, No. 18-3653, S.D. Texas, 2018 U.S. Dist. LEXIS 211766).

  • December 17, 2018

    Studios Seek Judgment On DMCA, Infringement Claims Against Video-Filtering Firm

    LOS ANGELES — On remand after a favorable ruling from the Ninth Circuit U.S. Court of Appeals, a group of movie studios on Dec. 14 ask a California federal court to grant them summary judgment as to liability on their copyright infringement and Digital Millennium Copyright Act (DMCA) claims against a video-streaming company that makes family-friendly edits of movies (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 2:16-cv-04109, C.D. Calif.).

  • December 17, 2018

    Oracle Tells Supreme Court Copyright Act Supports Award Of Nontaxable Costs

    WASHINGTON, D.C. — With oral arguments approaching, Oracle USA Inc. filed its respondent brief in the U.S. Supreme Court on Dec. 13, defending an award of nontaxable costs it was granted in a software license copyright dispute and arguing that the Copyright Act provides for an award of full costs to a prevailing party and not just certain costs, as the petitioner suggests (Rimini Street Inc., et al. v. Oracle USA Inc., et al., No. 17-1625, U.S. Sup.).

  • December 14, 2018

    Illinois Federal Judge Won’t Dismiss Copyright Claims Against Bankers

    CHICAGO — A motion to dismiss filed by an investment bank and its agent was denied Dec. 13 by an Illinois federal judge, who rejected as premature the defendants’ claim that the information in dispute is factual and not subject to copyright protection (UIRC-GSA Holdings Inc. v. William Blair & Company, et al., No. 15-9518, N.D. Ill., 2018 U.S. Dist. LEXIS 210499).

  • December 14, 2018

    Ed Sheeran To 2nd Circuit: Intervention In ‘Let’s Get It On’ Suit Was Untimely

    NEW YORK — In a Nov. 29 appellee brief, pop singer Ed Sheeran asks the Second Circuit U.S. Court of Appeals to affirm the denial of a third party’s motion to intervene in a suit alleging copyright infringement of Marvin Gaye’s 1973 hit “Let’s Get It On,” arguing that the prospective intervenor waited more than three years to take action over its purported rights in the song (Kathryn Townsend Griffin, et al. v. Edward Christopher Sheeran, et al., No. 18-1862, 2nd Cir.).

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