Mealey's Copyright

  • November 14, 2018

    Software Support Firm Tells High Court Oracle’s Costs Award Was Improper

    WASHINGTON, D.C. — A trial court erred in awarding Oracle USA Inc. nontaxable costs in a copyright infringement lawsuit, a software support company argues in its Nov. 13 merits brief to the U.S. Supreme Court, stating that the guidelines of the Fee Act do not permit such an award (Rimini Street Inc., et al. v. Oracle USA Inc., et al., No. 17-1625, U.S. Sup.).

  • November 13, 2018

    Utah Federal Judge Grants Default Judgment Against BitTorrent Users

    SALT LAKE CITY — Granting a movie production company’s motion for default judgment, a Utah federal judge on Nov. 8 found that seven Doe defendants’ failure to respond to copyright infringement claims against them related to the online peer-to-peer (P2P) sharing of a motion picture merited the requested judgment; however, she reduced the requested statutory award from $10,000 to $1,500 per defendant (Bodyguard Productions Inc. v. Does 1-25, No. 2:18-cv-00026, D. Utah, 2018 U.S. Dist. LEXIS 192234).

  • November 09, 2018

    Copyright, Lanham Act Claims Over Technical Drawing Rejected

    DETROIT — In a Nov. 8 holding, a Michigan federal judge granted three defendants summary judgment because the manufacture of a machine from a copyrighted technical drawing cannot form the basis of an infringement action (RJ Control Consultants Inc., et al. v. Multiject LLC, et al., No. 16-10728, E.D. Mich., 2018 U.S. Dist. LEXIS 191187).

  • November 09, 2018

    Permission To Appeal Granted In Dispute Over Copyright Judgment

    CINCINNATI — In a Nov. 7 order, the Sixth Circuit U.S. Court of Appeals granted a petition for permission to directly appeal a bankruptcy court’s refusal to give preclusive effect to an underlying copyright infringement judgment against a debtor (In re:  MarketGraphics Research Group, No. 18-503, 6th Cir., 2018 U.S. App. LEXIS 31633).

  • November 07, 2018

    Illinois Federal Magistrate Judge Won’t Dismiss Photographer’s Copyright Claim

    CHICAGO — Allegations of copyright infringement and breach of contract by a photographer in connection with a gallery’s display of his work in 2013 will proceed, in part, an Illinois federal magistrate judge ruled Nov. 6 (Stanley Rosenstock v. Annette E. Sollars, No. 18-4554, N.D. Ill., 2018 U.S. Dist. LEXIS 189508).

  • November 01, 2018

    Personal Jurisdiction Lacking In Copyright, Trademark Dispute

    SAN FRANCISCO — An amended trademark and copyright infringement complaint, filed in response to a previous order that granted dismissal without prejudice, insufficiently pleads the existence of personal jurisdiction over a Hawaii corporation, a California federal judge ruled Oct. 31 (Pacific Overlander LLC v. Kauai Overlander LLP, No. 18-2142, N.D. Calif., 2018 U.S. Dist. LEXIS 186719).

  • October 31, 2018

    New York Federal Judge Stands By Description Of Attorney As ‘Copyright Troll’

    NEW YORK — A New York federal judge on Oct. 26 denied a request by an attorney that she redact a February decision that referred to the attorney as a “copyright troll” (Matthew McDermott v. Monday Monday LLC, No. 17-9230, S.D. N.Y., 2018 U.S. Dist. LEXIS 184049).

  • October 30, 2018

    11th Circuit Remands Copyright Dispute Over Georgia Regulations

    ATLANTA — A dismissal, on grounds of lacking subject matter jurisdiction, of a declaratory judgment action involving a legal research service’s right to publish the Georgia Administrative Rules and Regulations was erroneous, the 11th Circuit U.S. Court of Appeals ruled Oct. 29 (Fastcase Inc. v. Lawriter LLC, No. 17-14110, 11th Cir., 2018 U.S. App. LEXIS 30526).

  • October 29, 2018

    2nd Circuit Vacates, Remands Denial Of Fee Award In Copyright Case

    NEW YORK — In its second ruling in a copyright dispute over a short film, the Second Circuit U.S. Court of Appeals on Oct. 26 directed a New York federal judge to reassess a plaintiff’s request for reimbursement of its attorney fees, upon finding that such an award may still be appropriate (16 Casa Duse LLC v. Alex Merkin and Maurice Reichman, No. 17-625, 2nd Cir., 2018 U.S. App. LEXIS 30190).

  • October 29, 2018

    Supreme Court Denies Adult Firm’s Petition Over DMCA Safe Harbor

    WASHINGTON, D.C. — In its Oct. 29 order list, the U.S. Supreme Court denied an adult entertainment company’s petition for certiorari regarding the safe-harbor provision of the Digital Millennium Copyright Act (DMCA), which the petitioner said allowed video-sharing websites to evade copyright infringement liability for massive amounts of copyrighted material knowingly uploaded by third parties (Ventura Content Ltd. v. Motherless Inc., et al., No. 18-235, U.S. Sup., 2018 U.S. LEXIS 6429).

  • October 25, 2018

    Bid By Kendrick Lamar To Block Copyright Claim For Song, Album Profits Denied

    NEW YORK — A New York federal judge on Oct. 24 denied as premature a motion by Kendrick Lamar to bar a copyright infringement plaintiff from recovering profits received from the single “All the Stars” or the album “Black Panther” (Lina Iris Viktor v. Kendrick Lamar, et al., No. 19-1554, S.D. N.Y., 2018 U.S. Dist. LEXIS 182541).

  • October 25, 2018

    Fox Tells Supreme Court Media-Monitoring Service’s Copying Was Not Fair Use

    WASHINGTON, D.C. — The Second Circuit U.S. Court of Appeals correctly found that an online media-monitoring service’s copying and redistribution of Fox News Network LLC’s programs was not fair use under the Copyright Act, Fox argues in an Oct. 24 brief to the U.S. Supreme Court, opposing the service’s petition for certiorari on questions of transformative use and market harm (TVEyes Inc. v. Fox News Network LLC, No. 18-321, U.S. Sup.).

  • October 22, 2018

    11th Circuit: No Copyright Protection For Georgia Code Annotations

    ATLANTA — In an Oct. 19 ruling, the 11th Circuit U.S. Court of Appeals found that “no valid copyright interest can be asserted in any part” of the Official Code of Georgia Annotated (OCGA) because “the People are the owners of these works,” which are thus “intrinsically public domain material” (Code Revision Commission v. Public.Resource.Org, No. 17-11589, 11th Cir., 2018 U.S. App. LEXIS 29511).

  • October 22, 2018

    11th Circuit Again Reverses Fair Use Finding For University’s Online Postings

    ATLANTA — A trial court misinterpreted instructions it received on remand and misapplied the Copyright Act’s fair use factors in a ruling finding that the online posting of textbook passages by Georgia State University (GSU) faculty was fair use, the 11th Circuit U.S. Court of Appeals ruled Oct. 19, reversing and remanding four years after its initial remand ruling (Cambridge University Press, et al. v. Georgia State University, et al., No. 16-15726, 11th Cir., 2018 U.S. App. LEXIS 29531).

  • October 18, 2018

    New Jersey Federal Judge Won’t Dismiss Software Copyright Case

    TRENTON, N.J. — Efforts by a former Pfizer Inc. affiliate to obtain dismissal of copyright infringement allegations were unsuccessful on Oct. 17, when a New Jersey federal judge instead ruled that the case can proceed (PDS Pathology Data System Ltd. v. Zoetis Inc., No. 16-2072, D. N.J., 2018 U.S. Dist. LEXIS 178405).

  • October 17, 2018

    New York Federal Magistrate Judge: Don’t Dismiss Copyright Case

    BUFFALO, N.Y. — In a report and recommendation issued Oct. 10, a New York federal magistrate judge found that a jurisdictional challenge to allegations that a defendant improperly sent a takedown notice under the Digital Millennium Copyright Act (DMCA) should be rejected (Shear Mobility LLC v. Maurice Stoll, et al., No. 18-163, W.D. N.Y., 2018 U.S. Dist. LEXIS 175521).

  • October 17, 2018

    Wikimedia, Critics Urge High Court To Review Fair Use In Media-Monitoring Case

    WASHINGTON, D.C. — In an Oct. 12 amicus curiae brief, a disparate coalition of interested parties ask the U.S. Supreme Court to grant certiorari to an online content-monitoring service, arguing that the Second Circuit U.S. Court of Appeals employed the incorrect fair use standard when granting judgment in favor of Fox News Network LLC in a copyright dispute (TVEyes Inc. v. Fox News Network LLC, No. 18-321, U.S. Sup.).

  • October 16, 2018

    Copyright Registration Required For Litigation, News Service Tells High Court

    WASHINGTON, D.C. — Approval or rejection of a copyright registration by the U.S. Copyright Office is necessary before an infringement suit may be filed, a news website operator argues in an Oct. 11 respondent brief to the U.S. Supreme Court, asking the high court to find that the mere act of filing a registration application is insufficient to permit a party to initiate litigation (Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, et al., No. 17-571, U.S. Sup.).

  • October 12, 2018

    Ticket Brokers Defend Copyright Misuse, Antitrust Claims Against Ticketmaster

    LOS ANGELES — In an Oct. 8 brief in California federal court, two ticket brokers accused of inappropriately using bots to purchase tickets opposed a motion by Ticketmaster LLC to dismiss their counterclaims against the ticket seller, arguing that the plaintiff has long engaged in a practice of copyright misuse to further its goal of monopolizing the ticket industry (Ticketmaster LLC v. Prestige Entertainment West Inc., et al., No. 2:17-cv-07232, C.D. Calif.).

  • October 12, 2018

    Music Modernization Act Signed Into Law By President Trump

    WASHINGTON, D.C. — In an Oct. 11 White House ceremony, President Donald J. Trump signed into law H.R. 1551, the Orrin G. Hatch Music Modernization Act (MMA), which will — among other things — compensate artists for digitally downloaded pre-1972 master recordings.

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