Mealey's Copyright
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August 15, 2019
Chamber Of Commerce, RIAA, Others Back Videographer In High Court Copyright Suit
WASHINGTON, D.C. — One week after a videographer filed his opening merits brief with the U.S. Supreme Court supporting his position that the Copyright Remedy Clarification Act of 1990 (CRCA) abrogates states’ sovereign immunity in the area of copyright law, 12 amicus curiae briefs were filed in support of the petitioner on Aug. 13 by such parties as the Chamber of Commerce of the United States of America and the Recording Industry Association of America (RIAA) (Frederick L. Allen, et al. v. Roy A. Cooper III, et al., No. 18-877, U.S. Sup.).
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August 6, 2019
3rd Circuit Says Banana Costume Entitled To Copyright Protection
PHILADELPHIA — A preliminary injunction barring a copyright infringement defendant from selling a banana costume will stand, in light of an Aug. 1 holding by the Third Circuit U.S. Court of Appeals that, in combination, nonutilitarian, sculptural features are entitled to copyright protection (Silvertop Associates Inc., d/b/a Rasta Imposta v. Kangaroo Manufacturing Inc., No. 18-2266, 3rd Cir., 2019 U.S. App. LEXIS 22989).
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August 5, 2019
9th Circuit Reverses Dismissal Of Copyright Claims Against Porn.com
SAN FRANCISCO — In an Aug. 1 holding, the Ninth Circuit U.S. Court of Appeals found that dismissal for lack of personal jurisdiction by an Arizona federal judge of allegations of copyright infringement was in error because it was foreseeable to defendants in the case that their actions would cause economic harm in the United States (Hydentra HLP Int. Ltd., et al. v. Sagan Ltd., et al., No. 17-16637, 9th Cir., 2019 U.S. App. LEXIS 23041).
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August 5, 2019
2nd Circuit: Film Critic’s Articles Were Not Works For Hire
NEW YORK — A finding by a federal judge in New York that 44 articles by film critic Stanley Kauffmann qualify as works for hire was reversed Aug. 1 by the Second Circuit U.S. Court of Appeals based on evidence that a letter agreement entered into by Kauffmann and a literary editor for “The New Republic” (TNR) magazine was entered into “long after the works were created” (Estate of Stanley Kauffmann v. Rochester Institute of Technology, No. 18-2404, 2nd Cir., 2019 U.S. App. LEXIS 22915).
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August 2, 2019
BuzzFeed Tells 2nd Circuit Posting Of Photo Without Copyright Info Was Not Willful
NEW YORK — Online news and entertainment publisher BuzzFeed Inc. argues in a June 21 appellant brief filed in the Second Circuit U.S. Court of Appeals that its use of a copyrighted picture that did not include copyright management information (CMI) was not done willfully and, as such, did not constitute a violation of the Digital Millennium Copyright Act (Gregory Mango v. BuzzFeed Inc., No. 19-0446, 2nd Cir.).
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August 2, 2019
Connecticut Federal Judge Orders Bench Trial In Copyright Case
HARTFORD, Conn. — In a July 25 ruling, a federal judge in Connecticut deemed valid copyrights owned by Lego in connection with its “minifigure” figurines but found that a plenary bench trial is needed to determine whether Lego is equitably estopped from asserting infringement against a competitor (Lego A/S and Lego Systems Inc. v. Best-Lock Construction Toys Inc., et al., No. 11-1586, D. Conn., 2019 U.S. Dist. LEXIS 124437).
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August 2, 2019
Virginia Federal Judge: No Fair Use Defense To Copyright Claim
ROANOKE, Va. — Finding “little, if any, transformative value” in the use by defendants of a copyrighted photograph online, a federal judge in Virginia on July 19 deemed the doctrine of fair use “inapplicable” to the photographer’s allegation of infringement (Allesandro Cancian v. Hannabass and Rowe Ltd., et al., No. 18-283, W.D. Va., 2019 U.S. Dist. LEXIS 121112).
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August 1, 2019
VidAngel Calls Studios’ Requested Injunction Unfair, Unnecessary
LOS ANGELES — Despite a jury verdict against it, online streaming service VidAngel Inc. tells a California federal court in a July 26 brief that a permanent injunction requested by the plaintiff movie studios in a copyright infringement lawsuit “is an unfair overreach” and a thinly veiled effort to eliminate a legal method of home-filtering of streamed content (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 2:16-cv-04109, C.D. Calif.).
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July 26, 2019
Rejected Offer Leads To Higher Bond In New York Copyright Case
NEW YORK — A New York federal judge on July 24 agreed to increase bond in a copyright case from $10,000 to $50,000, after ruling that an infringement defendant may seek attorney fees after a rejected offer under Federal Rule of Civil Procedure 68, Fed. R. Civ. P. 68, where the offer is higher than a plaintiff’s potential recovery (Gregory Mango v. Democracy Now! Productions Inc., No. 18-10588, S.D. N.Y., 2019 U.S. Dist. LEXIS 123550).
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July 23, 2019
Indiana Federal Judge Dismisses DMCA Claim Over House Designs
FORT WAYNE, Ind. — In a July 22 holding, a federal judge in Indiana rejected allegations that a defendant removed copyright management information (CMI) from protected house designs and found that despite “overwhelming evidence” of copying, it remains unclear whether the elements that were copied are entitled to copyright protection (Design Basics LLC v. Big C Lumber Co. Inc., No. 16-53, N.D. Ind., 2019 U.S. Dist. LEXIS 121428).
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July 18, 2019
In New York Copyright Case, Registration Referred To Copyright Office
NEW YORK — Allegations by New York University (NYU) and other defendants that a copyright registration in the King-Devick Test (K-D Test) would not have been issued but for omissions and misstatements in the underlying registration will be presented to the Register of Copyrights, in view of a July 15 ruling by a New York federal judge (King-Devick Inc. v. New York University, et al., No. 17-9307, S.D. N.Y., 2019 U.S. Dist. LEXIS 117628).
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July 16, 2019
Copyright Registration Requirement Not Satisfied, New York Federal Judge Says
BROOKLYN, N.Y. — A request by plaintiffs in a copyright infringement action that the registration requirement be suspended or waived in view of their allegation that defendants in the case have thwarted efforts to obtain a registration was denied July 15 by a federal judge in New York (Whistleblower Productions LLC, et al. v. St8cked Media LLC, et al., No. 18-5258, E.D. N.Y., 2019 U.S. Dist. LEXIS 117396).
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July 15, 2019
After Verdict, Studios Seek Permanent Injunction Against VidAngel
LOS ANGELES — Nearly a month after receiving a jury verdict in their favor, a group of movie studios moved for an injunction July 12, asking a California federal court to permanently enjoin VidAngel Inc. from engaging in any further infringement of their copyrighted works or circumvention of technological protection measures (TPMs) in violation of the Digital Millennium Copyright Act (DMCA) (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 2:16-cv-04109, C.D. Calif.).
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July 11, 2019
In New York Copyright Case, Attorney Sanctioned For Willful Disobedience
NEW YORK — A New York federal judge on July 10 awarded $8,745.50 in attorney fees as a sanction against counsel for a plaintiff photographer who alleged copyright infringement by NBCUniversal Media LLC (John Curtis Rice v. NBCUniversal Media LLC, No. 19-447, S.D. N.Y., 2019 U.S. Dist. LEXIS 114690).
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July 11, 2019
In Copyright Dispute Over Software, Affirmative Defenses Added
NEW YORK — Citing the recent Second Circuit U.S. Court of Appeals decision in GEOMC Co. Ltd. v. Calmare Therapeutics Inc., a New York federal judge on July 8 granted a copyright infringement defendant’s motion for leave to amend its answer (New London Associates LLC v. Kinetic Social LLC, et al., No. 18-7963, S.D. N.Y., 2019 U.S. Dist. LEXIS 113021).
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July 3, 2019
3rd Circuit Upholds Dismissal Of Copyright Claims Against Viacom
PHILADELPHIA — A Pennsylvania federal judge did not err in rejecting allegations of copyright infringement by an author levied in connection with Viacom International Inc.’s film adaptation of a children’s book about a Christmas tree, the Third Circuit U.S. Court of Appeals ruled July 2 (Jennie Nicassio v. Viacom International Inc., et al., No. 18-2085, 3rd Cir., 2019 U.S. App. LEXIS 19827).
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July 3, 2019
Apiarists Debate Infringement Of ‘Bee-Quick’ Trademark, Copyrights In 2nd Circuit
NEW YORK — In a July 1 appellee brief in the Second Circuit U.S. Court of Appeals, a bee farm defends a trial court’s dismissal of trademark and copyright claims brought by a former licensor, contending that it did not remove copyright management information (CMI) from the plaintiff’s advertising materials (James H. Fischer v. Stephen T. Forrest Jr., et al., No. 18-2959, 2nd Cir.).
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July 2, 2019
Panel Upholds Copyright Ownership Ruling, But Vacates Injunction
PHILADELPHIA — A New Jersey federal judge strayed “from a context-specific analysis” and instead relied on “broad propositions” in permanently enjoining a copyright infringement defendant from publishing or marketing his book, the Third Circuit U.S. Court of Appeals ruled July 1 in a divided decision (TD Bank N.A. v. Vernon W. Hill, No. 16-2897, 3rd Cir., 2019 U.S. App. LEXIS 19687).
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June 28, 2019
Studio Asks High Court To Clarify Volitional Requirement In Zillow Copyright Suit
WASHINGTON, D.C. — A real estate photography studio tells the U.S. Supreme Court in a June 13 petition for certiorari that the circuit courts of appeal are divided on whether liability for direct copyright infringement requires a showing of volitional conduct, arguing that a website operator, such as respondent Zillow Inc., should be found liable for infringing content on its site when it has the ability to control such content (VHT Inc. v. Zillow Group Inc., et al., No. 18-1540, U.S. Sup.).
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June 27, 2019
2nd Circuit Eyes September Argument In Man’s Copyright Suit Against Newspaper
NEW YORK — In a June 25 docket entry, the Second Circuit U.S. Court of Appeals proposed an oral argument date of Sept. 30 in a fully briefed appeal of a lawsuit where a California man claims that a newspaper infringed his copyrighted article by publishing it without compensating him for it (Joel D. Joseph v. Buffalo News Inc., No. 18-2793, 2nd Cir.).