Mealey's Copyright
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October 14, 2021
Amicus Briefs Filed, Divided Argument Granted In High Court Copyright Row
WASHINGTON, D.C. — Two weeks after a collection of amicus curiae briefs were filed supporting the respondent in a dispute over whether an intent to deceive is necessary to invalidate a copyright application, the U.S. Supreme Court on Oct. 12 granted a motion for divided argument by the acting solicitor general, who had filed an amicus brief supporting the petitioner.
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October 14, 2021
Beekeepers Brief High Court On Definition Of Copyright Management Information
WASHINGTON, D.C. — An apiarist tells the U.S. Supreme Court in an Oct. 1 opposition brief that it did not violate the Digital Millennium Copyright Act (DMCA) when it replaced a rival’s product name in some promotional verbiage with its own product name because the removed words did not constitute copyright management information (CMI) as defined by the statute.
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October 14, 2021
Settlement Announced In Infringement Dispute Over Seuss Works
SAN DIEGO — In an order issued Oct. 11, a federal judge in California permanently enjoined four defendants accused of infringing copyrights associated with “Oh, the Places You’ll Go!” (“Go”) and other works by Dr. Seuss Enterprise LP (DSE), after the parties announced they had settled their dispute.
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October 12, 2021
Cert Denied In Dispute Over Request For Separate Awards In Copyright Row
WASHINGTON, D.C. — A ruling by the Ninth Circuit U.S. Court of Appeals that a copyright owner was entitled to just one statutory damage award for separate and distinct acts of infringement was left intact on Oct. 12 when the U.S. Supreme Court denied a petition for certiorari in the case.
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October 12, 2021
In Win For Pop Artist, Panel Upholds Rejection Of Copyright Claims
SAN FRANCISCO — Abel Tesfaye, known as “The Weeknd,” prevailed Oct. 8 when the Ninth Circuit U.S. Court of Appeals affirmed a California federal judge’s determination that the pop artist is not liable for copyright infringement in connection with his 2016 song “A Lonely Night.”
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October 11, 2021
Copyright Claims Against Target Reinstated By 5th Circuit Panel
NEW ORLEANS — In an Oct. 8 unpublished ruling, the Fifth Circuit U.S. Court of Appeals said that a Texas federal judge erred in granting Target Corp. a motion to dismiss allegations the retailer infringed the copyrighted two-dimensional design of a children’s pajama garment.
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October 09, 2021
2nd Circuit: ‘Friday The 13th’ Screenplay Not Work For Hire
NEW YORK — A federal judge in Connecticut properly concluded that the screenplay for the horror film “Friday the 13th” was not a work for hire, rendering the author’s subsequent termination of the film production company’s copyright in the work valid, the Second Circuit U.S. Court of Appeals ruled Sept. 30.
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October 08, 2021
Copyright Defendant Entitled To Fee Award, 2nd Circuit Affirms
NEW YORK — In an Oct. 5 holding, the Second Circuit U.S. Court of Appeals found no error in a New York federal judge’s determination that copyright infringement allegations leveled against a Spanish-language media firm were objectively unreasonable.
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September 30, 2021
N.Y. Federal Judge Tosses Patent Claims, Won’t Allow Lanham Act, Copyright Claims
NEW YORK — An action seeking a declaration of patent noninfringement, invalidity and unenforceability was dismissed Sept. 28 by a federal judge in New York, who also rejected the plaintiff’s bid to amend its complaint to add declaratory judgment claims of no copyright infringement and no false advertising under the Lanham Act.
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September 30, 2021
N.Y. Federal Judge Sides With NBA Player In Copyright, Trademark Row
BROOKLYN, N.Y. — In an 85-page order issued Sept. 27, a federal judge in New York rejected allegations of copyright and trademark infringement leveled against National Basketball Association (NBA) player Terry Rozier in connection with the “Ghost Face” mask made famous in the movie “Scream.”
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September 29, 2021
Judge Won’t Dismiss Putative Class Action Against Google For Banner Ads
SAN JOSE, Calif. — A federal judge in California on Sept. 24 declined to dismiss most of the putative class claims brought against Google LLC by two website owners including for violation of California’s unfair competition law (UCL) in relation to Google’s former practice on its Android search app of superimposing its logo and a “Related Pages” banner on the plaintiffs’ website that featured links to competitors’ websites.
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September 27, 2021
Nightclub Wins Dismissal Of Copyright Claims Over Pablo Escobar Artwork
DENVER — In a Sept. 22 order, a federal judge in Colorado said allegations of copyright infringement leveled by an entity charged with managing intellectual property rights associated with Pablo Escobar are too conclusory to proceed.
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September 24, 2021
Copyright, False Advertising Counterclaims Dismissed By N.Y. Federal Judge
NEW YORK — A dispute over the digitization of various material relating to the artist Amodeo Modigliani will proceed without counterclaims of copyright infringement and false advertising, a federal judge in New York ruled Sept. 22.
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September 24, 2021
Retailer To High Court: No Intent To Deceive Needed To Challenge Copyright
WASHINGTON, D.C. — A copyright registration that included inaccurate information can be challenged upon a showing that the registrant had knowledge of the inaccuracies, a clothing retailer tells the U.S. Supreme Court in a Sept. 21 respondent brief, asserting that the relevant Copyright Act provision does not require a showing that the copyright holder had an intent to deceive.
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September 21, 2021
9th Circuit Revives Copyright Claims By Pro Se Plaintiff
SAN FRANCISCO — Allegations of copyright infringement by a songwriter were prematurely dismissed as untimely by a California federal judge, the Ninth Circuit U.S. Court of Appeals ruled Sept. 20 in a win for a pro se plaintiff.
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September 16, 2021
In Longstanding Copyright Row With Scholastic, Photog Partly Prevails
NEW YORK — On remand from the Second Circuit U.S. Court of Appeals, a federal judge in New York on Sept. 14 granted a plaintiff partial summary judgment on his claim that textbook maker Scholastic Inc. infringed copyrights associated with five photographs.
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September 16, 2021
9th Circuit: De Minimis Use No Defense Once Copying Established
SAN FRANCISCO — In a Sept. 9 holding, the Ninth Circuit U.S. Court of Appeals reversed findings by a California federal judge that an infringement defendant’s de minimis use of a copyrighted photograph of the Indianapolis skyline warrants summary judgment on his behalf.
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September 15, 2021
1st Circuit Declares Playwright Owner Of Copyrighted Adaptations
BOSTON — The First Circuit U.S. Court of Appeals in a Sept. 13 ruling said that a playwright was erroneously eliminated by a Puerto Rico federal judge as the copyright owner of the adaptations of two novels by a prominent Puerto Rico author who, together with the playwright, sued for infringement.
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September 14, 2021
ISP Appeals Liability Ruling, $1 Billion Judgment In 4th Circuit File-Sharing Suit
RICHMOND, Va. — A trial court’s judgment that found it vicariously and contributorily liable for its subscribers’ acts of copyright infringement “is riddled with legal defects,” an internet service provider (ISP) tells the Fourth Circuit U.S. Court of Appeals in a Sept. 8 reply brief supporting its appeal of the judgment and an accompanying $1 billion award, which it says will lead to “devastating consequences” and privacy concerns.
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September 09, 2021
5th Circuit Affirms: Texas A&M Properly Cleared Of Copyright Claims
NEW ORLEANS — In a Sept. 8 unpublished ruling, the Fifth Circuit U.S. Court of Appeals agreed with a Texas federal judge that the doctrine of sovereign immunity bars allegations of direct copyright infringement leveled against the athletic department of Texas A&M University (TAMU) after the school published a portion of a forthcoming book without the permission of the author.