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Federal courts have long disagreed over whether the unauthorized “making available” of a plaintiff’s works to the public is sufficient to constitute copyright infringement under the U.S. Copyright Act, 17 U.S.C. §106(3). The U.S. Court of Appeals for the Ninth Circuit holds the view that actual distribution of the works is required. See, e.g., Perfect 10 Inc. v. Amazon.com Inc., 487 F.3d 701 (9th Cir. 2007). The Fourth Circuit, on the other hand, has taken the position that for purposes of an infringement analysis, a library, for example, distributes a work when it “holds a copy in its collection, lists the copy in its card file, and makes the copy available to the public.” Hotaling v. Church of Jesus Christ of Latter-Day Saints, 118 F.3d 199 (4th Cir. 1997).
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By Stan Soocher
In a case of first impression, the Eleventh Circuit decided that a copyright plaintiff may recover damages that occur more than three years before a copyright lawsuit is filed.
Nugent Photo Copyright Dispute Offers Appellate Look at Post-Warhol Fair-Use Analysis
By Avalon Zoppo
The Fourth Circuit ruled that a copyright infringement claim against a news site, for using a photo of musician Ted Nugent without credit, could proceed, one of the first federal appellate decisions interpreting the U.S. Supreme Court’s most recent iteration of the fair use test.
By Entertainment Law & Finance Staff
Malpractice Claims Filed Against Loeb & Loeb and Of Counsel Over King Fury 2 Film Production
King, Holmes, Paterno & Soriano Sued for Malpractice Over Representation of Sublime Band
By Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.