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Features

U.S. Supreme Court Could Make Copyright Officer Significant Player In Copyright Infringement Litigation Image

U.S. Supreme Court Could Make Copyright Officer Significant Player In Copyright Infringement Litigation

Robert W. Clarida & Robert J. Bernstein

The U.S. Supreme Court granted certiorari in Unicolors v. H&M Hennes & Mauritz to address the following question: "Did the Ninth Circuit err in breaking with its own prior precedent and the findings of other circuits and the Copyright Office in holding that 17 U.S.C. §411 requires referral to the Copyright Office where there is no indicia of fraud or material error as to the work at issue in the subject copyright registration?"

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Intermediate Access Theory Rejected in Copyright Infringement Lawsuit Over Home-Renovation TV Show

Features

New Report Finds Declines In Copyright, Trademark Suits Image

New Report Finds Declines In Copyright, Trademark Suits

Tom McParland

Copyright lawsuit filings declined significantly over the last two years, according to a new report by Lex Machina, which found that overall cases had dipped from a 2018 peak that was driven primarily by surges in file-sharing litigation.

Features

Rehearing Sought In 2d Circuit Finding of No Fair Use In Warhol Work Image

Rehearing Sought In 2d Circuit Finding of No Fair Use In Warhol Work

Scott Graham

Maybe the U.S. Court of Appeals for the Second Circuit should have been a little more patient.

Features

TikTok Dances Around Another Copyright Infringement Suit Image

TikTok Dances Around Another Copyright Infringement Suit

Angela Morris

The Texas lawsuit alleged that the social video app and parent company ByteDance Ltd. copied software code, and deleted or altered copyright management information in the code, and then used the code in the app that has 175 million downloads.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Don Everly Prevails Over Late Brother Phil's Family Following Trial on Authorship of Everly Brothers' 1960 Hit "Cathy's Clown" Split Decision on Secondary Liability Claims Against Harry Fox Agency in Music Licensing Lawsuit Over Spotify Streaming of Eminem Compositions

Features

Supreme Court on APIs and Fair Use Image

Supreme Court on APIs and Fair Use

Scott Graham

Google didn't get an answer from the U.S. Supreme Court on whether the Java Application Programming Interfaces (APIs) it copied from Sun Microsystems were copyrightable. But it got just about everything else it could have hoped for in a decision that ended its 11-year copyright clash with Sun's successor, Oracle.

Features

Supreme Court Leaves As Many Questions As It Answers In 'Google v. Oracle' Image

Supreme Court Leaves As Many Questions As It Answers In 'Google v. Oracle'

Shaleen Patel

The Court cleared Google of copyright infringement in terminating a 16-year long dispute as to whether Google's Android mobile platform had infringed Oracle's Java programming language's copyright. However, the Court did not answer the question of whether specific components of computer software qualifies for copyright protection at all.

Features

2d Cir. Issues Two Notable Copyright Fair Use Decisions Image

2d Cir. Issues Two Notable Copyright Fair Use Decisions

Tom McParland

The U.S. Court of Appeals for the Second Circuit recently issued decisions in two closely watched copyright fair use cases involving photographs. In the…

Features

Not Your Property, Your Business: When Customized Products Become the Business of Rights Holders and Courts Image

Not Your Property, Your Business: When Customized Products Become the Business of Rights Holders and Courts

Chidera Anyanwu & Chloe Delehanty

In some instances the appearance of third-party intellectual property on items purchased, owned and customized by the purchaser may be legal under the doctrines of first sale and fair use.

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