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Features
The U.S. Court of Appeals for the Eleventh Circuit affirmed a lower court ruling that its judges said could have come straight out of a telenovela, or Spanish soap opera.
Features
Approval of all the co-owners of a copyrighted work is needed to grant exclusive rights to third parties. Despite that, any co-owner can sell that co-owner's exclusive ownership share to third parties without the permission of the others The U.S. District Court for the Eastern District of California recently released an opinion that considered the interplay of these copyright issues.
Features
To survive preemption under §301 of the Copyright Act, courts consider whether a state law claim in a lawsuit has an "extra element" that qualitatively distinguishes it from a federal copyright claim. Courts typically find that state law claims, such as breach of contract, have an extra element. Other state law claims, such as conversion, get varying court determinations as to whether they are preempted.
Features
The U.S. Copyright Office has found some big names for its Copyright Claims Board.
Features
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
Intermediate Access Theory Rejected in Copyright Infringement Lawsuit Over Home-Renovation TV Show
Features
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
Maybe the U.S. Court of Appeals for the Second Circuit should have been a little more patient.
Features
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
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