Features
Kozinski Angle In 9th Circuit's Led Zeppelin Ruling
Defendants Led Zeppelin and its music labels were the winners in the copyright decision by the Ninth Circuit over the song "Stairway to Heaven." But the estate of songwriter Randy Wolfe (p/k/a California) wasn't the only one who got the short end. Among the collateral damage from the ruling was a 2002 precedent written by former Chief Judge Alex Kozinski that endorsed the so-called "inverse-ratio" rule.
Features
CASE Act Explained
The Copyright Alternative in Small Claims Enforcement Act is a proposed congressional amendment to the current copyright statute that would create an alternative dispute resolution program for copyright small claims and other legal proceedings.
Features
A Primer on Rights in Video Game Avatars
Recent lawsuits have grappled with the fair use of one's likeness in video games, attempting to apply established order to a changing field.
Columns & Departments
Bit Parts
Los Angeles Federal Judge Tosses Out Jury's Infringement Verdict Against Katy Perry in "Dark Horse" Song Case Sales Agreement for Film Assets of Distributor in Bankruptcy Doesn't Affect Separate Lender for One of Debtor's Movies
Features
Swedish Music Industry Views as European Union Countries Work on Drafting Home Laws for Enacting EU Copyright Directive
This article is Part One of a two-part article This article examines the Copyright Directive and music-industry structure issues through the lens of Sweden, which has both a robust music business and a strong technology sector, two divergent perspectives in the development of the directive.
Features
Exercising the Extraterritorial Limitation on U.S. Copyright Law
A necessary element of secondary liability claims is an underlying infringement of U.S. copyright law by a third party. If the activities abroad are not subject to the law, the predicate direct infringement required for the imposition of secondary liability cannot be established.
Features
'Vanicorn' Lawsuit Filed over Pixar, Disney Film
A unicorn-loving tattoo artist alleges that Pixar and Disney have tricked her into letting them use her "Vanicorn" in the upcoming film Onward. Her suit accuses the companies of copyright infringement, and violations of state and federal laws protecting artwork.
Features
When Are Short Phrases in Songs Protectable?
It's a common fact pattern: A songwriter alleges that another songwriter has infringed the lyrics of Song A by using a similar short phrase, frequently a current slang phrase, in the lyrics of Song B. Claims like this do not often succeed because "words and short phrases such as names, titles, and slogans" are "not subject to copyright."
Features
How Judges Are Interpreting Supreme Court's Copyright 'Registration' Ruling
In Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, the U.S. Supreme Court held that, under 17 U.S.C. §411(a), "registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright" — that is, acts on a registration application, rather than when an applicant delivers the registration materials to the Copyright Office.
Features
Challenges to Evidence of Copyright Ownership
There has been a long-term debate over whether sound recordings can be copyright works made for hire. Sound recordings don't appear in the list of works for hire set out in §101 of the Copyright Act of 1976, though record labels argue recordings can be deemed so as a "compilation" or a "contribution to a collective work," per §101.
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