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Copyrights

  • 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.

    January 01, 2020Stan Soocher
  • 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.

    January 01, 2020Stan Soocher
  • The U.S. Supreme Court has jumped into a titanic copyright battle between Oracle Corp. and Google LLC with both barrels. The court's involvement is sure to reignite a 50-year-old debate over how much, if any, software should be subject to copyright, and the contours of the fair use defense in the digital age.

    December 01, 2019Scott Graham
  • A New Yorker who settled a copyright lawsuit against several news outlets over a photo he took of star quarterback Tom Brady and Boston Celtics manager Danny Ainge has struck again. This time he's suing a radio station owner in Florida federal courts in a case that could test the boundaries of an emerging area of copyright law, raising major questions about how media companies incorporate social media posts into online stories.

    December 01, 2019Raychel Lean
  • The U.S. District Court for the Southern District of New York held that a series of silkscreen paintings and prints by Andy Warhol based on a photograph of music legend Prince taken by Lynn Goldsmith constituted a transformative fair use.

    October 01, 2019Robert W. Clarida and Robert J. Bernstein
  • In a nearly half-century-long legal dispute over the rights to John Steinbeck's works, the Ninth Circuit affirmed a district court's $5 million compensatory damages award against the author's daughter-in-law but vacated punitive damages against the heir.

    October 01, 2019Alaina Lancaster