Features
Practical Impact of D.C. Circuit's Ruling on Foreign Broadcasters and Copyright Liability
Broadcasters around the globe know that Americans want access to digital content and that they often ignore who provides it to them. For business reasons, tax reasons or to try to avoid liability under copyright law, many of these broadcasters intentionally do not set up operations in the United States. However, when these broadcasters transmit content for which they do not have authorization, they may be in violation of the copyright holder's rights.
Features
Arbitration Impact on Attorney Fees and Film Company Principal
The U.S. Court of Appeals for the First Circuit reversed a district court's award of attorney fees to Sony Corp. under §505 of the Copyright Act for winning a ruling that a lawsuit over a Sony Music songwriting contest should be sent to arbitration.
Features
Commentary: 'Thin' vs. 'Broad' Protection for Music Works
The hotly disputed legal issue between the majority and dissent in the recent, highly-publicized “Blurred Lines” decision by the U.S. Court of Appeals for the Ninth Circuit concerned whether Marvin Gaye's 1976 hit song “Got to Give it Up” was entitled to “broad” or “thin” copyright protection.
Features
Commentary: Smaller Space for Innovation Leads to More Infringement Suits
Pop musicians may be running out of creative space. And this problem is being exacerbated by the behaviors of what we might call the “legacy” interests — parties who own copyright interests in already-created songs but who won't be making any new music.
Columns & Departments
Bit Parts
Brief Use of Graffiti Art in HBO's <i>Vinyl</i> Show Found <i>De Minimis</i><br>Chinese Film Company Subject to Personal Jurisdiction in Location Security Company's Colorado Lawsuit
Features
Why Second Circuit Found No Fair Use in 'TVEyes' Case
Only a small fraction of television news broadcasts are made available online. For a party to monitor and view all news coverage of an event, it would essentially have to watch and record all news broadcasts 24 hours a day, seven days a week. That's exactly what media-monitoring service TVEyes did. Fox News filed suit against TVEyes, claiming copyright infringement of 19 of its hour-long programs and alleging that TVEyes would divert Fox News's viewership and its ability to license its news clips to third parties.
Features
Copyright Law in the Age of Twitter
<b><i>A Recent Decision by the U.S. District Court for the Southern District of New York Involving Twitter May Have Significant Implications for Online Publications</b></i><p>The exponential growth of social media, and the inevitable conflicts that result, is leading to more and more litigation. In many instances, courts are being asked to apply laws crafted before the Internet era to these modern disputes.
Features
Walking the Fine Line of Fair Use: The Second Circuit's Decision in <i>Fox News v. TVEyes</i>
Only a small fraction of television news broadcasts are made available online. For a party to monitor and view all news coverage of an event, it would essentially have to watch and record all news broadcasts 24/7. That's exactly what media-monitoring service TVEyes did. There was no dispute that TVEyes had copied Fox News's content. Instead, the issue was whether TVEyes's service constituted fair use.
Features
The Sixth Circuit Creates a New Standard for Unmasking an Anonymous Copyright Infringer Post-Judgment
On Nov. 28, 2017, the Court of Appeals for the Sixth Circuit issued its opinion in <i>Signature Mgmt. Team, LLC v. Doe</i>. The case involved a John Doe defendant's effort to remain anonymous even after having been adjudicated liable for copyright infringement of plaintiff's business training manual.
Features
9th Cir. Appellate Arguments; FL Sup. Ct. Ruling on Pre-'72 Recordings
Just a few days after the Florida Supreme Court ruled the state's common law doesn't provide pre-1972 sound recordings with rights to public performance royalties, the U.S. Court of Appeals for the Ninth Circuit heard oral arguments on whether remasterings inject pre-1972 sound recordings with federal copyright protection.
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