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Features

<i>Decision of Note</i><br>NY Apps. Court Says Pre-'72 Recordings Have No Public Performance Right Image

<i>Decision of Note</i><br>NY Apps. Court Says Pre-'72 Recordings Have No Public Performance Right

Joel Stashenko

No common law right of public performance exists in New York state to compel Sirius XM Radio to pay fees for the use of pre-Feb. 15, 1972 sound recordings by popular artists such as The Turtles, the state's highest court ruled in <i>Flo & Eddie Inc. v. Sirius XM Radio Inc.</i>

Features

Movie Filtering Company Is Told To Shut Down Image

Movie Filtering Company Is Told To Shut Down

Amanda Bronstad

A start-up that provides a technology that filters movies for profanity, violence and other objectionable content has vowed to take a copyright battle against Hollywood all the way to the U.S. Supreme Court after a federal judge granted an injunction blocking its service.

Features

Why the DMCA Needs to Be Modernized Image

Why the DMCA Needs to Be Modernized

Viroopax Mirji & Sunil Gregory

It has been 18 years since the DMCA was signed into law. It was created to balance the security and rights of copyright holders with the growing influence of digital communications. But today it is facing serious criticism about its usefulness from every key stakeholder — creators, distributors and consumers alike.

Features

Recent Disputes over Copyright Licenses Image

Recent Disputes over Copyright Licenses

Richard Raysman & Peter Brown

This article discusses disputes involving the use of copyrighted works or intellectual property underlying that work, under a license, or in one case, under an implied license. The parties thereto are not nearly as well-known, but the legal conclusions reached may have farther reaching implications.

Features

Circuit Revives Copyright Case Against MP3tunes, Founder Image

Circuit Revives Copyright Case Against MP3tunes, Founder

By Mark Hamblett

Record companies and music publishers will get more damages and a second shot at holding the founder of MP3tunes liable for additional copyright infringement following a federal appeals court decision on Oct. 25.

Features

Ninth Circuit Examines Copyright Liability Merch Photos Case Image

Ninth Circuit Examines Copyright Liability Merch Photos Case

Robert J. Bernstein & Robert W. Clarida

When, as is often the case, actual copyright damages are difficult to prove, statutory damages may provide the best option for recovery. Recently, in <i>Friedman v. Live Nation Merchandise</i>, the U.S. Court of Appeals for the Ninth Circuit considered, among other things, two issues greatly affecting the amount of statutory copyright damages: 1) willfulness; and 2) the number of separate awards available for downstream infringements.

Features

Photo Agency's Suit Against <i>Oh No They Didn't!</i> At Ninth Circuit Image

Photo Agency's Suit Against <i>Oh No They Didn't!</i> At Ninth Circuit

Amanda Bronstad

A photo agency that sued the owner of online tabloid Oh No They Didn't! for copyright infringement is hoping to reverse a ruling that threw out its case, prompting Pinterest and others to weigh in and argue that reviving the case could erode legal protections afforded to Internet service providers.

Photo Agency's Suit Against <i>Oh No They Didn't!</i> At Ninth Circuit Image

Photo Agency's Suit Against <i>Oh No They Didn't!</i> At Ninth Circuit

By Amanda Bronstad

A photo agency that sued the owner of online tabloid Oh No They Didn't! for copyright infringement is hoping to reverse a ruling that threw out its case, prompting Pinterest and others to weigh in and argue that reviving the case could erode legal protections afforded to Internet service providers.

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