A few days before the Second Circuit published its decision ordering the dismissal of Flo & Eddie's closely watched class-action lawsuit against Sirius XM Radio over the use by the satellite provider of pre-1972 sound recordings, the Georgia Supreme Court heard arguments in a class action case against iHeartMedia over its use of pre-1972 sound recordings.
The creative story-telling that fueled the passion of fans inspired a number of them to expand the Star Trek universe on their own through "fan films," which can challenge the property owners' efforts to maintain the integrity and appeal of their franchise. If unchecked, unauthorized derivatives could lead to an eventual loss of the copyright and trademark rights that underlie the value of the property.
Paul McCartney has long wanted to reclaim ownership of his share of the copyrights to "Love Me Do," "Ticket to Ride" and numerous other Beatles hits he co-wrote with John Lennon. But the unfavorable December 2016 decision by a British judge in a copyright termination dispute involving the 1980's hitmakers Duran Duran raised some doubts — at least in the minds of Sony/ATV Music Publishing and its counsel — about whether the U.S. copyright law rights can supersede valid contracts assigning away musical rights and also prevent Paul McCartney from exercising his termination rights.
As 2017 commences, political protest against injustice is as relevant as ever in the United States. At the same time, a lawsuit concerning the copyright rights to the powerful anthem We Shall Overcome may proceed to trial. In November 2016, the case survived a motion to dismiss the copyright infringement claims.
The Copyright Office has mandated a new procedure for how online service providers — including websites, hosting companies, mobile app publishers and other online services that permit user-generated content — must designate an agent to receive notifications of claimed infringement under the DMCA.
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 Flo & Eddie Inc. v. Sirius XM Radio Inc.
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.
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.
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.
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.
