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Features

A New Stage for Online Copyright Infringement Disputes Image

A New Stage for Online Copyright Infringement Disputes

Robert E. Browne & Michael D. Hobbs

Copyright holders would be well advised to familiarize themselves with the Copyright Claims Board for resolving copyright infringement claims and to consider its benefits and potential downsides in bringing or defending copyright infringement actions.

Features

Second Circuit Addresses Significant Music Compulsory Licensing Issues In Bill Graham Archives Dispute Image

Second Circuit Addresses Significant Music Compulsory Licensing Issues In Bill Graham Archives Dispute

Stan Soocher

In 2015, a group of music publishers sued the purchaser of the Bill Graham Archives — a repository that includes live performances staged by the late, legendary concert promoter of an array of musical artists beginning in the 1960s. Now, the Second Circuit has handed down its appellate opinion in the litigation, addressing the important compulsory licensing concerns as well as some of the additional issues in the case.

Features

Fight Stream Distributor Can Pursue Claim Against TN Grill Image

Fight Stream Distributor Can Pursue Claim Against TN Grill

Allison Dunn

In a matter of first impression, the Sixth Circuit sided with a third-party sporting events distributor by finding the distributor has standing to sue a Kingsport, TN, bar under the U.S. Copyright Act for livestreaming a 2017 boxing match between Floyd Mayweather and Conor McGregor without the proper licensing.

Features

Copyright Attorney Fees Ruling in Friday the 13th Termination Case Image

Copyright Attorney Fees Ruling in Friday the 13th Termination Case

Mason Lawlor

The U.S. District Court for the District of Connecticut granted Friday the 13th screenwriter Victor Miller partial attorney fees totaling more than $886,564, in his long-running fight against the 1980 horror film's production outfit Manny Co. over proceeds from the film.

Features

Report on Oral Arguments At Supreme Court In 'Warhol' Case Image

Report on Oral Arguments At Supreme Court In 'Warhol' Case

Scott Graham

During the recent oral arguments before it, the U.S. Supreme Court sounded open to extending more fair use protection to an Andy Warhol painting of rock icon Prince than the U.S. Court of Appeals for the Second Circuit did.

Features

Pondering AI Machine Learning and Copyright Fair Use Image

Pondering AI Machine Learning and Copyright Fair Use

Cassandre Coyer

By feeding machine-learning models hundreds of copyrighted pictures to train them to identify and "read" certain concepts, companies could face violating copyright laws.

Features

Supreme Court Set to Hear Transformativeness Fair Use 'Warhol' Case Image

Supreme Court Set to Hear Transformativeness Fair Use 'Warhol' Case

Eric Alan Stone & Catherine Nyarady

In the October 2022 Term, the Supreme Court is set to decide whether courts assessing transformativeness under the first fair-use factor of the Copyright Act may consider "the meaning of the accused work where it 'recognizably deriv[es] from' its source material." The case may profoundly affect the fair use analysis, and in turn, the scope of copyright protection for many works.

Columns & Departments

Fresh Filings Image

Fresh Filings

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Brian Wilson's Ex-Wife Wins Remand Back to State Court of Her Claim to Share of Revenues from Sale of His Song Catalog

Features

Ninth Circuit Says Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages Image

Ninth Circuit Says Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages

Stan Soocher

How far back from accrual of a claim may a plaintiff reach for copyright damages?

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