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Features

Where Does Content Use Stand Now After Recent Rulings on 'Embedding' Foreshadow Circuit Split? Image

Where Does Content Use Stand Now After Recent Rulings on 'Embedding' Foreshadow Circuit Split?

Tamerlin Godley & Kiaura Clark

When and how can you display someone else's visual content on your website without running afoul of copyright law? When and how can someone else display your visual content? A recent ruling out of the Southern District of New York may upend the current paradigm.

Features

U.S. Supreme Court Considers Copyright Registration of Multiple Works Image

U.S. Supreme Court Considers Copyright Registration of Multiple Works

Rex A. Donnelly

The 'Unicolors' case highlights the value of copyright registration, not only for creators who rely on the exclusivity of their content for making a living, but also for anyone with copyright eligible works in their IP portfolio.

Features

Litigation Over Skater Girl Film Transferred to CA Image

Litigation Over Skater Girl Film Transferred to CA

Cedra Mayfield

When Atlanta filmmaker-turned-plaintiff Raymond Pirtle Jr. filed a copyright infringement suit against CA-based Netflix in the U.S. District Court for the Northern District of Georgia, he pitted him against seasoned attorneys, representing a corporate giant in a case that has both sides claiming early incremental victories.

Features

11th Circuit Rules On Who Controls Copyright Case Image

11th Circuit Rules On Who Controls Copyright Case

Michael A. Mora

The U.S. Court of Appeals for the Eleventh Circuit affirmed a lower court ruling that its judges said could have come straight out of a telenovela, or Spanish soap opera.

Features

California Federal Court Sorts Out Ownership Issues In Dispute Over Record Albums Image

California Federal Court Sorts Out Ownership Issues In Dispute Over Record Albums

Stan Soocher

Approval of all the co-owners of a copyrighted work is needed to grant exclusive rights to third parties. Despite that, any co-owner can sell that co-owner's exclusive ownership share to third parties without the permission of the others The U.S. District Court for the Eastern District of California recently released an opinion that considered the interplay of these copyright issues.

Features

How NY Courts Find Copyright Preemption of State Law Right of Publicity Claims Image

How NY Courts Find Copyright Preemption of State Law Right of Publicity Claims

Stan Soocher

To survive preemption under §301 of the Copyright Act, courts consider whether a state law claim in a lawsuit has an "extra element" that qualitatively distinguishes it from a federal copyright claim. Courts typically find that state law claims, such as breach of contract, have an extra element. Other state law claims, such as conversion, get varying court determinations as to whether they are preempted.

Features

Newberg, McCabe, Carson Will Preside Over Copyright Claims Board Image

Newberg, McCabe, Carson Will Preside Over Copyright Claims Board

Scott Graham

The U.S. Copyright Office has found some big names for its Copyright Claims Board.

Features

U.S. Supreme Court Could Make Copyright Officer Significant Player In Copyright Infringement Litigation Image

U.S. Supreme Court Could Make Copyright Officer Significant Player In Copyright Infringement Litigation

Robert W. Clarida & Robert J. Bernstein

The U.S. Supreme Court granted certiorari in Unicolors v. H&M Hennes & Mauritz to address the following question: "Did the Ninth Circuit err in breaking with its own prior precedent and the findings of other circuits and the Copyright Office in holding that 17 U.S.C. §411 requires referral to the Copyright Office where there is no indicia of fraud or material error as to the work at issue in the subject copyright registration?"

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Intermediate Access Theory Rejected in Copyright Infringement Lawsuit Over Home-Renovation TV Show

Features

New Report Finds Declines In Copyright, Trademark Suits Image

New Report Finds Declines In Copyright, Trademark Suits

Tom McParland

Copyright lawsuit filings declined significantly over the last two years, according to a new report by Lex Machina, which found that overall cases had dipped from a 2018 peak that was driven primarily by surges in file-sharing litigation.

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