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Litigation

  • 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.

    June 01, 2018Scott D. Locke and Laura-Michelle Horgan
  • 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.

    June 01, 2018Stan Soocher
  • 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.

    June 01, 2018Dr. Dariush Adli
  • 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.

    June 01, 2018Christopher J. Buccafusco
  • A Delaware federal bankruptcy judge's ruling in May approved the $310 million sale of The Weinstein Co.'s television and film assets to Dallas-based Lantern Capital Partners. The development was the latest blow to women who had hoped to recover against the company for abuses suffered at the hands of company co-founder Harvey Weinstein.

    June 01, 2018Tom McParland
  • In a lawsuit over rights to a card game with a pivotal role in the Star Wars saga, Lucasfilm Ltd. won an early battle against app maker Ren Ventures Ltd. when a federal district judge in San Francisco declined to dismiss Lucasfilm's claims based on Ren Ventures' use of various trademarks, primarily centered on the game Sabacc.

    June 01, 2018Ross Todd
  • Sets Standard that Potentially Relieves Municipalities from Liability for Denying Religious Uses

    The broad and somewhat vague definition of religious exercise in The Religious Land Use and Institutionalized Persons Act (RLUIPA) has invited much litigation over what constitutes a substantial burden and even what constitutes religious exercise.

    June 01, 2018Steven M. Silverberg