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Photo of Cory BarnesBy Cory Barnes on Posted in Copyright
For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § 107 is common practice. While the details of any particular case will imbue certain factors with more importance than others, more often than not, copyright plaintiffs are quick to … Continue Reading

Proposed Fast-Track Copyright Registration Option for Small Claims

Photo of Lisa Bollinger GehmanPhoto of Deborah A. WilcoxBy Lisa Bollinger Gehman and Deborah A. Wilcox on Posted in Copyright
The U.S. Copyright Office has proposed a fast-track copyright registration option[1] for small claims to be brought before the Copyright Claims Board (CCB). Congress recently created the CCB under the Copyright Alternative in Small-Claims Enforcement (CASE) Act[2] to address the challenges and costs of federal litigation. The CCB must be operational by December 27, 2021 … Continue Reading

Copyright Claims Board To Be Established; Criminal Streaming Law

Photo of Deborah A. WilcoxBy Deborah A. Wilcox on Posted in Copyright
Congress passed an act on Monday as part of the Consolidated Appropriations Act for 2021 that included the COVID-19 relief bill, expected to signed by President Trump, which will establish a voluntary dispute resolution process in the Copyright Office for infringement claims not exceeding $30,000. The Copyright Alternative in Small-Claims Enforcement Act of 2020 (the … Continue Reading

‘No One Can Own the Law’: Supreme Court Holds Annotations to State Statutes Are Not Protected by Copyright

Photo of Christina MoserPhoto of Lesley GrossbergBy Christina Moser and Lesley Grossberg on Posted in Copyright, Copyright Infringement, Federal Circuit
The Supreme Court issued a 5-4 decision on April 27, 2020, in Georgia v. Public.Resource.Org, upholding the Eleventh Circuit’s ruling that the Official Code of Georgia Annotated (OCGA) is not entitled to copyright protection. The majority’s decision found that the OCGA falls under the “government edicts” doctrine: “government officials empowered to speak with the force … Continue Reading

All’s Fair in Love and War . . . So What About Fair Use in the Time of Coronavirus?

Photo of Aaron RabinowitzBy Aaron Rabinowitz on Posted in Copyright
In response to the COVID-19 pandemic, schools, colleges, universities, libraries and other institutions have closed and migrated their in-person classes and other offerings to an online model. But with the rapid migration of physical content to online platforms, questions have arisen regarding the application of copyright law to books and other texts that now are … Continue Reading

U.S. Supreme Court Rules That Sovereign Immunity Shields States From Copyright Suits

Photo of Lisa Bollinger GehmanBy Lisa Bollinger Gehman on Posted in Copyright
On March 23, the U.S. Supreme Court issued its first of three anticipated copyright decisions for this term – Allen v. Cooper – in which the Court unanimously held that states are shielded from copyright suits by sovereign immunity. Thus, the plaintiff filmmaker did not prevail in his copyright infringement suit against the state of … Continue Reading

Supreme Court Clarifies Meaning of ‘Full Costs’ in Section 505 of Copyright Act

Photo of Christina MoserPhoto of Cory BarnesBy Christina Moser and Cory Barnes on Posted in Copyright, Copyright Act
In Rimini Street, Inc. v. Oracle USA, Inc.,[1] a unanimous Supreme Court recently held that 17 U.S.C. § 505’s award of “full costs” is limited to the specific categories of costs defined in 28 U.S.C. §§ 1821 and 1920, which exclude expert witness fees, e-discovery expenses and jury consultant fees. “A statute awarding ‘costs’ will … Continue Reading

The Scope of CDA and DMCA Protection for Online Services Continues to Evolve

Photo of Zoe SteinbergBy Zoe Steinberg and Alan L. Friel on Posted in Copyright, Digital Millennium Copyright Act (DMCA)
Section 230 of the Communications Decency Act (CDA, codified 47 U.S.C. § 230) and the Safe Harbor provisions of the Digital Millennium Copyright Act (DMCA, codified 17 U.S.C. § 512) provide certain protections for operators of online services from some, but not all, third-party claims arising out of user content posted on those services. These … Continue Reading

Application Rejected: Supreme Court Requires Registration to Commence Copyright Infringement Suit

By Peter Shapiro on Posted in Copyright
In Fourth Estate Public Benefit Corp. v. Wall-Street.com, the Supreme Court settled the long unresolved question of whether registration or simply the application for registration is required to commence a suit for copyright infringement. In a unanimous decision authored by Justice Ginsburg, the high court ruled that a copyright owner cannot pursue infringement claims in … Continue Reading

Copyright Office Eliminates Three-Month Filing Requirement for Newspapers

Photo of Nancy R. FrandsenBy Nancy R. Frandsen on Posted in Copyright
Co-authored by: Savannah Merceus On Feb. 13, 2019, the U.S. Copyright Office amended its rule governing group registration of newspapers by eliminating the requirement that claims be submitted within three months after publication of the earliest issue in the group.[1] In its new amendment, the Office noted that several newspaper publishers reported issues with complying … Continue Reading

Determining Fair Use Under the Copyright Act: Judge Versus Jury

By Robert Welsh on Posted in Copyright, Copyright Act
When the Supreme Court ruled in 1998 that copyright infringement lawsuits were subject to the Seventh Amendment’s right to jury trial, the natural consequence of that ruling was that fair use would likewise become a jury issue. However, at the time Congress enacted the Copyright Act’s fair use provision, 17 U.S.C. § 107, copyright infringement … Continue Reading

Started From the Bottom, Now We’re Real: Drake’s Use of Jimmy Smith’s Commentary on ‘Real Music’ Considered Fair Use

Photo of Lauren AttardBy Lauren Attard on Posted in Copyright, Music Industry
On May 30, 2017, Judge William H. Pauley III, in the Southern District of New York, ruled that rapper-singer-songwriter Drake was permitted to use a sample of jazz artist Jimmy Smith based on the fair use doctrine, even though Drake and his record label did not license the publishing rights to the song. The court … Continue Reading

Impression Products, Inc. v. Lexmark International, Inc. – Setting the Common Law’s Limits on the Rights of Patent and Copyright Owners

By Robert Welsh on Posted in Copyright, Patent
  Last week, in Impression Products, Inc. v. Lexmark International, Inc., Case No. 15-1189 (May 30, 2017), the Supreme Court ruled that under the “exhaustion doctrine,” patent owners cannot use patent law to impose restrictions on the downstream sales or transfers of lawfully purchased patented goods. The decision took many patent practitioners by surprise. Not … Continue Reading

You Might Want to Turn Down for That: Lil Jon and DJ Snake Sued for Copyright Infringement

Photo of Lauren AttardBy Lauren Attard on Posted in Copyright, Music Industry
On May 4, 2017, Golden Crown Publishing, LLC, the publishing company behind Freddie GZ’s song Turn Down for What, sued Lil Jon and DJ Snake in the Southern District of New York, alleging that their hit song by the same name infringes on Golden Crown’s copyright. The plaintiff is seeking monetary damages and a permanent … Continue Reading

H.R. 1695 Introduces Major Reforms to the U.S. Copyright Office

By Dominic Gentile on Posted in Copyright
A bill was formally introduced in Congress on March 23, 2017, that would, in effect, remove the Copyright Office from the oversight of the Librarian of Congress. Introduced by House Judiciary Chairman Bob Goodlatte of Virginia and Ranking Member John Conyers of Michigan, H.R. 1695 seeks to amend 17 U.S.C. § 701 and change the … Continue Reading

Does Copyright Now Cover Functionality?

Photo of Chad RutkowskiBy Robert Welsh and Chad Rutkowski on Posted in Copyright
On March 22, 2017, the U.S. Supreme Court decided the case of Star Athletica, L.L.C. v. Varsity Brands, Inc. regarding the scope of copyright protection for “pictorial, graphic or sculptural features” that have been added to useful articles—in this case, cheerleading uniforms.   The case has mostly gained attention because its facts crystalize the tension between … Continue Reading

Is This the Beginning of the End of Flo & Eddie’s Quest to Establish a Public Performance Right under State Copyright Law?

By Robert Welsh on Posted in Copyright
Former recording artists Flo & Eddie’s three-and-a-half-year battle against Sirius XM Radio, Inc., for recognition of a public performance right under New York law for pre-1972 sound recordings has come to an end. On Feb. 16, 2017, the Second Circuit Court of Appeal issued an order directing the district court to grant Sirius XM Radio’s … Continue Reading

Is There Copyright Infringement in Whoville?

By Peter Shapiro on Posted in Copyright, Copyright Infringement
The name “Cindy-Lou Who” likely invokes thoughts of the holiday season and Dr. Seuss’s beloved How the Grinch Stole Christmas (“Grinch”), which reminds us that the holidays are not all about toys and trinkets. But what happened after the Grinch “carved the roast beast”? Matthew Lombardo’s play Who’s Holiday! (the “Play”) tells us that story … Continue Reading

Sir Paul Will Not Let It Be: McCartney Makes Preemptive Strike Against Music Publishers to Reclaim His Copyrights

Photo of Tatiana MarkelBy Tatiana Markel on Posted in Copyright, Music Industry
On Dec. 20, 2016, we wrote about a decision out of England’s High Court of Justice finding that members of music group Duran Duran breached their agreements with a music publisher by filing notices to terminate assignments of copyrights in 37 of their songs under section 203 of the Copyright Act.  That decision shocked much … Continue Reading

Flo & Eddie, Inc. v. Sirius XM Radio, Inc.: The New York Court of Appeals Conducts an Inquiry Into the Past and the Future of State Copyright Law

By Robert Welsh on Posted in Copyright
Sirius XM Radio received an early present for the holidays: On Dec. 20, the New York Court of Appeals issued an opinion addressing a question certified by the U.S. 2d Circuit Court of Appeals regarding whether “there is a right of public performance for creators of sound recordings under New York law and, if so, … Continue Reading

Something’s phishy here … Addressing internet scams through intellectual property strategy

Photo of Deborah A. WilcoxBy Shannon McCue and Deborah A. Wilcox on Posted in Copyright, Cybercrime
This time of year, people often seek extra work opportunities to make some spare cash. Job applicants flock to websites to find employment. This also attracts scam artists who impersonate legitimate companies to hook victims. While a variety of phishing schemes use imitation to provide a look of legitimacy to the scam, one of the … Continue Reading
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