Tag Archives: copyright

Transforming Works: The Second Circuit Rules That the Google Library Project Digitization Is a Transformative Fair Use in Authors Guild, v. Google Inc.

On October 16, 2015, the Second Circuit affirmed the district court’s ruling in Authors Guild, Inc. v. Google Inc., 954 F. Supp. 2d 282 (S.D.N.Y. 2013), previously reported here, that Google’s digitization of complete copyrighted works, without author permission, and the creation of excerpt “snippets,” accessible to the public by contracting libraries for research, is … Continue Reading

BakerHostetler’s Oren Warshavsky, a Law360’s Voices of the Bar for Intellectual Property, comments on “What Shall We Do About ‘Orphan Works’?”

On September 22, Law360 published an article positing the question, “What should be done to more fairly enable the use of orphan works?” after the ruling determining that Warner/Chappell Music, Inc. does not own a valid copyright on “Happy Birthday to You.” Oren Warshavsky, head of BakerHostetler’s national Copyright, Content, and Platforms team and one … Continue Reading

BakerHostetler’s Oren Warshavsky, a Law360’s Voices of the Bar for Intellectual Property, comments on “What Shall We Do About ‘Orphan Works’?”

On September 22, Law360 published an article positing the question, “What should be done to more fairly enable the use of orphan works?” after the ruling determining that Warner/Chappell Music, Inc. does not own a valid copyright on “Happy Birthday to You.” Oren Warshavsky, head of BakerHostetler’s national Copyright, Content, and Platforms team and one … Continue Reading

Ninth Circuit: “Holy Copyright Law, Batman!” The Batmobile Is Copyrightable

The Ninth Circuit Court of Appeals held that the Batmobile is a copyrightable character. The Ninth Circuit’s opinion explaining its ruling begins with the sentence “Holy copyright law, Batman!,” and goes on to quote Adam West and invoke other pop culture references.  “ Since 1939, Batman has been featured in numerous publications by DC Comics, … Continue Reading

Ninth Circuit: “Holy Copyright Law, Batman!” The Batmobile Is Copyrightable

The Ninth Circuit Court of Appeals held that the Batmobile is a copyrightable character. The Ninth Circuit’s opinion explaining its ruling begins with the sentence “Holy copyright law, Batman!,” and goes on to quote Adam West and invoke other pop culture references.  “ Since 1939, Batman has been featured in numerous publications by DC Comics, … Continue Reading

California Court Rules No Copyright Protection for “Happy Birthday to You”

This week, in Rupa Marya, et al. v. Warner/Chappel Music, Inc., et al., No. CV 13-4460-GHK (C.D. Cal. Sept. 22, 2015), U.S. District Judge George H. King ruled that defendant Warner/Chappel Music has no enforceable copyright for the ubiquitous song “Happy Birthday to You.” The ruling resolves cross motions for summary judgment filed in November … Continue Reading

The DMCA Through the ‘Lenz’ of Fair Use: The Ninth Circuit Finds Fair Use Analysis Required Before Sending a DMCA Takedown Notice

Yesterday the Ninth Circuit issued an opinion in the heavily followed “dancing baby case,” holding that copyright owners must consider an alleged infringer’s defense of fair use before sending a notice under the Digital Millennium Copyright Act (“DMCA”). Moreover, a copyright owner that fails to conduct a fair use analysis prior to sending a DMCA … Continue Reading

The DMCA Through the ‘Lenz’ of Fair Use: The Ninth Circuit Finds Fair Use Analysis Required Before Sending a DMCA Takedown Notice

Yesterday the Ninth Circuit issued an opinion in the heavily followed “dancing baby case,” holding that copyright owners must consider an alleged infringer’s defense of fair use before sending a notice under the Digital Millennium Copyright Act (“DMCA”). Moreover, a copyright owner that fails to conduct a fair use analysis prior to sending a DMCA … Continue Reading

BakerHostetler’s Oren Warshavsky, a Law360’s Voices of the Bar for Intellectual Property, comments on “With High Court Mum On Java Copyrights, Is Innovation Safe?”

On July 1, 2015, Law360 queried the Supreme Court decision not to review Google Inc. v. Oracle America Inc. in their Voices on the Bar column.  Oren Warshavsky, head of BakerHostetler’s national Copyright, Content, and Platforms team and one of Law360’s Voices on the Bar commented:  “In a vacuum, the Federal Circuit’s holding could well … Continue Reading

Pre-1972 Recording Rulings – Not as Happy Together or as a Settlement

This week, after a string of wins, two members of the classic rock group the Turtles suffered a setback in their lawsuit against satellite radio provider, SiriusXM (Flo & Eddie Inc. v. Sirius XM Radio Inc.). Background: The dispute has been well explained by others, including here and here. But generally speaking, the dispute concerns the rights … Continue Reading

BakerHostetler’s Oren Warshavsky, a Law360’s Voices of the Bar for Intellectual Property, comments on “With High Court Mum On Java Copyrights, Is Innovation Safe?”

On July 1, 2015, Law360 queried the Supreme Court decision not to review Google Inc. v. Oracle America Inc. in their Voices on the Bar column.  Oren Warshavsky, head of BakerHostetler’s national Copyright, Content, and Platforms team and one of Law360’s Voices on the Bar commented:  “In a vacuum, the Federal Circuit’s holding could well … Continue Reading

In re Tam – Federal Circuit Orders En Banc Review of Trademark Act’s Ban Against Registration of Disparaging Marks

The Slants is a Portland-based band composed of musicians of Asian-American descent who characterize their genre as “Chinatown Dance Rock.” The band’s bassist, Simon Tam, filed a trademark application for THE SLANTS for “Entertainment, namely, live performances by a musical band.” The examining attorney refused registration on the basis that the mark THE SLANTS is disparaging … Continue Reading

Jury Sees a Clear Line – Pharrell, Thicke Crossed It

Pharrell Williams, famous for singing about how “Happy” he is, might be changing his tune these days. On March 10, a federal jury found him and fellow pop star Robin Thicke liable for copying Marvin Gaye’s popular song “Got to Give it Up,” resulting in one of the biggest music-infringement verdicts ever – $7.3 million. … Continue Reading

Another Step in the Long March from Campbell v. Acuff-Rose toward Fair Use Free-for-All?

Fox News Network, LLC v. TVEyes, Inc., 2014 WL 4444043 (S.D.N.Y. Sept. 9, 2014) TVEyes is a media-monitoring subscription service that “records the entire content of television and radio broadcasts and creates a searchable database of that content.” This service allows subscribers to search keywords or phrases to determine and review an aggregation of instances … Continue Reading

Apparel Designs and the “Metaphysics” of Copyright Protection

Varsity Brands, Inc. v. Star Athlectica, LLC, 110 U.S.P.Q.2d 1150 (W.D. Tenn. 2014) Metaphysics is usually thought to be the province of philosophers or theologians.  A recent decision by a U.S. District Court in Tennessee, Varsity Brands, Inc. v. Star Athletica, LLC, 110 U.S.P.Q.2d 1150 (W.D. Tenn. 2014), reminds us that copyright law can also … Continue Reading

Apparel Designs and the “Metaphysics” of Copyright Protection

Varsity Brands, Inc. v. Star Athlectica, LLC, 110 U.S.P.Q.2d 1150 (W.D. Tenn. 2014) Metaphysics is usually thought to be the province of philosophers or theologians.  A recent decision by a U.S. District Court in Tennessee, Varsity Brands, Inc. v. Star Athletica, LLC, 110 U.S.P.Q.2d 1150 (W.D. Tenn. 2014), reminds us that copyright law can also … Continue Reading

What CLS Bank Taketh, Copyright May Giveth Back

CLS Bank and Its Impact on Software Patents Courts, commentators and clients will be struggling for some time to assess the impact on software patents of Thursday’s Supreme Court decision in Alice v. CLS Bank.  Interpreted one way, the decision kills patents directed at computer-implemented business methods.  Interpreted another way, it’s business as usual for … Continue Reading

What CLS Bank Taketh, Copyright May Giveth Back

CLS Bank and Its Impact on Software Patents Courts, commentators and clients will be struggling for some time to assess the impact on software patents of Thursday’s Supreme Court decision in Alice v. CLS Bank.  Interpreted one way, the decision kills patents directed at computer-implemented business methods.  Interpreted another way, it’s business as usual for … Continue Reading

Legislative Watch: Trade Facilitation and Trade Enforcement Reauthorization Act of 2013

Editor’s Note: This article was originally published as a BakerHostetler Executive Alert on November 13, 2013 Authored by: Heather J. McDonald and Jenna Felz A proposed U.S. Senate Bill has the potential to change the way in which intellectual property infringement is reported and enforced. U.S. Senate Bill 662 (“S. 662”), the Trade Facilitation and Trade Enforcement Reauthorization … Continue Reading

Robin Thicke, Marvin Gaye, and the Blurred Line Between Inspiration and Infringement

Robin Thicke’s Blurred Lines has been a pop-music juggernaut: the year’s best selling song in the United States and the UK is entering its 11th week at the top of Billboard’s Hot 100 chart.  When it was initially released many noted that it was reminiscent of Marvin Gaye’s hit Got to Give It Up.  And … Continue Reading

Cars Lawsuit Runs Out of Gas

The United States Supreme Court recently brought final resolution to Mandeville-Anthony v. Walt Disney Co., a dispute over the ownership of Disney and Pixar’s animated movies “Cars” and “Cars 2,” and the spin-off television series “Cars Toon.”  The plaintiff originally filed the case in 2011 in the Central District of California alleging two claims.  First, … Continue Reading
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