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New clarity in the first sale doctrine
- Fredrikson & Byron PA
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- USA
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- April 9 2013
Two aspects of the U.S. Supreme Court's recent ruling in the Kirtsaeng v. John Wiley & Sons, Inc. copyright case are immediately remarkable. First
Caveat for copyright holders: don’t sit on your claims
- Fredrikson & Byron PA
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- USA
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- October 24 2012
Copyright owners face many challenges in this digital age, not the least of which is the ease with which creative works like music and movies are illegally distributed over the internet
Is the Google Library Project half way out of the woods?
- Fredrikson & Byron PA
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- USA
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- October 8 2012
On Thursday, October 4, 2012, the Association of American Publishers announced that it had reached a settlement with Google, Inc. in regard to their seven-year-old copyright dispute over the Google Library Project, under which Google planned to scan and make available to the public every book ever published in digital form
The joy of unoriginal thinking
- Fredrikson & Byron PA
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- USA
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- August 24 2012
Last week the Second Circuit reaffirmed the old copyright doctrine that brilliance, originality, and a high level of creativity are not prerequisites for copyrightability, and at the same time it clarified a misinterpretation of the Architectural Works Copyright Protection Act (“AWCPA”
A social bookmarking service passes judicial scrutiny under the Copyright Act, or does it?
- Fredrikson & Byron PA
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- USA
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- August 10 2012
On August 2, 2012, the Seventh Circuit Court of Appeals, in an opinion written by Judge Richard Posner, vacated a federal district court’s granting of a preliminary injunction against myVidster for infringing the copyright in videos owned by Flava Works, Inc
The uncertain legacy of Costco v. Omega: when is a sale a first sale?
- Fredrikson & Byron PA
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- USA
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- April 18 2012
On December 13, 2010, the United States Supreme Court issued a split decision, with no opinion or explanation, in the Costco v. Omega copyright case: it went 4-4 because Justice Kagan, who had filed an amicus brief in the case while she was the U.S. Solicitor General, recused herself from the proceeding
The art of words and the words of art
- Fredrikson & Byron PA
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- USA
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- March 6 2012
The Andy Warhol Foundation has filed an amicus brief in the Cariou v. Prince case, which is pending before the Second Circuit and concerns a dispute over whether appropriation artist Richard Prince’s uses of Patrick Cariou’s Yes Rasta photographs in Prince’s Canal Zone paintings constitute a fair use under Copyright law, which would excuse Prince’s having used the photographs without licensing them
Do wolves in e-books e-howl?
- Fredrikson & Byron PA
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- USA
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- February 22 2012
On February 16, 2012, Open Road Integrated Media, Inc. filed its answer to HarperCollins Publishers suit for copyright infringement regarding Open Road’s having published an e-book version of the 1973 Newberry Medal winning novel entitled Julie and the Wolves by Jean Craighead George
A DMCA compliance paint-by-numbers
- Fredrikson & Byron PA
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- USA
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- February 14 2012
The Ninth Circuit’s recent affirmation of the Federal District Court’s grant of summary judgment in UMG Recordings, Inc. v. Veoh Networks, Inc. can serve as a guide to online service providers (“OSPs”) seeking protection of the “safe harbor” provisions of the Digital Millennium Copyright Act (“DMCA”
If it transforms, is it transformative?
- Fredrikson & Byron PA
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- USA
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- February 8 2012
Appropriation artists deliberately borrow images (sometimes famous images, such as Andy Warhol’s uses of Campbell Soup labels) which have a known setting and recontextualize them in new works of art
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