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Results: 1-10 of 26

U.S. Supreme Court grants review of statute restoring copyright in public domain works

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

The questions presented are whether the Progress Clause of the United States Constitution prohibits Congress from taking works out of the public domain, and whether Section 514 of the Uruguay Round Agreements Act of 1994 violates the First Amendment of the United States Constitution

Mobile carriers not secondarily liable for copyright infringement on multimedia messaging system

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

Mobile carriers are not liable for inducing infringement of copyright on their multimedia messaging system because they did not design the system with the object of promoting infringement, nor did they take any specific, affirmative steps to actively encourage or induce infringement by users of the system, a district court ruled in a copyright infringement action brought by a producer of multimedia messaging content

Posting entire news article on nonprofit organization's blog constitutes fair use

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

The re-posting of an entire news article on the blog of a nonprofit organization is fair use as a matter of law where the purpose was to educate the public, a district court ruled

Under New York long-arm statute, copyright owner's location is situs of copyright harm from online infringement

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

Under N.Y.C.P.L.R. 302(a)(3)(ii), which provides for long-arm jurisdiction in cases involving out-of-state tortious acts that cause harm within the State, where unauthorized copies of copyrighted works are posted on Web sites outside New York, the situs of the resulting injury is the location of the copyright owner

Google Books settlement would usurp congressional role in revising copyright law

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

Judge Chin found that the settlement was not "fair, adequate and reasonable," as required by the federal rules, and suggested that it might be able to be approved if it was changed to an opt-in, rather than an opt-out, settlement

Access to licensed software by attorneys acting for benefit of licensee breached license agreement

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

Use of licensed software by attorneys acting for the benefit of a licensee of the software breached the terms of the license agreement, the U.S. Court of Appeals for the Fifth Circuit ruled

Software licensor's contract prohibition against automated download of support materials does not constitute copyright misuse

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

A prohibition in a software license agreement against the use of automated tools to download support materials related to the software is not a misuse of copyright, a district court found

Developer of automated videogame-playing program violated DMCA but did not infringe copyright

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

The developer of an automated videogame-playing software program violated the anticircumvention provisions of the Digital Millennium Copyright Act, but is not liable for copyright infringement, the U.S. Court of Appeals for the Ninth Circuit ruled

Excerpting and linking to online news article protected by fair use doctrine

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

A blogger's posting of an eight-line excerpt from a 30-line online newspaper article, coupled with a link to the full article on the newspaper Web site, is protected by the copyright fair use doctrine, a district court ruled

Download of copyrighted digital music file not a public performance under Copyright Act

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

Downloading a copyrighted digital music file does not constitute a public performance under the Copyright Act, the U.S. Court of Appeals for the Second Circuit ruled