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Results: 1-10 of 86

No “safe harbor” for BitTorrent website operator

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 30 2013

The U.S. Court of Appeals for the Ninth Circuit affirmed a summary judgment ruling in favor of seven film studios finding that the defendant induced

Second Circuit refuses to enjoin Aereo’s internet streaming of broadcast television

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 31 2013

Addressing the legality of a streaming TV service that provides internet-streaming of broadcast television programming, the U.S. Court of Appeals for

Arbitration clause can result in amending an agreement to realize its “essence”

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 31 2013

Timegate Studios, Inc. v. Southpeak Interactive, LLC et al. Due to fraudulent conduct and an "extraordinary" breach of a development agreement, the U

Clip from The Ed Sullivan Show in musical Jersey Boys was fair use

  • McDermott Will & Emery
  • -
  • USA
  • -
  • March 29 2013

The U.S. Court of Appeals for the Ninth Circuit concluded that the use by a musical production company in the musical Jersey Boys of a seven-second

The appropriation artist is a Prince

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 31 2013

The U.S. Court of Appeals for the Second Circuit, in a case involving allegations, against an appropriation artist, of infringement of photographs

“Situs of the injury” for exercising personal jurisdiction over defendant for online copyright infringement is location of copyright owner

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 29 2011

In a decision favorable to copyright owners based in the state of New York, the New York State Court of Appeals held that in copyright infringement cases involving the uploading of copyrighted literary works onto the internet, the situs of the injury for purposes of determining personal jurisdiction under New York's long-arm jurisdiction statute is the location of the copyright holder and not the location of the infringing conduct

DMCA safe harbor held to protect content-sharing website

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 31 2012

The U.S. Court of Appeals for the Ninth Circuit affirmed summary judgment in favor of a defendant “video-sharing” website, holding that defendant is protected from liability for copyright infringement under the safe harbor provisions of the Digital Millennium Copyright Act (DMCA

Ex-guitarist must KISS royalties goodbye to satisfy judgment

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 31 2012

In an unpublished ruling, the U.S. Court of Appeals for the Ninth Circuit held that a district court did not err in holding that former KISS guitarist Vinnie “Vinnie Vincent” Cusano must surrender KISS royalty earnings to former bandmate Gene “Gene Simmons” Klein in order to cover Klein’s attorneys’ fees from a royalty dispute Cusano lost in 2003

Supreme Court to decide if first sale doctrine permits importation of foreign-made copyrighted works without authorization

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 27 2012

The “first sale doctrine” in copyright law permits the owner of a lawfully made copy of a copyrighted work to sell or dispose of that copy as it sees fit

Broad but definite license agreement on Eminem masters means $$

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 28 2010

The U.S. Court of Appeals for the Ninth Circuit, reversing a district court decision, held that Eminem’s record label improperly calculated royalties in connection with the exploitation of Eminem’s sound recordings as digital downloads and ringtones