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But I didn’t know I was infringing

McDermott Will & Emery
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USA
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March 31 2010

In a strategic victory for the recording industry, the U.S. Court of Appeals for the Fifth Circuit reversed a denial of a motion for summary judgment finding that notwithstanding an alleged infringer’s ignorance of the law, the “innocent infringer” defense under 17 U.S.C. 504(c)(2), typically is not available as a matter of law if copyrighted materials are properly marked

Running of SOL on original work does not preclude ownership claim if later version of work is distinct

McDermott Will & Emery
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USA
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December 31 2009

The U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of a music composerproducer’s copyright infringement and breach of contract claims against the defendants, but reversed and remanded the producer's co-ownership claim against the record publisher (record publisher and artist) to determine if the statute of limitation (SOL) had run as to later “versions” of an original work on which the SOL barred the ownership claim

Plaintiff’s choice to file in a “centralized venue” will not defeat a motion to transfer venue if the evidence is primarily in a different forum

McDermott Will & Emery
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USA
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January 30 2010

The U.S. Court of Appeals for the Federal Circuit recently granted Nintendo’s petition for a writ of mandamus to transfer a patent infringement suit from the U.S. District Court for the Eastern District of Texas to the U.S. District Court for the Western District of Washington, finding that the district court abused its discretion in denying transfer of venue under 28 U.S.C. 1404(a

ALJ Charneski extends target date in digital television investigation

McDermott Will & Emery
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USA
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July 20 2010

ALJ Charneski has extended the target date in Inv. No. 337-TA-617, Certain Digital Televisions and Certain Products Containing Same and Methods of Using Same, until January 27, 2011

Ravens’ fair use defense won’t fly

McDermott Will & Emery
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USA
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October 28 2010

The U.S. Court of Appeals for the Fourth Circuit, reversing the district court, found that the NFL’s Baltimore Ravens’ unauthorized use of its previously adjudicated infringing logo design in highlight film was not a fair use

Digital music downloads are not public performances

McDermott Will & Emery
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USA
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October 28 2010

The U.S. Court of Appeals for the Second Circuit, affirming a district court, found that a download of a musical work does not constitute a public performance of that work. In that same case, the court vacated the district court’s assessment of license fees

Broad but definite license agreement on Eminem masters means $$

McDermott Will & Emery
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USA
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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

Identical use of permissible copyrighted work privileged in collective work

McDermott Will & Emery
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USA
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August 31 2008

The U.S. Court of Appeals for the Eleventh Circuit, in a case destined to be widely cited, held that copyrighted work can be reproduced in a collective work if it is a work that collectively uses material originally published with permission it and uses the identical selection, coordination and arrangement of the work as in the original work

Creating a circuit split, the Second Circuit rejects "independent economic value" test

McDermott Will & Emery
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USA
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June 30 2010

The U.S. Court of Appeals for the Second Circuit rejected the “independent economic value” test adopted by four other circuits and upheld an award of statutory damages for copyright infringement of music on a per-album basis, not a per-song basis

A combination of non-conclusory factual allegations satisfies Twombly for a Sherman Act 1 claim and can proceed to trial

McDermott Will & Emery
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USA
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February 28 2010

The U.S. Court of Appeals for the Second Circuit recently reversed a district court decision dismissing a complaint alleging the defendants conspired to fix prices of digital music in violation of the Sherman Act 1

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