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Results: 11-20 of 129

Constitutional challenge to (file sharing) damage award rebuffed

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 31 2011

The U. S. Court of Appeals for the First Circuit was less sympathetic than the district court to a Boston College graduate student who was found to have used file sharing software to distribute copyrighted music, concluding that the district court erred in reducing the damage award based on due process concerns

Statutory damages: foreign works and the U.S. live broadcast exemption

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 16 2009

In a class action led by the Football Association Premier League (FAPL) and U.S. music publishers Bourne against YouTube and its owners Google (The FAPL v YouTube Inc. (US District Court Southern District of New York)) filed on 4 May 2007, a U.S. District Court judge held that, because the FAPL did not register its broadcasts of Premier League matches with the US Copyright Office, it cannot claim statutory damages under the US Copyright Act against YouTube in respect of allegedly copyright infringing material uploaded by users to the video sharing site

It’s the words, not the ideas, that are copyrightable

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

The U.S. Court of Appeals for the Seventh Circuit dismissed a lawsuit claiming that Elton John and his songwriter partner Bernie Taupin had

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

  • McDermott Will & Emery
  • -
  • USA
  • -
  • 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

Second Circuit revives copyright infringement suit against non-resident for uploading copyrighted material online

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 30 2011

Employing the standard set out by the New York Court of Appeals in internet copyright infringement cases, the U.S. Court of Appeals for the Second Circuit has revived a copyright infringement suit brought by a New York resident against a non-resident based upon defendant’s alleged uploading of copyrighted materials onto the internet

Digital music downloads are not public performances

  • McDermott Will & Emery
  • -
  • USA
  • -
  • 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

No honor among “insatiable” porn purveyors

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 30 2010

The U.S. Court of Appeals for the Second Circuit, in a case decided on pre-emption, affirmed the dismissal of the basis of copyright complaint for unauthorized publication, tortious interference and conversion brought by an author against three book publishers and adult film star

Circumstantial evidence does not create a triable issue of material fact

  • McDermott Will & Emery
  • -
  • USA
  • -
  • December 28 2007

The U.S. Court of Appeals for the Sixth Circuit upheld the district court’s grant of summary judgment in favor of defendant-appellee Universal-MCA Music Publishing (Universal), agreeing that plaintiff-appellant Bridgeport Music, Inc. (Bridgeport) had failed to set forth specific facts showing a triable issue of material fact

Ninth Circuit adopts lower court’s use of its own "blades of chaos" to filter out the unprotectable elements of a plaintiff’s copyright infringement claim

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 31 2011

The U.S. Court of Appeals for the Ninth Circuit adopted and affirmed the trial court’s decision that no reasonable juror could conclude that Sony’s God of War videogame contained substantially similar ideas and expression to any of the protectable elements contained in the plaintiffs’ works

Exotic dancing attire may be inherently distinctive, but the Chippendales "Cuffs & Collar" costume is not

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

Addressing whether the well-known Chippendales "Cuffs & Collar" costume is inherently distinctive for adult entertainment services, the U.S. Court of Appeals for the Federal Circuit affirmed the refusal to register the mark, finding that the costume was not inherently distinctive, but is a "mere variant or refinement" of the Playboy Bunny costume