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Results: 1-10 of 69

Experience Jimi Hendrix, post-mortem publicity rights

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 28 2014

The U.S. Court of Appeals for the Ninth Circuit, reversing a district court's ruling finding unconstitutional the provisions of the Washington

Copyright registration does not trigger the statute of limitation for a co-authorship claim

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 28 2014

Addressing for the first time the issues of cancelation of copyright registration by a court and accrual of a joint authorship claim under the

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

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

Judge Posner solves Sherlock Holmes copyright case

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 30 2014

The original character of the famous detective Sherlock Holmes, along with his sidekick, Dr. John H. Watson, are no longer subject to copyright

Right of publicity v. copyright

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

Reversing a district court’s ruling on a motion for judgment as a matter of law on preemption and standing, the U.S. Court of Appeals for the Ninth Circuit found that an adult film star had standing to assert copyright claims but his right of publicity claim was preempted by federal copyright law

Ravens’ fair use defense won’t fly

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

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

First-sale doctrine protects sale of promotional CDs

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

The U.S. Court of Appeals for the Ninth Circuit affirmed a district court holding that a defendant’s resale of promotional music compact discs was permissible under the first-sale doctrine and did not constitute copyright infringement