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Digital music downloads are not public performances
- McDermott Will & Emery
- -
- 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
- -
- 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
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
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
Really, “You Don’t Mess with the Zohan”
- McDermott Will & Emery
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- USA
- -
- July 31 2011
In a case involving scènes à faire and preemption issues, the U.S. Court of Appeals for the Second Circuit affirmed a district court’s grant of summary judgment in favor of the makers of the motion picture You Don’t Mess with the Zohan
Strict proportionality not required between attorneys’ fees and damages
- McDermott Will & Emery
- -
- USA
- -
- July 31 2011
In a recent action for copyright infringement, the U.S. Court of Appeals for the First Circuit upheld the district court’s award of attorneys’ fees, noting that strict proportionality between fees and damages is not required
Scarlett? Rhett? Frankly my dear, I don’t give a damn
- McDermott Will & Emery
- -
- USA
- -
- July 31 2011
The U.S. Court of Appeals for Eighth Circuit ruled that copyright holders deserve protection of characters even after images containing such characters have entered the public domain
I’m singing the bluessampled song and procedural mish-mash
- McDermott Will & Emery
- -
- USA
- -
- July 31 2011
In a case decided largely on procedural grounds (leave to file amended complaint, subject matter jurisdiction, attorneys’ fees, res judicata), a once well-known blues and soul artist finally failed in his drawn-out attempt to obtain redress for the “looping” of his 1969 song by a 1990’s hip-hop group, when the U.S. Court of Appeals for the Seventh Circuit upheld all of the district court’s rulings against him in both of the cases he filed against the group
No standing if plaintiff’s exclusive rights were limited in time
- McDermott Will & Emery
- -
- India, USA
- -
- April 29 2011
Evaluating ownership of a sound recording under both the Indian Copyright Act and U.S. Copyright Act, the U.S. Court of Appeals for the Eleventh Circuit upheld a district court’s grant of summary judgment to defendants in a copyright infringement action, finding that the plaintiff lacked standing to sue because the underlying agreement granted exclusive rights that were limited in time
Current Search
- Jurisdiction - USA
- Workarea - Litigation
- Workarea - Media & Entertainment
- Workarea - Copyrights
- Firm Name - McDermott Will & Emery
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