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Results: 1-10 of 57

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

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

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

“Hot news” cannot be enjoined under misappropriation claim

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

In a case that attracted significant amici attention, the U.S. Court of Appeals for the Second Circuit, invoking the copyright law principal of preemption, vacated an injunction against an internet news service that was based on a tort claim of misappropriation

Direct licenses should be considered in determining reasonable royalty for performing rights organizations

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

The U.S. Court of Appeals for the Second Circuit held that rate courts can take into account direct license rates when determining reasonable royalties due to performing rights organizations in Broadcast Music Inc. v. DMX, Inc

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

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

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

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