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No “safe harbor” for BitTorrent website operator

McDermott Will & Emery
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USA
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April 30 2013

The U.S. Court of Appeals for the Ninth Circuit affirmed a summary judgment ruling in favor of seven film studios finding that the defendant induced

Graphic novel not substantially similar to Heroes

McDermott Will & Emery
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USA
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March 29 2013

In an unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed dismissal of a complaint for copyright infringement, unfair

Clip from The Ed Sullivan Show in musical Jersey Boys was fair use

McDermott Will & Emery
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USA
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March 29 2013

The U.S. Court of Appeals for the Ninth Circuit concluded that the use by a musical production company in the musical Jersey Boys of a seven-second

Lack of striking similarity ends The Big C copyright infringement action in the Ninth Circuit

McDermott Will & Emery
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USA
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December 27 2012

In an unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court's grant of summary judgment in favor of defendants

Alien v. Predator; who prevails in copyright dispute?

McDermott Will & Emery
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USA
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November 29 2012

The U.S. Court of Appeals for the Second Circuit upheld an order granting summary judgment on copyright and breach of contract claims against Alien vs. Predator film (AVP) creators, concluding that the alleged similarities between the plaintiffs’ screenplay and the film in issue were insufficient to create factual issues from which a reasonable juror could find actual copying or improper appropriation

Eleventh Circuit holds not all “internet” distribution is worldwide publication, giving rise to a United States work

McDermott Will & Emery
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USA
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October 31 2012

In a suit involving allegations that Nelly Furtado’s song Do It illegally copied the musical work Acidjazzed Evening, the U.S. Court of Appeals for the Eleventh Circuit affirmed summary judgment for defendants based on plaintiff’s failure to register the copyright or prove it was exempt from that requirement as a foreign work

No compulsory license for internet streaming

McDermott Will & Emery
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USA
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October 31 2012

In an appeal of a preliminary injunction against ivi, Inc., the U.S. Court of Appeals for the Second Circuit found that internet streaming services are not entitled to compulsory licenses under 17 U.S.C. 111 of the Copyright Act for broadcast TV retransmissions

Not every magazine use is fair

McDermott Will & Emery
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USA
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September 28 2012

The U.S. Court of Appeals for the Sixth Circuit sided with a TV news reporter, concluding that the publication, by Hustler magazine, of semi-nude photos of the reporter (which were owned by the reporter) was a copyright infringement and was a commercial use beyond the scope of a fair use defense

Walking the red carpet may negate rights of publicity claims

McDermott Will & Emery
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USA
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August 30 2012

In an unpublished, non-precedential opinion, the U.S. Court of Appeals for the Ninth Circuit concluded that a display of sample images for which a company provides copyright licenses to end users did not violate a celebrity’s rights of publicity when the celebrity gave implied consent to have her photograph taken on the “red carpets” of various events

Statutory provision on royalty judges violates appointments clause

McDermott Will & Emery
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USA
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August 30 2012

The U.S. Court of Appeals for the District of Columbia Circuit ruled that the position of Copyright Royalty Judges (CRJs) violates the Appointments Clause of the U.S. Constitution, but remedied the violation by invalidating and severing restrictions on the Librarian of Congress’s ability to remove the CRJs

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Jurisdiction - USA
Workarea - Litigation
Workarea - Media & Entertainment
Workarea - Copyrights
Firm Name - McDermott Will & Emery