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Strict proportionality not required between attorneys’ fees and damages

McDermott Will & Emery
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USA
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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
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USA
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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

Idea submission case involving “ghost hunters” television series not preempted by copyright law

McDermott Will & Emery
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USA
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May 28 2011

In a 7-4 decision, the U.S. Court of Appeals for the Ninth Circuit held, en banc, that a writer sufficiently stated an implied contract claim, not preempted by copyright law, where a plaintiff alleged a bilateral expectation that the plaintiff would be compensated by defendant for use of plaintiff’s idea

I’m singing the bluessampled song and procedural mish-mash

McDermott Will & Emery
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USA
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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

“Hot news” cannot be enjoined under misappropriation claim

McDermott Will & Emery
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USA
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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

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
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USA
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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

“Caught Up” not substantially similar to “caught Up”

McDermott Will & Emery
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USA
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February 29 2012

Assessing whether two songs titled “Caught Up” possessed enough similarities to survive a motion to dismiss, the U.S. Court of Appeals for the Second Circuit held that they were not in that the songs were lyrically and musically distinct

Constitutional challenge to (file sharing) damage award rebuffed

McDermott Will & Emery
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USA
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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

DMCA safe harbor held to protect content-sharing website

McDermott Will & Emery
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USA
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January 31 2012

The U.S. Court of Appeals for the Ninth Circuit affirmed summary judgment in favor of a defendant “video-sharing” website, holding that defendant is protected from liability for copyright infringement under the safe harbor provisions of the Digital Millennium Copyright Act (DMCA

How deep is the safe harbor?

McDermott Will & Emery
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USA
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May 30 2012

In a case that has now been in litigation for more than five years, and in an appeal that drew close to a hundred amici briefs, the U. S. Court of Appeals for the Second Circuit has explained its position on the contours of the Digital Millennium Copyright Act's (DCMA's) safe harbor provision that limits the liability of online service providers who permit users to post content on their websites

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