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Results: 1-10 of 103

No “safe harbor” for BitTorrent website operator

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

DMCA safe harbor analysis now the same in both Ninth and Second Circuits

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 30 2013

The U.S. Court of Appeals for the Ninth Circuit has withdrawn its 2011 opinion applying the "safe harbor" provision of the Digital Millennium

Vicarious copyright infringement requires a showing of supervision or control

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 30 2013

In an opinion that elaborates on the degree of third-party supervision required in order to attach vicarious copyright infringement liability, the U.S

Termination of employee refusing to perform copyright infringement was illegal

  • McDermott Will & Emery
  • -
  • USA
  • -
  • March 29 2013

The Texas Court of Appeals for the Second District found that an employee was wrongfully terminated from an architecture firm when he refused to

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

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

Graphic novel not substantially similar to Heroes

  • McDermott Will & Emery
  • -
  • USA
  • -
  • 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In an unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed dismissal of a complaint for copyright infringement, unfair

Supreme Court finds that “first sale” doctrine applies to works

  • McDermott Will & Emery
  • -
  • USA
  • -
  • March 29 2013

In a 6-3 ruling, resolving an issue left open since the Supreme Court of the United States' 4-4 deadlock in Costco Wholesale v. Omega S.A., (See IP

Proof of copying by circumstantial evidence requires more than “mere possibility”

  • McDermott Will & Emery
  • -
  • USA
  • -
  • March 29 2013

Addressing the standard to show copying through circumstantial evidence rather than direct evidence, the U.S. Court of Appeals for the Fourth Circuit

“First sale” doctrine applies to works lawfully made abroad and imported to the United States

  • McDermott Will & Emery
  • -
  • USA
  • -
  • March 20 2013

In a decision that may significantly impact international production and distribution practices for copyrighted works, the Supreme Court of the

Use of candid photo in poster not infringing

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 28 2013

The U.S. Court of Appeals for the First Circuit upheld a district court's decision limiting a copyright holder's protection in a candid photograph