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Results: 1-10 of 17

Defendant bears significant burden to rebut presumption of copyright validity

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 28 2011

Highlighting the significant burden imposed upon a defendant who seeks to invalidate a plaintiff's copyright, the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s sua sponte dismissal of a copyright infringement case, despite defendants offering multiple arguments towards the invalidity of the plaintiff’s copyright

Copyright licensee must own at least one exclusive right for standing

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 28 2011

Affirming dismissal of a copyright infringement suit brought by one licensee against another, the U.S. Court of Appeals for the Seventh Circuit held that a plaintiff must show that it is the exclusive license of at least one of the divisible rights recognized under the Copyright Act to possess sufficient standing to sue for infringement

“Situs of the injury” for exercising personal jurisdiction over defendant for online copyright infringement is location of copyright owner

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 29 2011

In a decision favorable to copyright owners based in the state of New York, the New York State Court of Appeals held that in copyright infringement cases involving the uploading of copyrighted literary works onto the internet, the situs of the injury for purposes of determining personal jurisdiction under New York's long-arm jurisdiction statute is the location of the copyright holder and not the location of the infringing conduct

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

Supreme Court to decide application of first sale doctrine to foreign-made copyrighted works

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 30 2012

The U.S. Supreme Court has agreed to hear a case involving “gray market” resale of copyrighted works and the defense of the “first sale doctrine.”

eBay abrogates presumption of irreparable harm in copyright cases in Ninth Circuit

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

Considering the impact of the Supreme Court’s 2006 ruling in the patent infringement case eBay Inc. v. MercExchange, L.L.C. on copyright cases, the U.S. Court of Appeals for the Ninth Circuit Court held that irreparable harm may no longer be presumed upon showing a likelihood of success when seeking preliminary or permanent injunctive relief in copyright infringement cases

Circuit split on whether copyright registration must be obtained before filing an infringement action

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 30 2010

Copyright owners in the Ninth Circuit recently received same clarity concerning meeting the statutory prerequisites for filing copyright infringement actions from the U.S. Court of Appeals for the Ninth Circuit

Supreme Court hears oral arguments in gray-market copyright case

  • McDermott Will & Emery
  • -
  • USA
  • -
  • November 29 2012

Undaunted by an approaching hurricane that had already shut down the federal government, public transportation and nearly all of the rest of Washington, D.C., the U.S. Supreme Court on October 29, 2012, heard oral arguments in a copyright case involving the unauthorized resale in the United States of foreign versions of textbooks originating from U.S. publishers

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

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

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