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Results: 1-10 of 17

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

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

Sony is the new “King of the Road”

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

Considering whether musician Roger Miller’s widow or a music publishing company owned his music catalog, including the hit song “King of the Road,” the U.S. Court of Appeals for the Sixth Circuit reversed a lower court’s decision that found the publishing company liable for copyright infringement thereby vacating an award of almost $1 million in damages

Supreme Court to decide if first sale doctrine permits importation of foreign-made copyrighted works without authorization

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 27 2012

The “first sale doctrine” in copyright law permits the owner of a lawfully made copy of a copyrighted work to sell or dispose of that copy as it sees fit

“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

Restoration of copyright in foreign works passes constitutional muster

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 27 2012

A 1994 statute extended U.S. copyright protection to foreign works previously unprotected in the United States, removing an estimated “millions” of foreign works from free, public domain availability

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

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

Restoration of copyright in foreign works passes constitution muster

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

In a 6-2 decision, the Supreme Court of the United States affirmed a decision by the United States Court of Appeals for the Tenth Circuit upholding a federal law that restored copyright protection to foreign works that had entered the public domain in the U.S