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

McDermott Will & Emery
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USA
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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

Second Circuit revives copyright infringement suit against non-resident for uploading copyrighted material online

McDermott Will & Emery
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USA
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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

No standing if plaintiff’s exclusive rights were limited in time

McDermott Will & Emery
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India, USA
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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

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

McDermott Will & Emery
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USA
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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

Challenge to grant of attorneys’ fees in copyright case derailed by untimely objection

McDermott Will & Emery
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USA
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January 31 2011

Considering a plaintiff’s second motion for reconsideration challenging the award of attorneys’ fees to the defendant in a copyright case, the U.S. Court of Appeals for the First Circuit upheld the award without remanding the issue to the district court where plaintiff’s objection was over 30 days late and defendant had submitted records demonstrating the reasonableness of the award

Ninth Circuit declares that “the king” is dead (in copyright cases)

McDermott Will & Emery
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USA
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September 30 2011

Merely weeks after a separate panel considered the impact of the Supreme Court’s 2006 ruling in the patent infringement case eBay Inc. v. MercExchange, L.L.C. on copyright casesPerfect 10 Inc. v. Google Inc., Case No. 10-56316 (9th Cir., Aug. 3, 2011)the U.S. Court of Appeals for the Ninth Circuit once again held that 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

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

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

McDermott Will & Emery
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USA
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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

Restoration of copyright in foreign works passes constitutional muster

McDermott Will & Emery
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USA
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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

“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