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Superheroes of copyright: when do fictional characters enjoy copyright protection?

  • Foley Hoag LLP
  • -
  • USA
  • -
  • March 8 2013

Several recent cases have highlighted the interesting issue of whether and when fictional characters - as distinct from the works they inhabit - are

Risks of an unrestricted license

  • Foley Hoag LLP
  • -
  • USA
  • -
  • November 7 2011

The recent case of Edgenet, Inc. v. Home Depot U.S.A., Inc. (7th Cir., No. 10-1335, 9211) illustrates the principle that a copyright license without restrictions will be broadly construed to encompass all rights

Admissions of “appropriation artist” not fatal to copyright fair

  • Foley Hoag LLP
  • -
  • USA
  • -
  • April 30 2013

The first prong of the fair use defense in copyright infringement cases, the "purpose and character of the use," is often described as an inquiry

Rest in peace, Perfect10 v. Google: epic copyright struggle finally dismissed

  • Foley Hoag LLP
  • -
  • USA
  • -
  • May 8 2012

The firmament of copyright blog topics just got a little dimmer, and a lot better clothed

Update: Blizzard owns your software

  • Foley Hoag LLP
  • -
  • USA
  • -
  • January 10 2011

As expected, the Ninth Circuit has declared link that Blizzard's World of Warcraft (WoW) software licensees are just that -- licensees, and not owners -- because the WoW Terms of Use sufficiently restrict the transfer and use of the WoW software

Is it getting hot in here? Perfect10.com takes on chilling effects

  • Foley Hoag LLP
  • -
  • USA
  • -
  • January 24 2011

In what must be one of the nation's longest-lived Internet copyright wars, Perfect10, Inc. recently opened up a new front, asserting that online publication of its Digital Millenium Copyright Act takedown notices is a copyright violation

Copyright fair use defense not available to aggregator of AP news clips

  • Foley Hoag LLP
  • -
  • USA
  • -
  • April 4 2013

A U.S. federal court has held that the publication by a media monitoring service of excerpts from Associated Press news articles is copyright

Google settles long-running copyright dispute with book publishers

  • Foley Hoag LLP
  • -
  • USA
  • -
  • October 5 2012

Yesterday (October 4th) Google and the Association of American Publishers (AAP) announced that they have settled the litigation filed in 2005 by the AAP challenging the Google Books Library Project

First Circuit rejects reduction of $675,000 damages award in music file-sharing case

  • Foley Hoag LLP
  • -
  • USA
  • -
  • September 27 2011

The First Circuit has kept alive a dispute, well-publicized in the Boston area and elsewhere, about what statutory damages can properly be assessed against a graduate student who illegally shared files of copyrighted music via file-sharing program Kazaa

The DMCA: less protection than meets the eye against circumvention of technological measures to prevent access to software

  • Foley Hoag LLP
  • -
  • USA
  • -
  • September 16 2010

The anti-circumvention provision of the Digital Millennium Copyright Act, 17 U.S.C. 1201, continues to challenge courts in the context of computer software