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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

Supreme Court evenly split in Costco v. Omega

  • Foley Hoag LLP
  • -
  • USA
  • -
  • December 17 2010

On December 13, 2010, after much anticipation in the case of Costco Wholesale Corporation v. Omega, S.A., No. 08-1423, it was announced that the eight Justices of the high court that considered the merits were evenly split, four to four

A "deal with the devil"? Ghost Rider creator asserts that contract did not give Marvel perpetual ownership of copyright in comic book character

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

As we have previously observed, superheroes often take starring roles in disputes relating to copyright protection for fictional characters. This

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

Too little too late: court rejects confirmatory copyright assignment due to lack of evidence of prior transfer

  • Foley Hoag LLP
  • -
  • USA
  • -
  • April 26 2011

A recent case in the Third Circuit, Barefoot Architect Inc. v. Bunge, Case Nos. 09-4495, 09-4600, (3d. Cir. January 14, 2011) has provided some interesting practice pointers with respect to copyright transfers

Court finds no digital re-sale right for iTunes music

  • Foley Hoag LLP
  • -
  • USA
  • -
  • July 17 2013

One reason to buy physical books and music CDs rather than Kindle books and iTunes files is that when you own a physical copy of the book or music CD

The dark side of copyright enforcement: magistrate judge recommends that suit against copyright owner and its counsel be allowed to proceed

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

Boston seems to be the venue for action at the far extremes in copyright enforcement

Copyright law reform engages both courts and Congress

  • Foley Hoag LLP
  • -
  • USA
  • -
  • May 21 2013

Big changes may be afoot in copyright law these days, via both litigation and legislation. Courts are considering sweeping infringement claims with

A far cry from the same injury: Judge rebuffs class action against copyright “settlement fraud”

  • Foley Hoag LLP
  • -
  • USA
  • -
  • March 29 2013

Ever since the entertainment industry figured out how to use IP addresses to bring copyright infringement lawsuits against illegal downloaders

Autodesk owns your software

  • Foley Hoag LLP
  • -
  • USA
  • -
  • September 23 2010

Autodesk owns your software if you (think you) own a copy of AutoCAD, that is