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Mobile carriers not secondarily liable for copyright infringement on multimedia messaging system
- Proskauer Rose LLP
- -
- USA
- -
- May 5 2011
Mobile carriers are not liable for inducing infringement of copyright on their multimedia messaging system because they did not design the system with the object of promoting infringement, nor did they take any specific, affirmative steps to actively encourage or induce infringement by users of the system, a district court ruled in a copyright infringement action brought by a producer of multimedia messaging content
Download of copyrighted digital music file not a public performance under Copyright Act
- Proskauer Rose LLP
- -
- USA
- -
- January 11 2011
Downloading a copyrighted digital music file does not constitute a public performance under the Copyright Act, the U.S. Court of Appeals for the Second Circuit ruled
Company that distributed P2P software secondarily liable for massive infringement by users
- Proskauer Rose LLP
- -
- USA
- -
- July 29 2010
A company that created and distributed a peer-to-peer file-sharing program that was used to distribute unauthorized copies of copyrighted music files on a "massive scale" is secondarily liable for acts of direct infringement on the part of the users of the program, a district court ruled
Posting entire news article on nonprofit organization's blog constitutes fair use
- Proskauer Rose LLP
- -
- USA
- -
- May 5 2011
The re-posting of an entire news article on the blog of a nonprofit organization is fair use as a matter of law where the purpose was to educate the public, a district court ruled
Google Books settlement would usurp congressional role in revising copyright law
- Proskauer Rose LLP
- -
- USA
- -
- May 5 2011
Judge Chin found that the settlement was not "fair, adequate and reasonable," as required by the federal rules, and suggested that it might be able to be approved if it was changed to an opt-in, rather than an opt-out, settlement
Music downloader's due process rights violated by copyright statutory damages award of $22,500 per song
- Proskauer Rose LLP
- -
- USA
- -
- September 30 2010
A jury award of $22,500 per song, resulting in a total award of $675,000 in statutory damages against an individual who downloaded copyrighted music files on a peer-to-peer network, violated the individual's due process rights, where he reaped no pecuniary reward from the infringement and the infringement caused the plaintiffs "minimal harm," a district court ruled
Developer of automated videogame-playing program violated DMCA but did not infringe copyright
- Proskauer Rose LLP
- -
- USA
- -
- January 11 2011
The developer of an automated videogame-playing software program violated the anticircumvention provisions of the Digital Millennium Copyright Act, but is not liable for copyright infringement, the U.S. Court of Appeals for the Ninth Circuit ruled
Excerpting and linking to online news article protected by fair use doctrine
- Proskauer Rose LLP
- -
- USA
- -
- January 11 2011
A blogger's posting of an eight-line excerpt from a 30-line online newspaper article, coupled with a link to the full article on the newspaper Web site, is protected by the copyright fair use doctrine, a district court ruled
No fair use defense for online post of 21-page book excerpt
- Proskauer Rose LLP
- -
- USA
- -
- January 11 2011
The blog posting of images of 21 pages of a soon-to-be-published book is not protected by the fair use doctrine and thus may be temporarily enjoined, a district court ruled
Music downloads and ringtones are licensed, not sold, under royalty agreement
- Proskauer Rose LLP
- -
- USA
- -
- January 11 2011
Sales of music by digital downloads and by ringtones sold through carriers must be accounted to an artist under a royalty contract with a recording company as licenses rather than sales of the music, the U.S. Court of Appeals for the Ninth Circuit ruled
Current Search
- Jurisdiction - USA
- Workarea - Copyrights
- Workarea - Media & Entertainment
- Author - Jeff Neuburger
- Author - Kristen J Mathews