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Music downloads and ringtones are licensed, not sold, under royalty agreement

Proskauer Rose LLP
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USA
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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

Implied license, fair use, held meritorious defenses in online newspaper article copyright infringement action

Proskauer Rose LLP
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USA
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January 11 2011

The implied license and fair use defenses raised by the operator of an online forum are meritorious defenses that warrant reopening a default judgment for copyright infringement, a district court ruled

Music downloader's due process rights violated by copyright statutory damages award of $22,500 per song

Proskauer Rose LLP
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USA
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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

Ninth Circuit says DMCA anticircumvention provision gives new, access-prevention right to copyright owners - MDY v. Blizzard, part II

Proskauer Rose LLP
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USA
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January 4 2011

As we related in Part I of this post, Blizzard Entertainment, distributor of the World of Warcraft game software and the operator of the servers that enable online game play, sought to block the use of automated game playing software by deploying anti-bot software, WoW Warden

Ninth Circuit rules on license conditions versus contract covenants in dispute over World of Warcraft bots - MDY v. Blizzard, part I

Proskauer Rose LLP
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USA
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January 3 2011

Playing World of Warcraft, the world's most popular massively multiplayer online role-playing game (MMORPG), can be, well, a drag

Developer of automated videogame-playing program violated DMCA but did not infringe copyright

Proskauer Rose LLP
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USA
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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
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USA
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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

Download of copyrighted digital music file not a public performance under Copyright Act

Proskauer Rose LLP
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USA
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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

No fair use defense for online post of 21-page book excerpt

Proskauer Rose LLP
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USA
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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

Logo, copyright notice and link on web site constitute "copyright management information" under dmca

Proskauer Rose LLP
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USA
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July 26 2010

The "copyright management" provision of the Digital Millennium Copyright Act, 17 U.S.C. 1202, prohibits the provision or dissemination of copyright management information that is false, as well as the removal or alteration of copyright management information