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The Second Circuit weighs in on transformativeness in the visual arts

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • April 30 2013

A year after hearing oral argument, the Second Circuit has issued its much anticipated decision in Cariou v. Prince on copyright fair use in the

New York Court of Appeals rules that “situs of the injury” of digital piracy is the copyright owner’s place of business, helping New York content providers battle infringement

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • April 7 2011

On March 24, 2011, the New York Court of Appeals issued a decision which should be a boon to New York publishers and other on-line content providers who seek to sue (and deter) online pirates of their copyrighted works

First amendment defeats right of publicity claims against Electronic Arts’ NCAA football video games

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • September 12 2011

On Sept. 9, 2011, Judge Freda Wolfson of the United States District Court for the district of New Jersey issued a 67 page opinion that is not only the latest in a series of decisions involving Electronic Arts’ (EA) sports video games but is also a significant contribution to the law on the interplay between the First Amendment and the right of publicity

Penguin Group (USA) Inc. v. American Buddha: New York’s long arm statute grows longer for internet piracy

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • December 7 2011

Earlier this year, the New York Court of Appeals issued an important decision which should help New York publishers combat online piracy of their copyrighted works and will have implications for other online content providers as well

Disaster or disaster averted? The Second Circuit limits the first sale doctrine

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • September 19 2011

A recent Second Circuit decision has highlighted the difficult statutory interpretation and policy issues involved in the interplay between the first sale doctrine and restrictions on unauthorized imports into the United States under the Copyright Act. In John Wiley & Sons, Inc