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Trademark claims against virtual world strip club denied on 1st Amendment grounds

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • January 20 2009

A court has ruled that incorporating into a video game a virtual strip club with a similar look and feel to the real thing has artistic relevance and that similarities between the real and virtual strip clubs were not explicitly misleading

Congress considers new bill seeking performance royalties for performing artists and record labels

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • December 21 2007

On December 18, members of the House and Senate Judiciary Committees introduced bipartisan, bicameral legislation to require terrestrial or conventional radio stations to compensate performing artists and their record labels when they broadcast their work

P2P file-sharing website ordered to pay movie studios $110 million in damages

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • June 10 2008

As a sanction for electronic discovery violations, the U.S. District Court in the Central District of California ordered Valence Media LLC, the parent company of TorrentSpy.com, to pay $110,997,000 in damages to six motion picture studios for secondary liability for copyright infringement

Court extends publishers’ rights to freelance works to CD-ROMs of back issues, unless

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • August 4 2008

In a significant victory for publishers in their long-running battle with freelancers, a federal appeals court in Atlanta recently ruled that magazine publishers do not have to compensate the individual copyright holders of freelanced articles and photographs when the magazines are reproduced on CD-ROM for commercial sale, unless contracts between the publisher and the freelancer provide to the contrary

Automated program for playing virtual world game deemed copyright infringement

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • August 14 2008

In July 2008, a U.S. District Court in Arizona found on summary judgment that the use of an automated program to play a virtual world game constituted copyright infringement

Court rules copyright owners must consider fair use before DMCA takedown notice

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • September 3 2008

In Lenz v. Universal Music Corp et al. (Case 5:07-cv-03783 JF) a California District Court held that in order to issue a Digital Millennium Copyright Act (“DMCA”) takedown notice in good faith, a copyright holder must evaluate whether the use at issue qualifies as “fair use” under copyright law

Congress gives SoundExchange and webcasters authority to settle royalty rates

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • October 1 2008

On September 30, the U.S. Senate approved the Webcaster Settlement Act of 2008, a bill giving SoundExchange and webcasters authority to finalize an agreement on performance royalty rates

Internet music breakthrough: industry groups agree on mechanical royalties for interactive streaming and limited downloads

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • September 24 2008

On Tuesday, September 23, 2008, the Recording Industry Association of America (RIAA), the Digital Media Association (DiMA), the National Music Publishers' Association (NMPA) and several songwriters' associations announced the details of a landmark deal on mechanical royalties for interactive music streaming and limited music downloads

Licensing and royalty requirements for webcasters: details and deadlines

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • March 24 2009

This Advisory is intended specifically to help guide individuals and companies, that wish to distribute recorded music over the Internet for pleasure or profit, through the maze of licenses and royalties required for such "webcasting" activities

Internet radio royalty dispute reaching endfor now

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • August 18 2009

The long-running battle over royalties owed by webcasterscompanies that broadcast music over the Internettook several significant leaps towards conclusion last month with important developments both inside and outside of the courtroom