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Second Circuit revives copyright infringement suit against non-resident for uploading copyrighted material online

McDermott Will & Emery
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USA
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June 30 2011

Employing the standard set out by the New York Court of Appeals in internet copyright infringement cases, the U.S. Court of Appeals for the Second Circuit has revived a copyright infringement suit brought by a New York resident against a non-resident based upon defendant’s alleged uploading of copyrighted materials onto the internet

“Hot news” cannot be enjoined under misappropriation claim

McDermott Will & Emery
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USA
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July 31 2011

In a case that attracted significant amici attention, the U.S. Court of Appeals for the Second Circuit, invoking the copyright law principal of preemption, vacated an injunction against an internet news service that was based on a tort claim of misappropriation

How deep is the safe harbor?

McDermott Will & Emery
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USA
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May 30 2012

In a case that has now been in litigation for more than five years, and in an appeal that drew close to a hundred amici briefs, the U. S. Court of Appeals for the Second Circuit has explained its position on the contours of the Digital Millennium Copyright Act's (DCMA's) safe harbor provision that limits the liability of online service providers who permit users to post content on their websites

Statutory provision on royalty judges violates appointments clause

McDermott Will & Emery
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USA
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August 30 2012

The U.S. Court of Appeals for the District of Columbia Circuit ruled that the position of Copyright Royalty Judges (CRJs) violates the Appointments Clause of the U.S. Constitution, but remedied the violation by invalidating and severing restrictions on the Librarian of Congress’s ability to remove the CRJs

Constitutional challenge to (file sharing) damage award rebuffed

McDermott Will & Emery
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USA
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October 31 2011

The U. S. Court of Appeals for the First Circuit was less sympathetic than the district court to a Boston College graduate student who was found to have used file sharing software to distribute copyrighted music, concluding that the district court erred in reducing the damage award based on due process concerns

“Situs of the injury” for exercising personal jurisdiction over defendant for online copyright infringement is location of copyright owner

McDermott Will & Emery
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USA
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April 29 2011

In a decision favorable to copyright owners based in the state of New York, the New York State Court of Appeals held that in copyright infringement cases involving the uploading of copyrighted literary works onto the internet, the situs of the injury for purposes of determining personal jurisdiction under New York's long-arm jurisdiction statute is the location of the copyright holder and not the location of the infringing conduct

DMCA safe harbor held to protect content-sharing website

McDermott Will & Emery
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USA
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January 31 2012

The U.S. Court of Appeals for the Ninth Circuit affirmed summary judgment in favor of a defendant “video-sharing” website, holding that defendant is protected from liability for copyright infringement under the safe harbor provisions of the Digital Millennium Copyright Act (DMCA

eBay abrogates presumption of irreparable harm in copyright cases in Ninth Circuit

McDermott Will & Emery
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USA
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August 31 2011

Considering the impact of the Supreme Court’s 2006 ruling in the patent infringement case eBay Inc. v. MercExchange, L.L.C. on copyright cases, the U.S. Court of Appeals for the Ninth Circuit Court held that irreparable harm may no longer be presumed upon showing a likelihood of success when seeking preliminary or permanent injunctive relief in copyright infringement cases

Second Circuit refuses to enjoin Aereo’s internet streaming of broadcast television

McDermott Will & Emery
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USA
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May 31 2013

Addressing the legality of a streaming TV service that provides internet-streaming of broadcast television programming, the U.S. Court of Appeals for

Vicarious copyright infringement requires a showing of supervision or control

McDermott Will & Emery
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USA
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April 30 2013

In an opinion that elaborates on the degree of third-party supervision required in order to attach vicarious copyright infringement liability, the U.S