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Results: 1-10 of 32

Transformative use in the Seventh Circuit

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 29 2014

The U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s grant of summary judgment based on fair use, but cited different

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

  • McDermott Will & Emery
  • -
  • USA
  • -
  • 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

Vicarious copyright infringement requires a showing of supervision or control

  • McDermott Will & Emery
  • -
  • USA
  • -
  • 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

A Digital Copyright Exchange in the United Kingdom

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • January 12 2012

The United Kingdom’s Department of Business, Innovation, and Skills (BIS) has honoured its early commitment to one of the more controversial ideas put forward by Professor Hargreaves in his May 2011 Review of Intellectual Property and Growth by announcing the launch of a feasibility study on developing a Digital Copyright Exchange (DCE) in the United Kingdom

Owner of compilation need not list individual authors to register copyright

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 29 2013

In deciding issues of first impression for the circuit, the U.S. Court of Appeals for the Fourth Circuit upheld a preliminary injunction against a

ISP not responsible for preventing illegal downloading: CJEU decision finds filtering system would infringe ISP’s business rights and customers’ freedom

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • January 12 2012

In Scarlet Extended SA v Société belge des auteurs, compositeurs et éditeurs SCRL C-7010 24 November 2011, the Court of Justice of the European Union found that imposing an injunction on an internet service provider (ISP) requiring it to install a filtering system to prevent illegal downloading is unlawful under European law

D.C. Circuit limits discovery and joinder for downloading "swarms"

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 27 2014

Deciding a case that involves issues of discovery and joinder, the U.S. Court of Appeals for the D.C. Circuit addressed issues presented by so-called

Searching for photos? Go ahead, Google those thumbnails

  • McDermott Will & Emery
  • -
  • Germany
  • -
  • June 30 2010

The German Federal Supreme Court has decided that Google is not liable for unlawful copyright infringement for displaying thumbnail preview images of the artist's photographs in its search engine

DMCA safe harbor analysis now the same in both Ninth and Second Circuits

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 30 2013

The U.S. Court of Appeals for the Ninth Circuit has withdrawn its 2011 opinion applying the "safe harbor" provision of the Digital Millennium

Web-linking is not necessarily copying

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 28 2012

The U.S. Court of Appeals for the Seventh Circuit has determined that an entity that provides a link to copyrighted material should not be held liable as a contributory copyright infringer if users of the site bookmarked, but did not upload, the copyrighted material to the site servers