We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 29

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

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

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

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

CJEU finds hyperlinks to freely available copyright works do not infringe copyright

  • McDermott Will & Emery
  • -
  • European Union, Sweden
  • -
  • March 17 2014

In Svensson and others v Retriever Sverige AB C-46612, the Court of Justice of the European Union (CJEU) has found that hyperlinking to a copyright

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

Google Books is fair use and provides “significant public benefits”

  • McDermott Will & Emery
  • -
  • USA
  • -
  • December 31 2013

Since 2004, the Google Books project has scanned over 20 million books and has provided digital copies of the books to participating libraries while

“Hot news” cannot be enjoined under misappropriation claim

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

Constitutional challenge to (file sharing) damage award rebuffed

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