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Infringement and circumvention of massively multiplayer online video game yield $300,000 damages award

Proskauer Rose LLP
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USA
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May 5 2011

The court entered a default judgment for statutory damages for trademark and copyright infringement and circumvention of technological measures resulting from the distribution of unauthorized copies of the plaintiff's videogame

Posting entire news article on nonprofit organization's blog constitutes fair use

Proskauer Rose LLP
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USA
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May 5 2011

The re-posting of an entire news article on the blog of a nonprofit organization is fair use as a matter of law where the purpose was to educate the public, a district court ruled

Google Books settlement would usurp congressional role in revising copyright law

Proskauer Rose LLP
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USA
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May 5 2011

Judge Chin found that the settlement was not "fair, adequate and reasonable," as required by the federal rules, and suggested that it might be able to be approved if it was changed to an opt-in, rather than an opt-out, settlement

"Super Bowl Shuffle" dispute settled

Proskauer Rose LLP
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USA
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November 29 2011

In our May 2011 edition we reported on a complaint filed by the wife of "Super Bowl Shuffle" co-writer Richard Meyer and her exclusive licensing agent, Renaissance Marketing Corporation against Random House for the unlicensed use of the 1985 hit song

Videogame app developer breaks the rules on copyright infringement

Proskauer Rose LLP
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USA
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June 19 2012

Desiree Golden, a recent college graduate, wanted to aim at the big money that can be made in app development

No fair use defense for online post of 21-page book excerpt

Proskauer Rose LLP
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USA
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January 11 2011

The blog posting of images of 21 pages of a soon-to-be-published book is not protected by the fair use doctrine and thus may be temporarily enjoined, a district court ruled

Music downloads and ringtones are licensed, not sold, under royalty agreement

Proskauer Rose LLP
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USA
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January 11 2011

Sales of music by digital downloads and by ringtones sold through carriers must be accounted to an artist under a royalty contract with a recording company as licenses rather than sales of the music, the U.S. Court of Appeals for the Ninth Circuit ruled

Implied license, fair use, held meritorious defenses in online newspaper article copyright infringement action

Proskauer Rose LLP
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USA
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January 11 2011

The implied license and fair use defenses raised by the operator of an online forum are meritorious defenses that warrant reopening a default judgment for copyright infringement, a district court ruled

Grades for football prospects copyrightable, but sports writer not offside in use

Proskauer Rose LLP
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USA
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March 19 2013

Information about NFL draft prospects is not something that one would normally think of as a literary work, unless perhaps written up by, say, Coach

Notice of past infringements on online photo site does not obligate operator to proactively screen site

Proskauer Rose LLP
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USA
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May 5 2011

An online photo-sharing site does not have a duty to search its site for material that infringes an artist's works, even if it has received past notices of infringement of the same works from the artist, a district court ruled

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