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Results: 1-10 of 45

Virginia court dismisses webcaster’s suit concerning geofencing workaround to copyright royalty obligations
  • Proskauer Rose LLP
  • USA
  • February 24 2015

We previously wrote about a Virginia federal magistrate judge's report recommending dismissal of a declaratory judgment action brought by several


Music publishers bring contributory copyright claims against ISP for infringing activities of subscribers
  • Proskauer Rose LLP
  • USA
  • December 2 2014

In a novel lawsuit that tests the bounds of service provider liability, two music publishers brought suit against an ISP for contributory copyright


Who exactly is a ‘user’ under the DMCA safe harbor?
  • Proskauer Rose LLP
  • USA
  • May 11 2015

The DMCA was enacted in 1998 to preserve "strong incentives for service providers and copyright owners to cooperate to detect and deal with copyright


Emerging technology and existing law: can geofencing provide radio webcasters a workaround of digital performance royalties?
  • Proskauer Rose LLP
  • USA
  • October 3 2014

New technology continues to generate business models that test the limits of intellectual property laws enacted before such technologies were ever


Supreme Court rejects Google’s appeal in Java API dispute
  • Proskauer Rose LLP
  • USA
  • June 30 2015

On Monday, the Supreme Court denied certiorari in Google's appeal of the Federal Circuit's 2014 ruling that that the declaring code and the structure


Music downloader's due process rights violated by copyright statutory damages award of $22,500 per song
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A jury award of $22,500 per song, resulting in a total award of $675,000 in statutory damages against an individual who downloaded copyrighted music files on a peer-to-peer network, violated the individual's due process rights, where he reaped no pecuniary reward from the infringement and the infringement caused the plaintiffs "minimal harm," a district court ruled


Logo, copyright notice and link on web site constitute copyright management information under DMCA
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A photographer's name, logo and link on a Web site containing copyrighted photographs constitute copyright management information within the scope of the Digital Millennium Copyright Act, 17 U.S.C. 1202, a district court ruled


Hot news claim in financial data not preempted by Copyright Act
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A hot news misappropriation claim under New York law alleging that a licensee of financial data improperly shared the data with another business entity is not preempted by the Copyright Act, because the licensor had sufficiently alleged the "extra elements" of a hot news claim, a district court ruled


Infringement notices requiring service provider to reference multiple files are insufficient under takedown provisions of DMCA
  • Proskauer Rose LLP
  • USA
  • September 30 2010

Notices of claimed infringement that consist of multiple files that a service provider must cross-reference in order to determine the location of infringing content do not satisfy the takedown provisions of the Digital Millennium Copyright Act, a district court ruled


U.S. Supreme Court grants review of statute restoring copyright in public domain works
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The questions presented are whether the Progress Clause of the United States Constitution prohibits Congress from taking works out of the public domain, and whether Section 514 of the Uruguay Round Agreements Act of 1994 violates the First Amendment of the United States Constitution