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Results: 11-20 of 45

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


Posting entire news article on nonprofit organization's blog constitutes fair use
  • Proskauer Rose LLP
  • USA
  • 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
  • USA
  • 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


Mobile carriers not secondarily liable for copyright infringement on multimedia messaging system
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Mobile carriers are not liable for inducing infringement of copyright on their multimedia messaging system because they did not design the system with the object of promoting infringement, nor did they take any specific, affirmative steps to actively encourage or induce infringement by users of the system, a district court ruled in a copyright infringement action brought by a producer of multimedia messaging content


Under New York long-arm statute, copyright owner's location is situs of copyright harm from online infringement
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Under N.Y.C.P.L.R. 302(a)(3)(ii), which provides for long-arm jurisdiction in cases involving out-of-state tortious acts that cause harm within the State, where unauthorized copies of copyrighted works are posted on Web sites outside New York, the situs of the resulting injury is the location of the copyright owner


Posting of entire news article is fair use, says judge in Righthaven copyright litigation
  • Proskauer Rose LLP
  • USA
  • March 22 2011

We recently wrote on the copyright enforcement lawsuits brought by Righthaven LLC, the intellectual property enforcement firm, and in particular, on a pending ruling on the issue of fair use in the Righthaven litigation against the Center for Intercultural Organizing (CIO


The Righthaven lawsuits: what is fair use of online publications?
  • Proskauer Rose LLP
  • USA
  • February 24 2011

Righthaven LLC is an intellectual property enforcement firm that was formed by a group of copyright attorneys and Stephens Media, the publisher of the Law Vegas Review-Journal


No fair use defense for online post of 21-page book excerpt
  • Proskauer Rose LLP
  • USA
  • 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
  • USA
  • 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
  • USA
  • 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