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Results: 1-10 of 295

Alleged breach of implied-in-fact contract for use of a television show idea not preempted by Copyright Act
  • McDermott Will & Emery
  • USA
  • July 31 2012

In vacating a district court’s grant of a motion to dismiss a breach of contract action against a television studio, the U.S. Court of Appeals for the Second Circuit held that the Copyright Act does not preempt a breach of an implied-in-fact contract that included a promise to pay for an idea


Brumley Heirs Win Fight over Rights to Old Gospel Song
  • McDermott Will & Emery
  • USA
  • June 28 2016

Addressing the termination right given to authors and their heirs under the Copyright Act, the US Court of Appeals for the Sixth Circuit concluded


Circumstantial evidence does not create a triable issue of material fact
  • McDermott Will & Emery
  • USA
  • December 28 2007

The U.S. Court of Appeals for the Sixth Circuit upheld the district court’s grant of summary judgment in favor of defendant-appellee Universal-MCA Music Publishing (Universal), agreeing that plaintiff-appellant Bridgeport Music, Inc. (Bridgeport) had failed to set forth specific facts showing a triable issue of material fact


No Appellate “Second Guessing” of Witness Credibility Determinations
  • McDermott Will & Emery
  • USA
  • January 29 2016

Addressing whether nearly identical opening song lyrics showed copying and whether to give more weight to testimony from witnesses who contradicted


Lack of striking similarity ends The Big C copyright infringement action in the Ninth Circuit
  • McDermott Will & Emery
  • USA
  • December 27 2012

In an unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court's grant of summary judgment in favor of defendants


DMCA Safe Harbor Protection Includes Pre-1972 Recordings
  • McDermott Will & Emery
  • USA
  • July 26 2016

Vacating a district court's decision, the US Court of Appeals for the Second Circuit explained that the safe harbor provision of the Digital


It’s the words, not the ideas, that are copyrightable
  • McDermott Will & Emery
  • USA
  • August 29 2013

The U.S. Court of Appeals for the Seventh Circuit dismissed a lawsuit claiming that Elton John and his songwriter partner Bernie Taupin had


Judge Posner orders Sherlock Holmes estate to pay attorneys’ fees for “form of extortion”
  • McDermott Will & Emery
  • USA
  • October 1 2014

In another scathing opinion against the Sherlock Holmes estate, Judge Richard A. Posner ordered the estate to pay attorneys’ fees for bringing


Licensing agent has standing to bring copyright infringement suit
  • McDermott Will & Emery
  • USA
  • September 30 2015

Addressing the issue of whether a photograph licensing agent has standing to bring an infringement suit under the Copyright Act, the U.S. Court of


Use of third-party artwork in video backdrop is fair use
  • McDermott Will & Emery
  • USA
  • September 30 2013

The U.S. Court of Appeals for the Ninth Circuit affirmed that the unauthorized use of an artist’s illustration in a video backdrop featured in rock