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No Compulsory License for Internet Retransmissions of Broadcast TV
  • McDermott Will & Emery
  • USA
  • April 27 2017

Reversing the district court’s partial grant of summary judgment in favor of an internet streaming service, the US Court of Appeals for the Ninth


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


Burning Man Bus Not a Protected Work of Visual Art Under VARA
  • McDermott Will & Emery
  • USA
  • July 26 2016

The US Court of Appeals for the Ninth Circuit affirmed the judgment of a Nevada district court when it determined that the Visual Artists Rights Act


Eighth Circuit Hints at Unconstitutionality of Missouri Restrictions on Alcohol Advertising
  • McDermott Will & Emery
  • USA
  • January 24 2017

Last week, the US Court of Appeals for the Eighth Circuit weighed in on the legality of restrictions on alcohol advertising under the First Amendment


First Amendment Prevents Right of Publicity Claim Arising from Film About “Issues of a Public Nature”
  • McDermott Will & Emery
  • USA
  • March 30 2016

In a lawsuit involving the 2010 Oscar-winning film The Hurt Locker, the US Court of Appeals for the Ninth Circuit held that right of publicity claims


Is the comic book character copyright infringement saga finally over?
  • McDermott Will & Emery
  • USA
  • January 29 2015

The U.S. Court of Appeals for the Tenth Circuit affirmed the district court’s dismissal of a copyright infringement complaint by an entity that has


Price optimization in e-commerce not patent eligible
  • McDermott Will & Emery
  • USA
  • July 29 2015

In the wake of the Supreme Court’s decision in Alice addressing patent-eligible subject matter (IP Update, Vol. 17, No. 7), the U.S. Court of Appeals


Trying to Outhustle a Permanent Injunction
  • McDermott Will & Emery
  • USA
  • February 25 2016

Addressing the issue of modifying a permanent injunction for trademark infringement, the Court of Appeals for the Sixth Circuit held that an


Preemption of state-law tort claims by the Copyright Act
  • McDermott Will & Emery
  • USA
  • May 28 2015

Addressing the issue of the preemption of state-law claims by the Copyright Act, the U.S. Court of Appeals for the Eighth Circuit upheld the district


A joint author does not own derived material
  • McDermott Will & Emery
  • USA
  • August 27 2015

Addressing joint and derivative works under the Copyright Act, the U.S. Court of Appeals for the First Circuit found the district court erred in