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Results: 11-20 of 232

Gossip mag’s “fair use” claim in publishing a celebrity’s wedding photos rejected
  • McDermott Will & Emery
  • USA
  • September 28 2012

The U. S. Court of Appeals for the Ninth Circuit reversed the district court’s grant of summary judgment in favor of Maya Magazines and Maya Publishing Group (collectively Maya), finding that the media company did not meet its burden of establishing that its publication of previously unpublished photos of a celebrity couple’s wedding constituted fair use


Ex-guitarist must KISS royalties goodbye to satisfy judgment
  • McDermott Will & Emery
  • USA
  • July 31 2012

In an unpublished ruling, the U.S. Court of Appeals for the Ninth Circuit held that a district court did not err in holding that former KISS guitarist Vinnie “Vinnie Vincent” Cusano must surrender KISS royalty earnings to former bandmate Gene “Gene Simmons” Klein in order to cover Klein’s attorneys’ fees from a royalty dispute Cusano lost in 2003


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


Direct licenses should be considered in determining reasonable royalty for performing rights organizations
  • McDermott Will & Emery
  • USA
  • July 31 2012

The U.S. Court of Appeals for the Second Circuit held that rate courts can take into account direct license rates when determining reasonable royalties due to performing rights organizations in Broadcast Music Inc. v. DMX, Inc


Only musical recordings eligible for copyright first sale exception
  • McDermott Will & Emery
  • USA
  • February 28 2007

Addressing for the first time the issue of whether the record rental exception to the copyright first sale doctrine applies to all sound recordings or only musical sound recordings, the U.S. Court of Appeals for the Sixth Circuit upheld the district court, holding that only musical sound recordings are subject to the exception


Funkadelic master sound recordings can be involuntarily transferred to a court-appointed receiver to satisfy judgment
  • McDermott Will & Emery
  • USA
  • July 30 2014

Addressing the issue of whether a lower court abused its discretion by appointing a receiver and authorizing the sale of master sound recordings to


Judge Posner solves Sherlock Holmes copyright case
  • McDermott Will & Emery
  • USA
  • July 30 2014

The original character of the famous detective Sherlock Holmes, along with his sidekick, Dr. John H. Watson, are no longer subject to copyright


Second Circuit revives trademark suit against Oprah Winfrey
  • McDermott Will & Emery
  • USA
  • June 27 2013

Vacating a district court’s grant of a motion to dismiss a trademark infringement claim against defendants Oprah Winfrey, Harpo, Inc. and Harpo


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


Experience Jimi Hendrix, post-mortem publicity rights
  • McDermott Will & Emery
  • USA
  • February 28 2014

The U.S. Court of Appeals for the Ninth Circuit, reversing a district court's ruling finding unconstitutional the provisions of the Washington