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Results: 1-10 of 148

The Aereo crashed: cheap internet TV thwarted
  • McDermott Will & Emery
  • USA
  • July 30 2014

The Supreme Court of the United States has now determined that internet streaming services directly infringe the copyrights of several television


Stop the music (or be vicariously liable)
  • McDermott Will & Emery
  • USA
  • July 30 2014

The U.S. Court of Appeals for the Sixth Circuit found a restaurant owner personally liable where the restaurant played recorded and live music


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


Ambiguity as to copyright renewal term must be litigated
  • McDermott Will & Emery
  • USA
  • July 31 2013

The U.S. Court of Appeals for the Second Circuit reversed a lower court's decision that dismissed a lawsuit brought by comic book artist Gary


How deep is the safe harbor?
  • McDermott Will & Emery
  • USA
  • May 30 2012

In a case that has now been in litigation for more than five years, and in an appeal that drew close to a hundred amici briefs, the U. S. Court of Appeals for the Second Circuit has explained its position on the contours of the Digital Millennium Copyright Act's (DCMA's) safe harbor provision that limits the liability of online service providers who permit users to post content on their websites


Second Circuit revives copyright infringement suit against non-resident for uploading copyrighted material online
  • McDermott Will & Emery
  • USA
  • June 30 2011

Employing the standard set out by the New York Court of Appeals in internet copyright infringement cases, the U.S. Court of Appeals for the Second Circuit has revived a copyright infringement suit brought by a New York resident against a non-resident based upon defendant’s alleged uploading of copyrighted materials onto the internet


“Caught Up” not substantially similar to “caught Up”
  • McDermott Will & Emery
  • USA
  • February 29 2012

Assessing whether two songs titled “Caught Up” possessed enough similarities to survive a motion to dismiss, the U.S. Court of Appeals for the Second Circuit held that they were not in that the songs were lyrically and musically distinct


Ninth Circuit adopts lower court’s use of its own "blades of chaos" to filter out the unprotectable elements of a plaintiff’s copyright infringement claim
  • McDermott Will & Emery
  • USA
  • August 31 2011

The U.S. Court of Appeals for the Ninth Circuit adopted and affirmed the trial court’s decision that no reasonable juror could conclude that Sony’s God of War videogame contained substantially similar ideas and expression to any of the protectable elements contained in the plaintiffs’ works


Ravens’ fair use defense won’t fly
  • McDermott Will & Emery
  • USA
  • October 28 2010

The U.S. Court of Appeals for the Fourth Circuit, reversing the district court, found that the NFL’s Baltimore Ravens’ unauthorized use of its previously adjudicated infringing logo design in highlight film was not a fair use


Digital music downloads are not public performances
  • McDermott Will & Emery
  • USA
  • October 28 2010

The U.S. Court of Appeals for the Second Circuit, affirming a district court, found that a download of a musical work does not constitute a public performance of that work. In that same case, the court vacated the district court’s assessment of license fees