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Results: 1-10 of 148

X-Men, Incredible Hulk, Spider Man and Captain America illustrator exceptionally gifted artist, but not copyright owner
  • McDermott Will & Emery
  • USA
  • September 30 2013

Affirming a determination that certain comic book drawings were works made for hire and the artist had no rights to the work, 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


Stock photo agency need not list all photographs in its compilation
  • McDermott Will & Emery
  • USA
  • April 30 2014

Joining with the U.S. Court of Appeals for the Fourth Circuit, the U.S. Court of Appeals for the Ninth Circuit ruled that a stock photo agency is the


The appropriation artist is a Prince
  • McDermott Will & Emery
  • USA
  • May 31 2013

The U.S. Court of Appeals for the Second Circuit, in a case involving allegations, against an appropriation artist, of infringement of photographs


Arbitration clause can result in amending an agreement to realize its “essence”
  • McDermott Will & Emery
  • USA
  • May 31 2013

Timegate Studios, Inc. v. Southpeak Interactive, LLC et al. Due to fraudulent conduct and an "extraordinary" breach of a development agreement, the U


No compulsory license for internet streaming
  • McDermott Will & Emery
  • USA
  • October 31 2012

In an appeal of a preliminary injunction against ivi, Inc., the U.S. Court of Appeals for the Second Circuit found that internet streaming services are not entitled to compulsory licenses under 17 U.S.C. 111 of the Copyright Act for broadcast TV retransmissions


Eleventh Circuit holds not all “internet” distribution is worldwide publication, giving rise to a United States work
  • McDermott Will & Emery
  • USA
  • October 31 2012

In a suit involving allegations that Nelly Furtado’s song Do It illegally copied the musical work Acidjazzed Evening, the U.S. Court of Appeals for the Eleventh Circuit affirmed summary judgment for defendants based on plaintiff’s failure to register the copyright or prove it was exempt from that requirement as a foreign work


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In an unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court's grant of summary judgment in favor of defendants


D.C. Circuit limits discovery and joinder for downloading "swarms"
  • McDermott Will & Emery
  • USA
  • June 27 2014

Deciding a case that involves issues of discovery and joinder, the U.S. Court of Appeals for the D.C. Circuit addressed issues presented by so-called


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