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Results: 1-10 of 28

Software licensor's contract prohibition against automated download of support materials does not constitute copyright misuse
  • Proskauer Rose LLP
  • USA
  • January 11 2011

A prohibition in a software license agreement against the use of automated tools to download support materials related to the software is not a misuse of copyright, a district court found


Music downloader's due process rights violated by copyright statutory damages award of $22,500 per song
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A jury award of $22,500 per song, resulting in a total award of $675,000 in statutory damages against an individual who downloaded copyrighted music files on a peer-to-peer network, violated the individual's due process rights, where he reaped no pecuniary reward from the infringement and the infringement caused the plaintiffs "minimal harm," a district court ruled


Logo, copyright notice and link on web site constitute copyright management information under DMCA
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A photographer's name, logo and link on a Web site containing copyrighted photographs constitute copyright management information within the scope of the Digital Millennium Copyright Act, 17 U.S.C. 1202, a district court ruled


Hot news claim in financial data not preempted by Copyright Act
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A hot news misappropriation claim under New York law alleging that a licensee of financial data improperly shared the data with another business entity is not preempted by the Copyright Act, because the licensor had sufficiently alleged the "extra elements" of a hot news claim, a district court ruled


Infringement notices requiring service provider to reference multiple files are insufficient under takedown provisions of DMCA
  • Proskauer Rose LLP
  • USA
  • September 30 2010

Notices of claimed infringement that consist of multiple files that a service provider must cross-reference in order to determine the location of infringing content do not satisfy the takedown provisions of the Digital Millennium Copyright Act, a district court ruled


U.S. Supreme Court grants review of statute restoring copyright in public domain works
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The questions presented are whether the Progress Clause of the United States Constitution prohibits Congress from taking works out of the public domain, and whether Section 514 of the Uruguay Round Agreements Act of 1994 violates the First Amendment of the United States Constitution


Posting entire news article on nonprofit organization's blog constitutes fair use
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The re-posting of an entire news article on the blog of a nonprofit organization is fair use as a matter of law where the purpose was to educate the public, a district court ruled


Google Books settlement would usurp congressional role in revising copyright law
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Judge Chin found that the settlement was not "fair, adequate and reasonable," as required by the federal rules, and suggested that it might be able to be approved if it was changed to an opt-in, rather than an opt-out, settlement


No fair use defense for online post of 21-page book excerpt
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The blog posting of images of 21 pages of a soon-to-be-published book is not protected by the fair use doctrine and thus may be temporarily enjoined, a district court ruled


Music downloads and ringtones are licensed, not sold, under royalty agreement
  • Proskauer Rose LLP
  • USA
  • January 11 2011

Sales of music by digital downloads and by ringtones sold through carriers must be accounted to an artist under a royalty contract with a recording company as licenses rather than sales of the music, the U.S. Court of Appeals for the Ninth Circuit ruled